FormByStateState guide
How to form an LLC in New York
Forming an LLC in New York costs $200 in state filing fees to start, before any service or agent charges. This page lists the filing steps, the full state fee table, the registered agent rule, and the report rule that keeps the company in good standing.
Run the New York numbers in the calculator
The steps
Step 1: Choose a name
Pick a company name and confirm it is available in New York. The name search sits with New York Department of State, Division of Corporations, State Records and Uniform Commercial Code. Keep the name distinct from companies already on the state register.
Step 2: Appoint a registered agent
The Secretary of State is designated as agent for service of process by statute. The LLC may also designate its own registered agent in New York.. Decide now whether that will be you or a commercial service, because the filing asks for the agent name and address.
Step 3: File the Articles of Organization (Form DOS-1336)
File with New York Department of State, Division of Corporations, State Records and Uniform Commercial Code and pay the state formation fee of $200. This filing is what creates the LLC.
Step 4: Complete publication
Within 120 days after formation, publish a copy of the Articles of Organization or a notice in two newspapers for six consecutive weeks, designated by the county clerk of the county where the LLC office is located, then file a Certificate of Publication for $50. Newspaper costs vary widely by county, from a few hundred dollars upstate to over $1,000 in New York City counties. Failure to publish suspends authority to carry on business.
Step 5: Write an operating agreement
An operating agreement records who owns the company, who runs it, and what happens if an owner leaves. It is an internal document in most states, but banks and partners ask for it.
Step 6: Get a tax ID number and set your calendar
Apply to the Internal Revenue Service for an employer identification number at no charge, open a company bank account, and record the Biennial Statement deadline from this page so the first report is never a surprise.
Every state fee
| Charge | Amount |
|---|---|
| Formation fee, Articles of Organization (Form DOS-1336) | $200 |
| Biennial Statement, every two years | $9 |
| Annual state fee | None in our data, $0 |
| Paid to the state, year one | $200 |
| Paid to the state, every year after | $4 |
Registered agent rules in New York
Who may serve: The Secretary of State is designated as agent for service of process by statute. The LLC may also designate its own registered agent in New York..
A physical street address in the state is required.
A post office box alone is not enough. An address in New York to which the Secretary of State shall forward process must be maintained on the Biennial Statement.
Not sure which route fits you? Run the registered agent checker for New York.
Publication is required in New York
Within 120 days after formation, publish a copy of the Articles of Organization or a notice in two newspapers for six consecutive weeks, designated by the county clerk of the county where the LLC office is located, then file a Certificate of Publication for $50. Newspaper costs vary widely by county, from a few hundred dollars upstate to over $1,000 in New York City counties. Failure to publish suspends authority to carry on business.
Reports and deadlines
Report: Biennial Statement. Fee: $9 each filing, every two years.
Rule: Due every two years during the calendar month in which the original Articles of Organization were filed.. Exact dates depend on your formation date. The compliance calendar for New York turns the rule into dates from your formation date.
Late fee in our data: No dollar late fee stated by the Department of State. The LLC is recorded as past due if the Biennial Statement is not filed..
What you pay the state every year after
On the do it yourself route you pay the state $4 every year after year one in New York, counting the report fee spread across its filing cycle and any annual state fee. The formation fee itself is paid once, in year one. A formation service and a commercial agent add their own charges on top of that floor. The cost calculator preset for New York adds each service route to the same state fees so you can compare totals fairly.
Frequently asked questions
How much does it cost to form an LLC in New York?
The state filing fee in New York is $200 for the Articles of Organization (Form DOS-1336). What you pay the state in year one comes to $200 in our data, counting any report fee due in year one and any annual state fee. A formation service and a commercial agent add their own charges on top.
How much does an LLC in New York cost each year?
The recurring state charges in New York are: Biennial Statement $9 every two years. After year one, you pay the state $4 a year in our data.
Do I need a registered agent in New York?
Yes. The Secretary of State is designated as agent for service of process by statute. The LLC may also designate its own registered agent in New York. An address in New York to which the Secretary of State shall forward process must be maintained on the Biennial Statement.
When is the Biennial Statement due in New York?
Due every two years during the calendar month in which the original Articles of Organization were filed. The fee is $9 each filing.
Source: New York Department of State, Division of Corporations, State Records and Uniform Commercial Code, https://dos.ny.gov/articles-organization-domestic-limited-liability-company-0/. State information checked on 2026-10-25. Service prices on this site were checked on merchant pricing pages on October 25, 2026.