Form a LLC in New York

Everything you need to know about forming a LLC in New York. Filing fees, requirements, timeline, and step-by-step guidance.

$200
Filing Fee
5-10 business days
Processing Time
Optional
Registered Agent

How to File

1

Choose LLC Name

Select a unique name ending with 'LLC' or 'Limited Liability Company' and verify availability through NY DOS name search.

30 minutes

2

File Articles of Organization

Submit form DOS-1336 to the New York Department of State with required information and $200 filing fee.

1 hour

3

Obtain EIN

Apply for an Employer Identification Number from the IRS for tax purposes and banking.

15 minutes

4

Publish Formation Notice

Publish LLC formation notice in two newspapers for six consecutive weeks in the county of formation.

6 weeks

What's Next After Filing

Once your LLC is officially formed, you'll want to complete these important steps:

  • File Certificate of PublicationSubmit affidavits of publication and Certificate of Publication (DOS-1401) within 120 days of LLC formation.
  • Create Operating AgreementDraft internal operating agreement to establish management structure and member rights (recommended but not required).
  • Obtain Business LicensesApply for any required federal, state, or local business licenses specific to your industry.

Advantages

  • Limited personal liability protection for members
  • Flexible management structure and profit distribution
  • Pass-through taxation avoids double taxation
  • Less formal requirements than corporations

Considerations

  • Expensive publication requirement ($1,000-$2,000)
  • Self-employment taxes on member earnings
  • Limited life in some circumstances

Annual Obligations

Report Due:No annual report required
New York LLCs have no annual report requirement but must maintain current information and file biennial statements if applicable
Last verified: December 2025Source

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