New York LLC: How to Start an LLC in New York (2026 Guide)

Learn how to start an LLC in New York in 2026. Step-by-step guide to filing Articles of Organization, the newspaper publication rule, and getting your EIN.

New York is a major market for small businesses, and the LLC is a common way to structure one. To start an LLC in New York, you file Articles of Organization with the Department of State, name a registered agent with a New York address, and publish a notice in two newspapers. It's more involved than most states, but it's manageable.

Why form an LLC in New York

New York offers access to a huge customer base, and an LLC gives you limited liability protection without the formalities of a corporation. Profits pass through to your personal return, so you avoid double taxation. For freelancers, shops, and service businesses, the LLC is a solid choice.

Name rules for a New York LLC

Your LLC name must include "LLC", "L.L.C.", or "Limited Liability Company". It can't be the same as another name on file with the Department of State, and it can't use restricted words like "bank" or "insurance" without approval.

• Search the New York Department of State name database first.
• You can reserve a name for 60 days with a name reservation.
• A DBA filing lets you operate under a different business name.

Registered agent requirement

Every New York LLC must have a registered agent with a physical street address in New York. The agent receives legal documents and official mail for your business. You can be your own agent, or you can use a registered agent service to keep your address private and avoid missing deadlines.

Filing Articles of Organization

The main filing is the Articles of Organization, submitted to the New York Department of State. You'll provide the LLC name, the county where the LLC will be located, and the registered agent's name and address. You can file online or by mail.

1. Choose a name and check availability.
2. Pick a registered agent with a New York address.
3. Complete the Articles of Organization.
4. Pay the filing fee and submit.
5. Publish the required notice in two newspapers.

The newspaper publication requirement

New York is one of the few states that requires LLCs to publish a notice in two newspapers. Within 120 days of filing, you must publish a notice in one newspaper in the county where your LLC is located and one in an adjoining county. The newspapers will send you an affidavit of publication, which you file with the state.

Biennial report, EIN, and costs

New York LLCs file a biennial report every two years with the Department of State. The report updates your address and registered agent, and it comes with a filing fee. It's due in the month your LLC was formed.

You'll also need an EIN from the IRS if your LLC has employees or more than one member. Even a single-member LLC usually wants one to open a business bank account. The IRS issues EINs for free.

• Articles of Organization: typically around $200, check the current schedule.
• Biennial report: usually around $9.
• Newspaper publication: varies by county, often $50 to $200 per paper.
• Registered agent service: often $50 to $300 per year.

For a step-by-step overview, see our guide to starting an LLC. You can also compare LLC formation options and review annual report rules. For state-specific details, visit our New York state page.

Frequently Asked Questions

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

The Articles of Organization filing fee is typically around $200, and the biennial report is usually around $9. The newspaper publication requirement adds cost, often $50 to $200 per paper depending on the county. A registered agent service adds $50 to $300 per year if you use one.

Does a New York LLC have to publish a notice in newspapers?

Yes. Within 120 days of filing your Articles of Organization, you must publish a notice in two newspapers, one in the county where your LLC is located and one in an adjoining county. The newspapers send you an affidavit of publication, which you file with the state.

Does a New York LLC need a registered agent?

Yes. Every New York LLC must have a registered agent with a physical street address in New York. The agent receives legal documents and official mail for your business. You can be your own agent, or you can use a service to keep your address private.

When is the biennial report due for a New York LLC?

New York LLCs file a biennial report every two years with the Department of State. It's due in the month your LLC was formed, and it updates your address and registered agent. The filing fee is small, but missing the deadline can lead to penalties.

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

The Department of State usually processes Articles of Organization within a few business days. The newspaper publication step takes longer, often several weeks, because you have to wait for the notices to run and the affidavits to come back before you file them.