How to Start an LLC in New York
To start an LLC in New York, file Articles of Organization with the New York Division of Corporations (Department of State). This costs $200 and takes 7 business days (standard); 24-hour expedite (+$25); same-day (+$75) for online approval.
New York has a mandatory Publication Requirement: within 120 days of forming your LLC, you must publish a notice of formation in 2 newspapers for 6 consecutive weeks. This can cost $300 to $2,000+ depending on your county (Manhattan is the most expensive). Failure to complete this can suspend your LLC's ability to do business.
There are 7 steps to start an LLC in New York:
- 1Choose an LLC Name
- 2Select a Registered Agent
- 3File Articles of Organization
- 4Create an Operating Agreement
- 5Get an EIN from the IRS
- 6Fulfill the Publication Requirement
- 7File Your Biennial Statement
How much does it cost to start an LLC in New York?
It costs $200 to start an LLC in New York. After formation, you will also owe $300–$2,000+ (newspaper) + $50 Certificate of Publication for the Fulfill the Publication Requirement.
What are these fees for?
- The $200 is to file the Articles of Organization — the document that officially creates your LLC.
- The $300–$2,000+ (newspaper) + $50 Certificate of Publication is for the Fulfill the Publication Requirement — a mandatory filing that keeps your LLC in good standing.
- See Step 7 below for additional requirements and costs.
How long does it take to get an LLC in New York?
- Online filing: 7 business days (standard); 24-hour expedite (+$25); same-day (+$75)
- Mail filing: 7 business days (plus mail time)
You can file online or by mail. Expedited processing is available.
Steps to Form an LLC in New York
Step 1: Search Your LLC Name
Search your LLC name to make sure it's available in New York. Two businesses in the state cannot share the same name.
New York business name search →
Step 2: Choose a Registered Agent
A Registered Agent is a person or company that accepts legal mail and state notices on behalf of your LLC. New York requires your Registered Agent to have a physical street address in the state — PO Boxes are not allowed. Your options:
- Yourself (if you have a physical address in New York)
- A friend or family member who lives in New York
- A professional Registered Agent service
Step 3: File Articles of Organization with Department of State
To officially create your LLC, file the Articles of Organization with the New York Division of Corporations (Department of State). The filing fee is $200.
You can file online or by mail. Expedited processing is available.
Step 4: Create an Operating Agreement
An Operating Agreement is an internal document that shows who owns the LLC and how it will be run. You do not need to file it with the state or the IRS — just keep it with your business records. All LLCs should have one, even single-member LLCs.
Step 5: Get an EIN from the IRS
An EIN (Employer Identification Number) is your LLC's federal tax ID. It is free from the IRS and is needed to open a business bank account, hire employees, and file taxes.
- US residents with an SSN: Apply online at IRS.gov (takes ~15 minutes, free)
- Non-US residents without an SSN: Apply by fax or mail using Form SS-4 (takes 1–3 months)
Step 6: Fulfill the Publication Requirement
- Publish in 2 newspapers (one daily, one weekly) for 6 consecutive weeks in the county where your LLC office is located
- After publication, file a Certificate of Publication with the NY Department of State ($50)
- If you don't complete this requirement, your LLC's ability to do business in New York can be suspended
Step 7: File Your Biennial Statement
First due: By the anniversary date 2 years after formation
After Your LLC Is Approved
Open a business bank account
Keep business and personal finances separate to maintain liability protection. You will need your EIN and your stamped/approved Articles of Organization to open an account.
Get business licenses and permits
New York does not have a state general business license. However, depending on your business type and location, you may need local permits or professional licenses.
Understand your tax obligations
LLCs don't pay federal income tax directly. Profits and losses pass through to the members, who report them on their personal federal tax returns.
New York has a state income tax. LLC members report their share of profits on their New York state tax return. New York City also has its own city income tax for those operating in NYC.
Once your LLC is formed, TheLLCWiki has free tools for IRS name changes, address changes, EIN applications, and tax elections.