What is different about forming an LLC in New York.
Every state runs its own filing office, its own fee schedule and its own ongoing obligations. These are the ones that apply in New York.
| Item | Amount | Detail |
|---|---|---|
| LLC filing fee | $200 | Paid to the state, at cost. File.Business charges $0 to prepare and file it. |
| Corporation, for comparison | $125 | |
| Nonprofit | $75 | |
| Professional LLC (PLLC) | $200 | |
| Series LLC | Not offered | New York has no Series LLC filing. |
| Ongoing state report for an LLC | $9 | Biennial Statement, biennial, due during the calendar month in which the original certificate of incorporation, articles of organization or application for authority was filed, every second year |
| Registering an out-of-state LLC here | $250 | A certificate of good standing from your home state is required. Filed on the Application for Authority. |
What the New York fee schedule actually says
New York files biennially, not annually. The Biennial Statement is 9 dollars for both business corporations and LLCs and is due during the calendar month in which the original formation or authority document was filed, every second year. Not for profit corporations file no biennial statement with the Department of State. Section 206 of the Limited Liability Company Law requires most new LLCs to publish a notice in two newspapers for six consecutive weeks in the county of the LLC's office, then file a Certificate of Publication for 50 dollars. The newspaper charges are separate from that 50 dollars and are set by the papers the county clerk designates. New York does not require a registered agent in the usual sense, because the Secretary of State is the statutory agent for service of process on every business corporation, LLC, LP and LLP, and a registered agent is optional. Separately, LLCs and LLPs owe the state annual filing fee on Form IT 204 LL, from 25 dollars to 4,500 dollars based on New York source gross income, due the 15th day of the third month after the tax year closes.
Verified 2026-08-17 · against the agency's own fee schedule
What forming an LLC in New York actually involves.
Articles of Organization
The Articles of Organization is the founding New York document. We prepare and file with the SOS using your entity name, organizer info, RA, and member structure.
~7 day New York processing
New York SOS typically processes standard LLC filings in 7 business days. Expedited options available for an extra state fee (varies $25-$200).
Registered Agent included
New York requires every LLC to maintain a Registered Agent. RA service is included year one in every formation bundle.
EIN from the IRS
Your New York LLC needs a federal EIN for banking, taxes, and payroll. We file Form SS-4 with the IRS, typically 1-2 business days, faster than DIY filings.
Operating Agreement
New York doesn't require filing an Operating Agreement with the SOS, but every New York LLC needs one to define member rights, voting, profit splits, and dissolution rules. Included in Domestic Complete.
Year-one compliance
Forming the LLC is step one. New York requires ongoing compliance: Biennial Statement (Anniversary (biennial)), state tax registrations, license renewals. Domestic Complete includes year-one AR AutoFile.
A clean handoff, in 6 steps.
Pick your New York LLC name
We check New York SOS name availability live. Your chosen name must include "LLC" or variant and not conflict with existing New York registrations.
Designate Registered Agent
Every New York LLC needs a RA with a physical New York address. We provide one (included year one) or you can designate your own.
Prepare Articles of Organization
Member info, RA, principal office, management structure (member-managed vs manager-managed), effective date. We draft and review with you.
File with New York SOS
Submitted electronically with $200 state fee. 7-day standard processing. State-stamped Articles return to your BOS vault.
EIN + Operating Agreement
After SOS acceptance: IRS EIN application (1-2 days), Operating Agreement drafted, S-Corp election if requested (Form 2553).
Year-one compliance setup
New York Biennial Statement added to your calendar (due Anniversary (biennial)). RA active. Compliance Score baseline established.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Articles of Organization or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
Do I need to live in New York to form an LLC there?
No. You do not need to live in New York or be a resident to form an LLC there. What New York requires is a registered agent with a physical in-state address to receive legal mail, which we provide, or you can act as your own if you have a New York address and are available in business hours. Where you live does not limit where you can form.
What is the difference between an LLC and a corporation in New York?
An LLC is simpler and pass-through: profit lands on your personal return and there is little required formality, which suits most owners in New York. A corporation is built to raise venture capital and issue stock, but it adds bylaws, a board, and annual meetings. If you plan to raise money, look at forming a corporation; otherwise the LLC-versus-corporation comparison lays out the tradeoffs.
Does New York require an Operating Agreement?
New York may not require you to file one, but you should have one. The Operating Agreement sets who owns what, who can sign, and what happens if an owner leaves, and it is the document that shows the LLC is a genuine separate entity, which protects your liability shield. Banks and lenders also ask for it. Generate one that fits your ownership with our Operating Agreement tool.
What about the EIN for my New York LLC?
The EIN is your business's federal tax ID, and you need it to open a bank account, hire, or file taxes. It is free from the IRS, and we obtain it for you the same day, including for founders without a Social Security Number. Keeping the EIN separate from your SSN also keeps your personal number off vendor and client paperwork. Start with our EIN guide.
Can a foreign person form a New York LLC?
Yes. You do not need to be a US citizen or resident to own or form a New York LLC, and you never have to set foot in the state. The one extra step is the EIN, which we obtain from the IRS for you when you have no Social Security Number, and that unlocks US banking and payment processing. Our EIN guide is the right starting point for international founders.
What ongoing compliance does a New York LLC require?
Forming is the start, not the finish. A New York LLC generally files a periodic annual report, keeps a registered agent on record, and pays any state franchise tax. Miss the report and New York can administratively dissolve the LLC, ending the protection you formed it for. A compliance calendar keeps every date in view, and our subscription can file them for you.
Can I change my New York LLC name later?
Yes. If you outgrow the name or rebrand, you change it by filing Articles of Amendment with New York, which updates the official record; your EIN and entity stay the same. If you would rather keep the legal name and operate under a different public name, a DBA does that without a full amendment. We handle either the amendment or the DBA for you.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here: we keep the rest tracked. Or start by looking up any New York company on the state record.
Up a level, or across to the neighbors.
Form an LLC by state
The national explainer above this page: what changes between jurisdictions, and why.
Open the hub → SectionForm a business
Every formation route, each with a page per state.
Open the section → StateNew York business filings
Every filing a business makes in New York, gathered on one page.
Open New York → In New YorkAnonymous LLC in New York
The anonymous LLC, state by state
Read the guide → In New YorkSeries LLC in New York
Series LLC, state by state
Read the guide → In New YorkForm a corporation in New York
Form a corporation, state by state
Read the guide → In New YorkStart a business in New York
Starting a business, state by state
Read the guide →