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Midnightfounder
Start your LLC

About

It shouldn't take six weeks and $400
to do 20 minutes of work.

That's what filing an LLC the first time costs most people. The Midnight Founder exists because someone tried it the wrong way once, learned what every dollar and every week was actually paying for, and refused to do it twice.

Why this exists

Doing it the wrong way teaches you everything.

Six weeks. $400. Four ongoing subscriptions. That was the bill for forming the first LLC, paid to one of the big-name services everyone has heard of.

About $200 of the $400 went to the state, where it had to go. The other $200 paid for a service fee, an “operating agreement template,” a registered-agent subscription, and a “compliance reminders” bundle. The registered-agent subscription auto-renewed for two years before anyone caught it. The compliance reminders were for things the state already sends in the mail.

The forms had taken about 20 minutes to fill out. The state processed them in three days. Everything else — every dollar over $200, every week past three days, every email after — was friction the formation service had added, sold back, and renewed against the customer's will.

That isn't a bad customer experience. It's the business model.

The next six months of inbox were the proof. Vague subject lines about “compliance year-end” and “renewals due now.” Bundles for services the IRS provides free. Threats dressed as helpful nudges. Six months of being marketed at by the company that had just charged $400 to type a name into a form.

The Midnight Founder is the version we wished existed back then. Same filing. Same official state portal. Same three-day approval. None of the friction in between, and none of the friction after. Your $200 goes where it's supposed to go. We make nothing on the filing itself. We make nothing on the subscriptions we won't sell you. And if something breaks, you can email us and a person will read it.

You should be able to start a business tonight. So we built the thing that lets you.

Lines in the sand

Four things we won't do, no matter what.

Constraints, not aspirations. The day any of these moves is the day this company stops being worth using.

We won't charge a service fee.

Not now. Not when we have leverage. Not when investors push us. The state's $200 filing fee passes through us at cost. We make $0 on the filing itself. The day this changes is the day we owe every founder we filed for an honest explanation.

We won't sell registered-agent subscriptions.

Most NY founders don't need one — you can be your own registered agent if you have a NY address. We'll tell you when you actually need one (Delaware filers without DE residency, founders who don't want their home address public) and point you at Northwest. We earn $0 on the referral.

We won't sell your data.

Collected only to file your business. Never sold, never traded with data brokers, never shared with advertisers. The full list of sub-processors we use to run the platform is in the privacy policy. If that ever changes, we'll email you first.

We won't replace humans with bots.

Email gets answered by a person, usually same day. Not a tier-1 ticket queue. Not a chatbot pretending to be human. The same hands that build this product reply to your email. We'll add help docs as we grow, but the person stays.

The guide we wish existed

How to start an LLC in New York,
step by step.

The 7 steps, what it costs, the timeline, and the surprises (yes, the newspaper thing is real). Updated for 2026.

Compare your options

Three ways to form a New York LLC.

The state fee is $200 no matter who files. The difference is what (and how much) gets layered on top.

Direct at NY DOS

Do it yourself

$200

state filing fee

  • $0 service fee (NY DOS is free to use)
  • You navigate NY Business Express alone
  • No guidance on the publication requirement
  • No EIN walkthrough
  • No reminders for biennial or annual filings
Visit NY Business Express

Recommended

Midnight Founder

$200

state filing fee · $0 to us

  • We file your Articles of Organization with NY DOS
  • Guided EIN walkthrough on the IRS portal
  • Operating Agreement builder with NY-specific clauses
  • Publication deadline tracked from day one
  • Biennial statement + annual filing fee reminders
  • Email support from a real person
Get started

NYC small business lawyer

Hire an attorney

$1,500+

typical flat fee · $400/hr after

  • Tailored legal advice for your situation
  • Custom Operating Agreement clauses
  • Weeks to schedule, weeks to file
  • Hourly billing for follow-up questions
  • Overkill for most single-member LLCs
Find a NY attorney

Forming an LLC in New York is one of those projects that sounds harder than it is — and easier than the people selling LLC services want you to think. The state fee is $200. The Articles of Organization are a one-page form. You can be filed by 11pm if you’ve got an hour and a credit card.

What trips most people up isn’t the filing — it’s NY’s newspaper publication requirement, the EIN portal hours, and the annual fees nobody mentions until they’re overdue. This guide walks through all of it. No jargon, no upsells.

Not legal advice. For your situation, talk to a licensed attorney or accountant in New York.

