New York LLC Formation Guide
Everything you need to know about forming your LLC in New York, including requirements, costs, timeline, and benefits.
Quick Facts: New York LLC
$200
State Filing Fee
7-10 business days
Processing Time
$9
Annual Fee
Required
Publication Requirement
Table of Contents
Step-by-Step Formation Process
Step 1: Choose Your LLC Name
Your New York LLC name must:
- Include "Limited Liability Company," "LLC," or "L.L.C."
- Be distinguishable from existing business names
- Not include restricted words without proper licensing
- Pass the NY Department of State name availability check
Step 2: File Articles of Organization
Submit your Articles of Organization to the NY Department of State including:
- LLC name and principal business location
- Registered agent information
- Management structure (member-managed or manager-managed)
- Purpose of the LLC
Step 3: Publication Requirement
Unique to New York: Publish a notice of formation in two newspapers for 6 consecutive weeks:
- One daily newspaper
- One weekly newspaper
- Both designated by the county clerk
- Cost typically ranges from $1,000-$1,500
Step 4: File Certificate of Publication
After publication, file the Certificate of Publication with:
- Affidavits from both newspapers
- Copy of the published notice
- Additional $50 filing fee
Step 5: Create Operating Agreement
While not required by law, an operating agreement should include:
- Ownership percentages
- Management structure and responsibilities
- Profit and loss distribution
- Buy-sell provisions
New York-Specific Requirements
Registered Agent
Every NY LLC must have a registered agent who:
- Has a NY address (not a P.O. Box)
- Is available during business hours
- Can receive legal documents
Annual Reports
New York LLCs must file:
- Biennial Statement every 2 years
- Fee: $9 for online filing
- Due by the end of the formation month
Benefits of Forming an LLC in New York
Business Benefits
- ✅ Limited liability protection
- ✅ Tax flexibility
- ✅ Professional credibility
- ✅ Easy management structure
- ✅ Access to business banking
New York Advantages
- ✅ Strong legal framework
- ✅ Business-friendly courts
- ✅ Access to NYC markets
- ✅ No franchise tax
- ✅ Privacy protection options
Formation Timeline
1
Day 1-3: File Articles of Organization ($200 + expedite fees if needed)
2
Week 1-6: Publish notice in newspapers (6 consecutive weeks)
3
Week 7: File Certificate of Publication ($50 fee)
4
Week 8: Obtain EIN and complete setup
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New York vs Other Popular States
| State | Filing Fee | Annual Fee | Publication Req. | Processing Time |
|---|---|---|---|---|
| New York | $200 | $9 | Yes ($1,000+) | 7-10 days |
| Delaware | $90 | $300 | No | 5-10 days |
| Florida | $125 | $138.75 | No | 3-5 days |
| Texas | $300 | $0 | No | 5-7 days |