A complete guide to forming an LLC in New York — what it costs, how long it takes, and every step from filing Articles of Organization to the publication requirement.
New York is home to more than 2.3 million small businesses. If you're operating here — or planning to — forming a New York LLC gives you legal protection, credibility with clients and banks, and the ability to separate your personal finances from your business.
This guide walks through every step of forming an LLC in New York in 2026, including the costs, timelines, and the one requirement that catches most first-time founders off guard.
An LLC (Limited Liability Company) creates a legal wall between you and your business. If your LLC is sued, your personal savings, home, and car are protected. That protection doesn't exist if you're operating as a sole proprietor.
Beyond protection, an LLC lets you open a business bank account under your company name, apply for business credit, and present a more professional face to clients and partners.
Your LLC name must be distinguishable from every other business registered in New York. Search the New York Department of State's business entity database before you file to confirm availability.
Certain words require additional approval or are restricted entirely — words like "Bank," "Insurance," "Attorney," and "University" require either a specific license or consent from a state agency.
Every New York LLC must have a registered agent — a person or entity designated to receive official legal mail, lawsuits, and government correspondence on your behalf.
Your registered agent must have a physical New York street address (not a P.O. box). You can serve as your own registered agent if you have a New York address. If you work remotely or don't want your home address on public record, a registered agent service is worth the cost.
The Articles of Organization is the document that officially creates your LLC. You file it with the New York Department of State, either online through NY Business Express or by mail.
The state filing fee is $200. Online filings are typically approved within minutes to 24 hours. Paper filings can take 4–6 weeks.
An Employer Identification Number (EIN) is your LLC's federal tax ID, issued free by the IRS. You need it to open a business bank account, hire employees, apply for business credit, and file taxes.
Apply at IRS.gov. The online application takes about 10 minutes and your EIN is issued immediately on screen. There is no fee.
New York is one of only two states with a publication requirement for LLCs. Within 120 days of your Articles of Organization being approved, you must publish a notice of LLC formation in two newspapers in your county — one daily, one weekly — for six consecutive weeks.
After publication, you file an Affidavit of Publication with the Department of State (fee: $50). Failure to comply within 120 days results in the suspension of your LLC's authority to do business in New York.
New York law requires all LLCs to have an operating agreement, though you don't file it with the state. This document defines ownership percentages, how profits and losses are distributed, how decisions are made, and what happens if a member leaves.
For a single-member LLC, the operating agreement is still important — it reinforces the separation between you and your business, which matters if your liability protection is ever challenged.
| Item | Cost |
|---|---|
| Articles of Organization (state fee) | $200 |
| Newspaper publication (varies by county) | $100 – $1,500 |
| Affidavit of Publication filing fee | $50 |
| Biennial Statement (due every 2 years) | $9 |
| Registered agent service (optional) | $50 – $300/year |
Online filings through NY Business Express are typically approved within minutes to 24 hours. Once approved, you have 120 days to complete the publication requirement.
The Midnight Founder walks you through every step — from naming your business to filing your Articles of Organization and getting your EIN. We file for you, or guide you through the DIY process.
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