Starting an LLC in New York means filing Articles of Organization with the New York Department of State ($200 under LLC Law §1101, as of October 2026) and then completing a step few states require: publishing a notice of formation in two newspapers for six weeks and filing a Certificate of Publication ($50) within 120 days.
Publication is usually the biggest cost, because newspaper rates vary widely by county. After that, a New York LLC files a $9 biennial statement every two years New York’s LLC Transparency Act filing applies only to LLCs formed outside the United States, so most new New York LLCs do not file it. Here is the full process.
Updated October 2026.
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Best LLC Formation Services in New York (2026)
Our ranked picks for forming an LLC in New York are below, starting with Mainstay Filing. Each entry lists the yearly price and what the service covers.
| Rank | Provider | Best for | Price | What’s included |
|---|---|---|---|---|
| 1 | Mainstay Filing | Forming an LLC with the agent, EIN and annual report included | $199/year + state fee at cost | LLC formation filing, registered agent for the year, EIN application, annual report preparation and filing |
| 2 | NY Registered Agent.org | New York registered agent service only | $99/year | $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
| 3 | New York Registered Agent.ai | New York registered agent service only | $99/year | in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
1. Mainstay Filing
Mainstay Filing is our top pick in New York. It costs $199/year + state fee at cost and covers lLC formation filing, registered agent for the year, EIN application, annual report preparation and filing. The price stays the same every year, with no add-on menu.
2. NY Registered Agent.org
NY Registered Agent.org is a New York registered agent service at $99/year. It provides $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
3. New York Registered Agent.ai
New York Registered Agent.ai is a New York registered agent service at $99/year. It provides in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
New York LLC at a glance (October 2026)
| Item | New York |
|---|---|
| Filing office | New York Department of State, Division of Corporations |
| Formation document | Articles of Organization |
| Filing fee | $200 (LLC Law §1101) |
| Publication | Notice in 2 county-designated newspapers (1 daily, 1 weekly), once a week for 6 weeks, within 120 days |
| Certificate of Publication | $50 filing fee, plus newspaper charges |
| Biennial statement | $9 every two years, in the month the LLC was formed |
| Name reservation | $20 |
| Agent for service of process | The Secretary of State, by law; a registered agent is optional |
| Beneficial ownership | Only for non-exempt LLCs formed under a foreign country’s law (since Jan 1, 2026) |
Step 1: Choose a New York LLC name
Under LLC Law §204, the name must contain “Limited Liability Company” or the abbreviation “L.L.C.” or “LLC.” New York is strict about other words, too:
- Some words cannot be used at all, including “corporation,” “incorporated,” “partnership” and “chamber of commerce.”
- Financial words such as bank, insurance, loan, mortgage, trust and finance need approval from the Superintendent of Financial Services.
- Education-related words such as school, college, university, academy, institute and library need consent from the Education Department.
- “Exchange” needs Attorney General approval, and “doctor” or “lawyer” are allowed only when clearly unrelated to practicing medicine or law.
Search the Department of State business entity database to make sure the name is available, and reserve it for $20 if you need time. Our New York business name search guide covers the search in detail. Then check domains and social handles with Namechk, try the business name generator for alternatives, and run a USPTO trademark search.
Step 2: Service of process and registered agents in New York
New York works differently from most states. Under LLC Law §301, the Secretary of State is the agent for service of process for every New York LLC, and your articles must designate it. You give the Department of State a post office address where it will forward any lawsuit it receives on your behalf.
Naming a separate registered agent is optional. Many owners still appoint one, because a commercial agent receives papers directly and the forwarding address on file does not have to be your home. If you do designate one, the agent must be a New York resident or have a New York business address, or be a corporation or LLC authorized in New York (LLC Law §302). Designating or changing a registered agent later is done with a certificate of change, which costs $30.
Mainstay Filing includes a New York registered agent for the first year as part of its formation service. If you only want a registered agent, NY Registered Agent.org offers one at a flat $99 per year.
Step 3: File Articles of Organization ($200)
File with the Department of State online or by mail on Form DOS-1336-f; the Department’s LLC formation page links to the form and online filing. The $200 fee is set by LLC Law §1101. The articles include the LLC name, the county in New York where the LLC’s office will be located, the designation of the Secretary of State as agent for process with a forwarding address, and, if you choose, a registered agent.
The county you list matters: it determines which county clerk designates your publication newspapers in the next step. That is why some founders weigh the publication cost in different counties before deciding where the office will be.
For a full breakdown of state, publication and service costs, see the New York LLC cost guide from Mainstay Filing.
