File New York Articles of Organization, adopt a written operating agreement and complete newspaper publication.

This guide covers forming a new New York LLC. If your LLC already exists in another state or country, use the foreign-registration process instead.

New York LLC at a glance

Official filing website
New York Department of State
Business name check
Search business namesA name search does not reserve or approve the name.
Formation document
Articles of Organization
State filing fee
$200Publication costs and the $50 Certificate of Publication filing are additional to the $200 Articles of Organization.
Processing time
OnlineImmediate in the cited guidePaper2-3 weeks; add mail transitPublished guide estimate. Published guide estimate for a complete filing; not a state guarantee. Check the filing office before setting a deadline.
Ongoing report or tax
Biennial Statement
Report / renewal charge
$9Fee for this filing only.
Frequency / due date
Every two years, in the original filing month
Sales tax base rate
4%Local rates may apply. July 1, 2026 snapshot; not an address-specific rate. General rate for ordinary taxable sales; exemptions, special products and local rules can change the result.Official tax agency ↗
Names in formation records
No management roster requiredThe ordinary articles identify the entity, county and service-of-process arrangements without a required membership roster. Publication and separate applicable disclosure rules still matter. Other filings and private bank/tax records may identify owners.

Before you file in New York

Prepare the LLC name, office county, mailing address for legal papers and organizer details. Ask that county’s clerk which newspapers to use for publication.

Search business names ↗

File the Articles of Organization

New York LLC formation instructions ↗

  1. File the Articles of Organization with the Department of State, including the county and address for forwarded legal papers.
  2. After approval, publish the required notice in the two county-designated newspapers for six consecutive weeks.
  3. Get the newspapers’ affidavits and submit them with the Certificate of Publication within 120 days, paying its separate filing fee.
Hand-drawn path from choosing a name to filing the LLC and organizing the next steps.
Prepare, file, then complete the post-approval tasks.

What to enter in the form

County
This is the county of the LLC office and determines the publication arrangements.
Service-of-process address
Enter an address where the LLC can reliably receive legal papers forwarded by the Secretary of State.
Optional agent
You may appoint an additional registered agent. This is separate from the Secretary of State’s statutory role.
Organizer
The organizer signs the articles. Keep the operating agreement in the company records rather than sending it with the articles.

Formation form or legal requirements ↗

After approval in New York

  • Adopt the written operating agreement before formation, at formation or within 90 days afterward.
  • Keep the filed Certificate of Publication and newspaper affidavits with the articles.

Biennial Statement

File a New York Biennial Statement ↗

  1. Open the DOS Biennial Statement service with the LLC’s DOS ID and exact name.
  2. File every two years during the original filing month. Update the service-of-process/address details requested by the statement.
  3. Submit the fee and save confirmation.

Compare the filing cycles in our annual report and recurring-fee table.

Common mistakes

  • Paying the newspaper does not file the Certificate of Publication. Complete both parts.

Next steps: operating agreement · get an EIN · starting checklist.

Sources and filing links

Sources checked . Confirm the state’s current fees and instructions before filing.

Research and walkthrough references

These references provide background and filing walkthroughs. Follow current state instructions if an older walkthrough differs.

See our editorial policy for the research process and contact page for correction information.