Forming an LLC in New York gives small business owners limited liability protection and flexibility in how they manage and operate their business. However, New York has specific compliance requirements that make its process slightly different from other states. This guide covers each step in detail—from naming your LLC to meeting the publication mandate—so you can confidently form and maintain your business in good standing.
Your LLC’s name must be unique and include “Limited Liability Company,” “LLC,” or “L.L.C.”
Check availability through the New York Department of State’s business database.
If you’re not ready to form your LLC immediately, you can reserve your name for 60 days by filing a name reservation application and paying $20.
Tip: Choose a name that’s easy to market and consistent across your business documents, website, and branding.
The New York Secretary of State automatically serves as every LLC’s registered agent for receiving legal documents.
You may also appoint a secondary registered agent with a physical address in New York (not a PO Box). This agent can manage official correspondence and compliance mail for your business.
Tip: Having a local agent helps ensure timely handling of important state notices.
The Articles of Organization (Form DOS-1336) legally establish your LLC.
Filing fee: $200
Filing method: Online or by mail with the New York Department of State
Information required:
LLC name
Registered agent details
Business purpose
Management structure (member- or manager-managed)
Tip: Filing online provides faster confirmation and easy access to your approved documents.
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This is a mandatory step unique to New York.
Within 120 days of LLC formation, you must:
Publish a notice of formation in two newspapers (one daily and one weekly) for six consecutive weeks.
The newspapers are designated by the county clerk where your LLC’s office is located.
After publication, file a Certificate of Publication with affidavits from both newspapers and pay a $50 filing fee.
Publication costs vary depending on the newspapers and county—typically $300 to $1,200.
Failure to complete this requirement may suspend your authority to conduct business in New York.
Tip: Contact your county clerk early to confirm approved newspapers and estimated publication costs.
New York requires every LLC to adopt an Operating Agreement within 90 days of formation.
Though not filed with the state, this internal document defines:
Ownership and capital contributions
Management duties and voting rights
Profit and loss allocation
Rules for adding or removing members
Tip: Even single-member LLCs benefit from having an Operating Agreement—it strengthens your liability protection and is often needed for banking.
Apply for a free Employer Identification Number (EIN) through the IRS.
You’ll need it for:
Filing federal and state taxes
Opening business bank accounts
Hiring employees
Tip: Obtain your EIN immediately after formation to streamline other registrations and financial tasks.
Every two years, your LLC must file a Biennial Statement with the Department of State.
Filing fee: $9
Due date: During the month in which your LLC was originally formed
This filing keeps your contact information current and ensures your business remains in good standing.
Tip: Mark your calendar for your formation month to avoid missing your biennial filing.
| Step | Fee | Notes |
|---|---|---|
| Name Reservation (optional) | $20 | Holds name for 60 days |
| Articles of Organization | $200 | Required to form the LLC |
| Publication Requirement | $300–$1,200 | Varies by county and newspaper rates |
| Certificate of Publication | $50 | Filed after six weeks of publication |
| Operating Agreement | N/A | Required internal document |
| EIN | Free | Issued by the IRS |
| Biennial Statement | $9 | Filed every two years |
Starting an LLC in New York involves additional steps, especially the publication requirement, but the process is manageable with careful planning. Begin by choosing and registering your business name, filing your Articles of Organization, and drafting a solid Operating Agreement. Complete the mandatory publication within 120 days, secure an EIN for tax and banking purposes, and maintain compliance through biennial filings. Following each requirement precisely ensures your business gains legal protection, stays compliant with state law, and operates smoothly across New York.
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