Step 4: Meet the New York LLC publication requirement
This is the step that catches people out. Under LLC Law §206, within 120 days after your articles take effect you must:
- Publish a copy of the articles, or a notice of their substance, in two newspapers in the county of the LLC’s office: one weekly and one daily, both designated by that county’s clerk.
- Run the notice once a week for six successive weeks.
- Collect an affidavit of publication from each newspaper.
- File a Certificate of Publication, with the affidavits attached, with the Department of State and pay the $50 filing fee.
The notice must include the LLC’s name, the date the articles were filed, the county of its office, the street address of its principal business location (if any), the Secretary of State’s designation as agent for process and the forwarding address, any registered agent, any specific dissolution date, and the business purpose. Notices in newspapers the county clerk did not designate do not count.
Newspapers set their own rates, so the cost can run from modest in some upstate counties to far higher in New York City counties. Ask the county clerk for the designated papers and get quotes before you file.
If you miss the 120-day deadline, the LLC’s authority to do business in New York is suspended. The suspension does not void its contracts or make members personally liable, and it is lifted once the LLC files a proper Certificate of Publication. A suspended LLC is not authorized to do business in New York, so it is worth finishing on time.
Does the LLC Transparency Act apply to a new New York LLC?
New York’s LLC Transparency Act (LLC Law §§1106-1108) took effect January 1, 2026, but its scope is narrower than many early guides suggested. According to the Department of State’s beneficial owner disclosure guidance, the filing applies to non-exempt LLCs formed under the law of a foreign country that are authorized to do business in New York. Those companies file an initial disclosure (or an attestation of exemption) and then annual statements.
A new LLC formed in New York by U.S. owners is not one of those companies, so it does not file a beneficial ownership disclosure with the Department of State under current guidance. If your company was formed outside the United States and you register it in New York, the DOS FAQ says the disclosure is due within 30 days of filing the application for authority; non-filers can be marked past due, fined by the Attorney General and suspended under §1108.
Step 5: Operating agreement and EIN
New York requires an operating agreement. LLC Law §417 says the members shall adopt a written operating agreement, and it may be entered into before, at the time of, or within 90 days after the articles are filed. You do not file it with the state, but you should have it signed and kept with the company records.
Next, apply for a free EIN on the IRS website, and register with the New York State Department of Taxation and Finance if you will collect sales tax or have employees. If you sell taxable goods or services, you need a Certificate of Authority before you start making sales.
Step 6: File the biennial statement and maintain the LLC
Every two years, a New York LLC files a biennial statement with the Department of State during the calendar month in which its articles were filed, as required by LLC Law §301. The fee is $9. The statement updates the address where the Secretary of State forwards legal process.
New York has no general statewide business license, but many activities require state or local licenses and permits; the state’s licenses directory is a starting point. For a broader setup checklist, see our guide to starting a business in New York.
New York LLC FAQs
How much does it cost to start an LLC in New York?
The New York Department of State charges $200 to file Articles of Organization and $50 to file the Certificate of Publication, as of October 2026. On top of that you pay two newspapers to publish your notice for six weeks, and rates vary widely by county. The biennial statement costs $9 every two years.
What is the New York LLC publication requirement?
Within 120 days of forming, a New York LLC must publish its articles or a notice of their substance in two newspapers designated by the county clerk, one daily and one weekly, once a week for six successive weeks. It then files a Certificate of Publication with the affidavits of publication and pays $50.
What happens if I do not publish my New York LLC?
If proof of publication is not filed within 120 days, the LLC’s authority to do business in New York is suspended. Its contracts remain valid and members are not made personally liable, and the suspension is lifted once a proper Certificate of Publication is filed. Until then, the LLC is not authorized to do business in the state.
Does a New York LLC need a registered agent?
No. New York law makes the Secretary of State the agent for service of process for every New York LLC, and it forwards papers to the address you provide. Appointing a registered agent is optional, though many owners use one so legal papers reach them directly and their home address stays private.
Do New York LLCs have to file under the LLC Transparency Act?
Most do not. The Department of State says that since January 1, 2026, the beneficial ownership disclosure applies to non-exempt LLCs formed under the law of a foreign country and authorized to do business in New York. Those companies file within 30 days of their application for authority and then annually. A New York LLC formed by U.S. owners does not file it.
Is an operating agreement required in New York?
Yes. Under New York LLC Law §417, the members must adopt a written operating agreement, which may be signed before, at the time of, or within 90 days after filing the Articles of Organization. You do not file it with the state, but you must have one, and banks commonly ask to see it.
When is the New York biennial statement due?
A New York LLC files its biennial statement every two years during the calendar month in which its Articles of Organization were filed. The fee is $9. The statement keeps the Department of State’s forwarding address for legal process up to date.
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