LLC Formation in New York: Cost, Steps & How to File
Every New York business owner eventually asks the same three things about an LLC formation: who issues it, roughly what it costs, roughly how long it takes. The first one has a New York-specific answer and it's at the top of this page.
Depending on the state this recurring amount is called an annual report fee, a franchise tax, or a business privilege fee. It is the amount an LLC pays the state to stay in good standing. In New York it is charged every two years, not annually.
New York: verified exception
Under Limited Liability Company Law § 206 a new LLC must publish a notice “once in each week for six successive weeks, in two newspapers of the county”, “to be designated by the county clerk”, “within one hundred twenty days after the effectiveness of the initial articles of organization”, then file a certificate of publication with the Department of State.
Missing that window has teeth: “the authority of such limited liability company to carry on, conduct or transact any business in this state shall be suspended, effective as of the expiration of such one hundred twenty day period.”
What the publication costs depends entirely on which county's newspapers the clerk designates, and it is usually the largest single cost of forming an LLC in New York. We do not publish a figure for it because we have not verified one.
What actually applies
- The recurring statement is biennial. LLC Law § 301(e)(1) requires it “biennially in the calendar month during which its articles of organization or application for authority were filed” — every two years, not every year.
Sources
- NY Limited Liability Company Law § 206 — publication: https://www.nysenate.gov/legislation/laws/LLC/206
- NY Limited Liability Company Law § 301 — biennial statement: https://www.nysenate.gov/legislation/laws/LLC/301
Who issues an LLC Formation in New York
In New York, an LLC formation is issued by the office below. That is the office to confirm every figure with.
- New York — the state business-filing office (Secretary of State in most states) (registers business entities)
https://dos.ny.gov
https://apps.dos.ny.gov/publicInquiry
Starting point for anything else in New York: the state business portal, https://apps.dos.ny.gov/publicInquiry. It is a starting point, not the issuer of this permit.
The general US process
This sequence is the shape the process takes across the US. It is not a list of New York requirements, and no step here should be read as one — the issuing office named above sets the actual requirements.
- Step 1: Pick a name and check it against the state's business-entity register — most states let you search this online for free.
- Step 2: Name a registered agent with a physical street address in the state; a PO box is generally not accepted.
- Step 3: File the formation document — usually called Articles of Organization or a Certificate of Formation — with the state's business-filing office.
- Step 4: Pay the state filing fee. This is the one figure on this page that we do hold per state, shown above.
- Step 5: Get an EIN from the IRS. It is free, online, and usually issued immediately.
- Step 6: Open a business bank account in the LLC's name using the EIN and the filed formation document.
- Step 7: Write an operating agreement. A handful of states require one; in the rest it is optional and still worth having.
What varies: the filing fee, the name of the form, how often the state wants a report, and whether the state adds its own publication or franchise-tax step. New York, for example, adds a newspaper publication requirement.
Documents usually asked for
A typical list, not a New York checklist.
- Government-issued ID
- Business name
- Registered agent info
- Member/manager list
Related permits in New York
LLC Formation in states bordering New York
Rules stop at the state line — same permit, each state bordering New York:
See LLC Formation in all 50 states & DC →
Frequently asked questions
How much does it cost to form an LLC in New York?
New York's formation filing fee is $200. On top of that, the recurring amount to stay in good standing is $9 every two years. Expedited processing, a registered agent service and a name reservation cost extra. Some states add their own steps with their own costs.
Does New York charge a recurring fee for an LLC?
Yes — $9 every two years. Depending on the state this recurring amount is called an annual report fee, a franchise tax, or a business privilege fee. It is the amount an LLC pays the state to stay in good standing. Confirm the amount and the due date with the office linked above; due dates commonly key off your formation date.
Who issues an LLC filing in New York?
The state office named at the top of this page.
What is New York-specific on this page: the issuing office, the two New York fees, the verified New York exception and its sources. Everything else — the numbered process, the document list, the cost and timeline — is the general US pattern, not a New York rule, and is labelled that way above. Requirements, fees and deadlines are set by the issuing office; confirm with it before you file or pay.