How to Start an LLC in New York (2026): Fees
To start an LLC in New York, you file Articles of Organization (form DOS-1336-f) with the New York Department of State, Division of Corporations. The filing fee is $200, and you can file online. New York then adds a step most states do not have: within 120 days you must publish a notice of formation in two newspapers and file a Certificate of Publication, which costs $50 plus the newspapers' charges. After that, the LLC files a $9 Biennial Statement every two years. This guide covers each step with links to the official sources.
Check that your LLC name is available
- Designator. The notes on the Articles of Organization form say the Limited Liability Company Law requires the name to end with "Limited Liability Company", "LLC" or "L.L.C.", and the name must be stated the same way throughout the document.
- Distinguishable. The Department's corporations FAQ explains that a name that is not distinguishable from corporate, limited partnership and LLC names already on file cannot be accepted.
- Name availability inquiry. According to the FAQ, the online database is meant for status inquiries and cannot tell you whether a name is available. The Division of Corporations searches for availability on a written request, for $5 per name submitted; requests cannot be handled by telephone. Even a finding that a name is available is not an approval.
- Search first. You can still use the free public inquiry database to spot obvious conflicts. Our New York business search guide explains how to read a record.
A name the state accepts is also not a trademark clearance. For more, see how to check LLC name availability.
Service of process and registered agents
New York works differently from most states here. In Article THIRD of the Articles of Organization, the Secretary of State is designated as the LLC's agent for service of process. You give a post office address to which the Secretary of State will mail a copy of any process served on it, and you may add an email address for notices of electronic service.
The FAQ confirms that the Secretary of State acts as the statutory agent for service of process, and that a record shows a registered agent only "if one has been designated". In other words, a separate registered agent is optional in New York. Some owners use a commercial agent's address as the mailing address so that legal papers reach a service that will forward them, and so their own address stays off the record. For background, see what a registered agent does.
File the Articles of Organization (DOS-1336-f)
The Department's Articles of Organization page sets the filing fee at $200. The state's form asks for:
- the LLC's name with its designator;
- the county in New York where the LLC's office will be located (this county also decides where you publish);
- the post office address for the Secretary of State to mail process to, and optionally an email address; and
- the organizer's signature. The filer cannot be the LLC being formed.
The form notes that you do not have to use it; you may draft your own articles, and the Department recommends preparing legal documents under the guidance of an attorney.
Filing method. Online filing is available through the Department's online filing system. The Department says that within minutes of filing online you receive an email acknowledgement with your filing receipt attached as a PDF. Paper filings go to the Division of Corporations in Albany.
Faster processing. The Articles of Organization page lists optional expedited handling at $25 per document for processing within 24 hours, $75 for the same day, and $150 for processing within two hours.
After filing: publication and the Biennial Statement
The publication requirement
Section 206 of the Limited Liability Company Law requires most new LLCs to publish a copy of the Articles of Organization, or a notice about the formation, according to the Department's Articles of Organization page and FAQ:
- Publication runs once a week for six consecutive weeks in two newspapers.
- The two newspapers are designated by the county clerk of the county where the LLC's office is located, the county named in your articles.
- The published notice must match the Department of State's records exactly. The newspapers charge their own fees, which the state does not set.
- Each newspaper's printer or publisher provides an affidavit of publication. You then file a Certificate of Publication, with the affidavits attached, and a $50 filing fee.
- If the LLC does not publish and file the Certificate of Publication within 120 days of formation, its authority to carry on, conduct or transact business is suspended.
The Department's page also mentions an exemption under Section 23.03 of the Arts and Cultural Affairs Law. Ask the county clerk which newspapers are designated and get their prices before you budget.
Biennial Statement
A domestic LLC files a Biennial Statement two years after its Articles of Organization were filed and every two years after that. The filing period is the calendar month in which the articles were originally filed, and the fee is $9. Online filing is available, and the Department sends due-date reminders to entities that register an email address with its reminder service.
Other first steps
- EIN. The IRS issues Employer Identification Numbers free of charge. See what an EIN is.
- Operating agreement. The Department of State does not keep an LLC's member or manager records; the FAQ says the LLC maintains them itself. The operating agreement is not part of the Articles of Organization. Many owners put it in writing.
- Licenses and permits. The state's New York Business Express site offers a custom business checklist of state licenses, permits and registrations based on your business.
New York LLC state fees at a glance
| Item | State fee | Source |
|---|---|---|
| Articles of Organization (DOS-1336-f) | $200 | NY Department of State |
| Certificate of Publication, within 120 days | $50, plus newspaper charges not set by the state | NY Department of State |
| Biennial Statement, every two years | $9 | NY Department of State |
| Name availability inquiry | $5 per name (optional) | NY Department of State FAQ |
| Expedited handling | $25 for 24 hours, $75 same day, $150 two hours (optional) | NY Department of State |
| EIN | Free | IRS |
The state fees to form a New York LLC and complete publication are $250: $200 for the articles and $50 for the Certificate of Publication. The newspapers' charges come on top and depend on the county.
Do it yourself or use a formation service
Filing the Articles of Organization yourself is straightforward, and the state fees above are all you pay the state. The step that needs care is publication: finding the designated newspapers, getting the notice to match the state's records exactly, collecting the affidavits and filing the Certificate of Publication within 120 days.
A formation service can file the articles for you, and some also coordinate publication or provide an address for service of process. It charges its own fees on top of the state's and does not remove the newspapers' charges, so ask exactly what is included. Either way, note the 120-day publication deadline and the month your Biennial Statement will be due.
This guide is general information, not legal or tax advice. Rules differ by state and change over time; check the official state or IRS source, and talk to an attorney or accountant about your situation.