New York LLC Requirements

Updated for 2026 · Official Secretary of State Website

New York has a notoriously expensive publication requirement that can cost $200-$1,600+ depending on your county, on top of a $200 filing fee. This makes it one of the most expensive states for LLC formation despite a low $9 biennial statement fee. The publication requirement mandates notices in two newspapers for six consecutive weeks. New York's massive economy and access to global markets still drive enormous LLC formation volume.

Filing Fee

$200

One-time state fee

Annual Fee

Per year

Processing

Immediate (biennial statement); 3-7 business days (formation)

Online filing

Deadline

Anniversary month (biennial)

Annual report due

Publication Requirement

Must publish notice of formation in 2 newspapers (1 daily, 1 weekly) for 6 consecutive weeks within 120 days of formation. Then file Certificate of Publication ($50). Newspaper costs vary widely by county: $200-$400 upstate, $1,000-$1,600+ in NYC.

Above Average Cost

While the $200 filing fee and $9 biennial statement seem reasonable, the mandatory publication requirement ($200-$1,600+) makes New York one of the most expensive states for initial LLC formation.

Notable Facts About New York LLCs

New York's publication requirement costs $200-$400 upstate but $1,000-$1,600+ in New York City
LLCs must publish in two newspapers (one daily, one weekly) for 6 consecutive weeks
The $9 biennial statement is the cheapest recurring fee of any state that requires reports
New York City LLCs may also owe the NYC Unincorporated Business Tax of 4%

Tax Information for New York LLCs

New York has a progressive individual income tax with rates from 4% to 10.9%. New York City adds 3.078%-3.876% in city income tax. LLCs taxed as pass-through entities pay at individual rates. NYC also imposes the Unincorporated Business Tax (UBT) of 4% on LLC income over $100,000. There is no separate state franchise tax for standard LLCs.

Formation Steps

1

Choose a Name for Your LLC
Select a unique business name that complies with New York naming requirements. The name must include "LLC" or "Limited Liability Company" and cannot be the same as an existing registered business in New York.
2

Appoint a Registered Agent
Designate a registered agent with a physical address in New York who can receive legal documents and official correspondence on behalf of your LLC.
3

File Articles of Organization
Submit your Articles of Organization (also called a Certificate of Formation in some states) to the New York Secretary of State. This is the official document that creates your LLC.
4

Publish Notice of Formation
New York requires you to publish a notice of your LLC's formation in approved local newspapers. Check your state's specific publication requirements for deadlines and approved publications.
5

Create an Operating Agreement
Draft an operating agreement that outlines ownership percentages, member roles, profit distribution, and management structure of your LLC. While not always legally required, it is strongly recommended.
6

Get an EIN from the IRS
Apply for a free Employer Identification Number (EIN) from the IRS. You'll need this for opening a business bank account, hiring employees, and filing taxes.
7

Open a Business Bank Account
Open a dedicated business bank account to keep your personal and business finances separate. This helps maintain your LLC's liability protection.
8

File Annual Reports
New York requires periodic reports due by Anniversary month (biennial). The filing fee is $9. Mark your calendar to avoid late fees or administrative dissolution.

Visit Official SOS Website

Annual Report Details

Fee: $9

Deadline: Anniversary month (biennial)

Biennial Statement due every 2 years during the anniversary month of formation.

Called 'Biennial Statement'. Filed every 2 years for $9. Separate publication requirement adds significant cost ($200-$1,500+).

Need a Registered Agent in New York?

Every New York LLC must have a registered agent with a physical address in the state. A registered agent service ensures you never miss important legal documents or compliance deadlines.

Compare Registered Agent Services

Frequently Asked Questions

How much does it cost to form an LLC in New York?

The state filing fee to form an LLC in New York is $200 for the Articles of Organization. This cost is above average compared to other states. Additional costs may include a registered agent service ($50-$300/year) and an operating agreement if you hire an attorney.

What is the annual cost of an LLC in New York?

New York charges $9 for its periodic reporting requirement, due Anniversary month (biennial). Called 'Biennial Statement'. Filed every 2 years for $9. Separate publication requirement adds significant cost ($200-$1,500+). While the $200 filing fee and $9 biennial statement seem reasonable, the mandatory publication requirement ($200-$1,600+) makes New York one of the most expensive states for initial LLC formation.

How long does it take to form an LLC in New York?

Online filing in New York typically takes Immediate (biennial statement); 3-7 business days (formation). You'll need to file Articles of Organization with the state. Processing times may vary based on filing volume and the time of year.

Do I need a registered agent in New York?

Yes, New York requires every LLC to have a registered agent with a physical street address in the state. The registered agent receives legal documents, tax notices, and official government correspondence on behalf of your LLC.

What taxes does a New York LLC pay?

Does New York require an operating agreement for LLCs?

While not all states legally require an operating agreement, it is strongly recommended for every LLC in New York. An operating agreement defines ownership structure, member roles, and how the business will be managed. Without one, your LLC will be governed by New York's default LLC laws.

What is the publication requirement for a New York LLC?