How to Form an LLC in New York (2026)
Everything you need to start a New York LLC — from choosing a name to staying compliant after formation.
Step-by-Step: Forming a New York LLC
Choose a name for your LLC
Your LLC name must be unique in New York and must include "Limited Liability Company," "LLC," or "L.L.C." Search the New York Secretary of State's business name database before filing to confirm availability. You can typically reserve a name for 30–120 days for a small fee.
Appoint a registered agent
Every New York LLC must have a registered agent — a person or company with a physical New York address available during business hours to receive legal notices and state correspondence. You can serve as your own registered agent, or hire a registered agent service ($50–$150/year) for privacy and reliability.
File your Articles of Organization
Submit your Articles of Organization to the New York Secretary of State along with the $200 filing fee. Standard processing takes approximately 7 business days. Expedited processing is available: 1.
Publication requirement: New York requires LLCs to publish a notice in two newspapers for 6 weeks. Costs range from $50 upstate to $1,200+ in NYC counties.
Create an Operating Agreement
An Operating Agreement governs how your LLC is managed, how profits are split, and what happens if a member leaves. New York may not require one, but having one is strongly recommended — it protects your limited liability status and prevents disputes.
Get an EIN from the IRS
Apply for a free Employer Identification Number (EIN) at irs.gov/ein. You'll need it to open a business bank account, hire employees, and file taxes. The application takes about 10 minutes and your EIN is issued immediately online.
Open a business bank account
Keep business finances strictly separate from personal accounts. Commingling funds is one of the most common reasons courts "pierce the corporate veil" and hold LLC members personally liable. Bring your EIN, Articles of Organization, and Operating Agreement to the bank.
Get business licenses and permits
Depending on your industry and location, you may need federal, state, or local business licenses. Check with your city and county clerk's office and the New York state licensing portal for requirements specific to your business type.
Stay compliant after formation
File your annual report and pay the $9 annual fee any state and local tax filings. New York also charges an annual franchise tax of $25.
New York's publication requirement forces new LLCs to publish in two newspapers for 6 weeks — costing $1,000–$2,000 in NYC, or $40–$150 upstate.
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Start My LLC →New York LLC — Cost Summary
| Filing fee | $200 |
| Document name | Articles of Organization |
| Annual report fee | $9 |
| Publication cost | $200 |
| Franchise tax | $25/year |
| Standard processing | 7 business days |
| Expedited processing | 1 |
| Est. year-1 total | $425+ |
Source: New York Secretary of State ↗