To start an LLC in New York, you file the Articles of Organization with the New York Department of State and pay $200. With the Certificate of Publication, the state fees to start come to $250, plus the newspapers' publication charges. After that, budget $9 every two years in state fees.
File with the New York Department of State
What is different in New York
New York's publication rule is what makes it expensive: the newspaper charges usually cost more than the filing itself, especially in New York County. The name must include "Limited Liability Company", "LLC" or "L.L.C.", and a name availability inquiry is not an approval: the final decision comes when the articles are filed.
The steps
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Check that the name is free
Start from our New York business lookup or go straight to the official New York search. Submit a name availability inquiry to the Department of State. The public entity database is meant for status checks and should not be read as proof that a name is or is not available; the final decision comes when the formation document is filed.
The name must also say that it is an LLC, with words such as "Limited Liability Company" or "LLC". Our name availability guide covers what makes two names too close.
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Reserve the name, if you want to hold it
Optional. If you are not ready to file, a reservation costs $20 and holds the name for 60 days. Source, checked 2026-10-26
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Appoint an agent for service of process
New York is different: the articles must designate the Secretary of State as the LLC's agent for service of process, with an address where the state forwards any legal papers. A separate registered agent is optional. Source, checked 2026-10-26
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File the Articles of Organization
File the Articles of Organization with the New York Department of State. The state fee is $200. Source, checked 2026-10-26
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Get an EIN from the IRS, free
With the approval in hand, get the LLC's federal tax number, the EIN, from the IRS online application. It costs nothing and gives the number at once. Banks ask for it before they open a business account.
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Write an operating agreement
New York requires the members to adopt a written operating agreement, before, at or within 90 days after filing the articles (LLC Law section 417). It is an internal document and is not filed with the Department of State. Source, checked 2026-10-26
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Publish in two newspapers and file the Certificate of Publication
Most new New York LLCs must publish their articles or a notice of formation in two newspapers, chosen by the county clerk of the county where the LLC's office is, once a week for six consecutive weeks. The newspapers charge for this, and the cost varies widely by county. Then file a Certificate of Publication with the affidavits ($50) within 120 days of formation, or the LLC's authority to do business is suspended. Source, checked 2026-10-26
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Keep it in good standing
Biennial Statement: $9, every two years, due during the calendar month in which the original formation document was filed. Source, checked 2026-10-26
File an update whenever the agent for service of process or the LLC's address changes, so the state's notices reach you.
What a New York LLC costs
- Biennial Statement: $9 every two years Source, checked 2026-10-26
Only state fees are counted here, not a registered agent service or a city or county license.
After filing, the LLC shows up in the New York business lookup with its status and agent. The bank account and local licenses come next; how to start an LLC covers them.
General information, not legal or tax advice. Facts checked 2026-10-26 against the official sources linked above; confirm with the state or the IRS before you file. How we check our facts · Report an error