Why form an LLC in New York

An LLC is a legal entity separate from you. Maintained properly, it generally shields your personal assets — home, savings, car — from business debts and lawsuits. It’s the standard structure for freelancers, agencies, e-commerce shops, and most small businesses.

You don’t pay yourself a salary — you take draws. A single-member LLC is taxed as a “disregarded entity” by default, which means business income flows to your personal tax return. No separate corporate return. No double taxation.

New York is friendlier than its reputation. The state fee is $200 — middle of the pack. Online filings are approved fast. The annoying part is the publication requirement (more on that in Step 6) but it’s a one-time cost.

The 7 steps to form your NY LLC

Most of these you can do in one evening. The publication requirement runs in the background — your business is operational the moment Articles are approved.

  1. 01

    Pick a business name

    Your name must include “LLC,” “L.L.C.,” or “Limited Liability Company” at the end. Some words are restricted (bank, attorney, insurance, university) and require additional approvals.

    Search the NY Department of State business name database to confirm your name is available. The exact phrase has to be distinguishable from any existing business.

    Optional: you can reserve a name for 60 days for $20 if you’re not ready to file yet.

    Search NY DOS database
  2. 02

    File your Articles of Organization

    This is the document that officially creates your LLC. You file it with the New York Department of State through NY Business Express.

    State fee: $200. Online filings are typically approved in minutes to 24 hours. Paper filings can take weeks.

    Required information: the LLC name, the county where the office will be located, and the registered agent (default: NY Department of State).

    File at NY Business Express
  3. 03

    Appoint a registered agent

    Every NY LLC must have a registered agent — the person or entity that receives legal mail on behalf of the business.

    By default, the NY Department of State acts as your agent when you file online. They forward any legal mail to the address you provide. This is free and fine for most founders.

    If you want privacy from public records or you don’t live in NY, you can hire a commercial agent ($50–$300/year).

  4. 04

    Draft an Operating Agreement

    NY law (§ 417) requires every LLC to adopt a written Operating Agreement within 90 days of formation. You don’t file it with the state — you keep it with your business records.

    Single-member and multi-member templates exist. At minimum it should cover: who the members are, what each contributed, how profits are split, how decisions get made, and what happens if the business dissolves.

    You can write it yourself, use a builder, or hire a lawyer. The state doesn’t check it, but it’s the document a court will look at if there’s ever a dispute.

    Use our Operating Agreement builder
  5. 05

    Get your EIN from the IRS

    An EIN (Employer Identification Number) is your federal tax ID. It’s free, takes about 10 minutes, and gets issued instantly when you apply online with the IRS.

    Heads up: the IRS EIN system is only open weekdays, roughly 7am–10pm ET. If you’re filing at 1am, queue the application — you can’t complete it until morning.

    You need an EIN before you can open a business bank account, hire anyone, or file business taxes.

    Apply on irs.gov
  6. 06

    Publish in two newspapers (NY-specific)

    This is the part nobody warns you about. NY § 206 requires every new LLC to publish a formation notice in two newspapers — one daily, one weekly — in the county where the office is located, for six consecutive weeks.

    Cost ranges from $300 in upstate counties to $1,500+ in Manhattan. The county clerk’s office designates which papers you can use.

    After the six weeks, you file a Certificate of Publication with NY DOS ($50). Miss the 120-day deadline and your business authority to conduct business in NY is suspended until you complete it.

    Read our NY publication guide
  7. 07

    Stay compliant

    After you file, the deadlines start. A Biennial Statement of Information is due every two years ($9). Most LLCs also owe the annual NY LLC filing fee (IT-204-LL), which ranges from $25 to $4,500 based on gross income.

    If you sell tangible products, register for a Sales Tax Certificate of Authority. If you hire employees, register with NY State Department of Labor and post the required workplace posters.

    Set calendar reminders — or let us track it for you. Missing a deadline can dissolve the business or rack up penalties.

    Track deadlines automatically

Not legal advice. For your situation, talk to a licensed attorney or accountant in New York.

Filing tonight in New York

Skip the seven tabs. We walk you through every step. $0 to us.

You pay the $200 NY state fee. We handle the form, the filing, the EIN walkthrough, the publication tracking, and the deadlines after.

Start your LLC

What it actually costs

A by-the-line breakdown. The $200 state fee is the only universal cost; the rest depends on your county and how the business runs.

ItemCost
Articles of Organization$200
Name reservation (optional)$20
Certificate of Publication$50
Two newspapers (6 weeks)$300–$1,500
Biennial Statement$9
Annual filing fee (IT-204-LL)$25–$4,500
Registered agent service$50–$300/yr
EIN$0

Rough total to file and stay compliant year one: $550–$1,800 depending on county for publication.

Tax considerations

Default taxation. A single-member LLC is taxed as a disregarded entity (Schedule C on your 1040). A multi-member LLC is taxed as a partnership (Form 1065). Either way, no separate corporate income tax.

S-Corp election. Once profits clear roughly $40k–$50k, electing S-Corp status can save money on self-employment tax. You file Form 2553 with the IRS. We don’t advise on this — talk to an accountant.

NY annual filing fee (IT-204-LL). This is the one nobody mentions. It’s an annual fee based on NY-source gross income, ranging from $25 (under $100k) to $4,500 (over $25M). Due March 15.

Sales tax. Selling tangible products to NY customers? You need a Certificate of Authority from NY Tax. Free. Filings are quarterly or annual depending on volume.

Not legal advice. For your situation, talk to a licensed attorney or accountant in New York.

Licenses & permits

NY doesn’t have a general business license. Specific industries do. The most common ones:

  • Sales Tax Certificate of Authority

    If you sell tangible products. Free, NY Tax.

  • NYC Business License

    If your business operates in any of the five boroughs. Industry-specific.

  • Professional licenses

    Lawyers, accountants, cosmetologists, contractors, real estate agents.

  • Health Department permits

    Food service, child care, home health, day care.

  • Liquor License

    If you’re selling alcohol. NY SLA. Months-long process.

  • Employer registration

    If you hire anyone. NY Dept of Labor + workers’ comp.

Not legal advice. For your situation, talk to a licensed attorney or accountant in New York.

After you file

Filing is the easy part. Here’s what comes next, in order:

  1. 01

    Apply for your EIN

    10 minutes on the IRS portal. Free. Needed for everything below.

  2. 02

    Open a business bank account

    Mercury, Relay, Bluevine, or a local NY bank. Keep your money separate from day one.

  3. 03

    Start publication

    Contact your county clerk for the two designated newspapers. Start the six-week clock. Deadline: 120 days from formation.

  4. 04

    Register for sales tax

    If you’ll sell tangible products. Free Certificate of Authority from NY Tax.

  5. 05

    Set calendar reminders

    Biennial (every 2 years), IT-204-LL (March 15 annually), sales tax (quarterly), publication Certificate (after week 6).

Frequently asked

How long does it actually take to form an LLC in New York?
The filing itself is fast: online submissions to NY DOS are typically approved within minutes to 24 hours. Your EIN gets issued instantly during IRS business hours. The slow part is the publication requirement — six consecutive weeks of newspaper notices — but that runs in the background while you’re open for business.
Do I really need to publish in two newspapers?
Yes, every NY LLC has to. § 206 of the LLC Law requires publication in one daily and one weekly newspaper in the county where your office is located, for six consecutive weeks. After that, you file a Certificate of Publication with NY DOS. Skipping it doesn’t make your LLC disappear — but your authority to do business in NY gets suspended after 120 days.
Can I be my own registered agent in New York?
Yes, if you have a physical address in NY (not a P.O. box) and you’re available during business hours to receive legal mail. The most common setup, though, is to let the NY Department of State act as your agent by default — it’s free, automatic when you file online, and they forward any service of process to the address on file.
What’s the cheapest way to form an LLC in New York?
File the Articles of Organization yourself at NY Business Express ($200 state fee), let NY DOS be your default registered agent (free), publish in the cheapest county-approved newspapers you can find ($300+ in upstate counties), get your EIN free from the IRS, and write your own Operating Agreement using a template. Total minimum cost: around $550–$650 if you’re strategic about the newspapers.
What happens if I miss the publication deadline?
If you don’t publish within 120 days of forming, NY DOS will suspend your authority to do business in the state. The LLC still legally exists, but you can’t bring lawsuits in NY courts, and you may have trouble opening bank accounts or signing contracts. You can cure it later — just publish, file the Certificate, and the suspension lifts.
Do I need an Operating Agreement for a single-member LLC?
NY law says yes — § 417 requires every LLC to adopt a written Operating Agreement within 90 days, regardless of how many members. Realistically, the state doesn’t check. But banks ask for it when you open business accounts, and if there’s ever a dispute or you get sued, the agreement is what a court uses to understand how the business is structured.

Talk to us

Email gets answered by a person.

Press inquiries, partnership questions, or just want to say hi? Reach out. Same hands that build this product reply to the email. Usually same day.

info@themidnightfounder.comForm your LLC tonight