Forming an LLC in New York is more straightforward than most people expect, and the state filing fee is $200. Below are the steps to create your own New York LLC in 2026, along with the costs and requirements to plan for.
1. Name Your Business
Every business needs a name. You can choose almost anything, perhaps your own name or something that hints at your niche, such as Thomas Plumbing LLC or PlumbSafe LLC. Be as creative as you like, but keep these guidelines in mind:
- The name must include "LLC" or "Limited Liability Company," whichever you prefer.
- Avoid names that suggest a government entity, such as NSA Secure Solutions LLC.
- A few words, like "doctor" or "attorney," require extra paperwork before you can use them.
- The name must be unique. You can check availability on the New York Department of State website.
Important: This is also a good moment to check whether a matching domain name is available, since that may influence your choice. You can check with domain.com.
2. Appoint a Registered Agent
In New York, the Secretary of State is the registered agent by default, so if your business is served with a lawsuit, the paperwork goes to the state and is forwarded to your registered business or agent address.
You aren't required to appoint a registered agent to handle formation documents, service of process, business taxes, and reporting, but it's strongly advisable. When you publish the required notice (see below), using an agent keeps your home address out of the public record. It can also reduce publication costs if you choose a registered agent located outside New York City.
Our recommended registered agents:
| Agent | Visit |
|---|---|
 Starting around $49 |
|
 Starting around $225 |
3. File Articles of Organization
Your Articles of Organization must be filed with the New York Department of State, either online or by mail. This legal document records the LLC's name, the county where it's located, and the address for service of process, among other details.
Before you file, give some thought to how you want the business structured. LLCs can be managed by their members or by appointed managers, which determines who makes decisions and how authority is distributed within the company.
Processing typically takes a few business days once your filing is received.
Filing: Two Options
- Option 1: File online with the New York Department of State.
- Option 2: File by mail, using the address below.
Filing cost: $200, payable to the Department of State and nonrefundable.
Mail to: Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231.
4. Publish a Notice of Formation
New York has publication requirements for LLCs. Within 120 days of formation, you must publish notice of the LLC in two newspapers designated by the county clerk, one weekly and one daily, for six consecutive weeks. Check with the local county clerk to confirm which newspapers are approved.
Once the notices run, you'll receive an affidavit of publication. That, along with a Certificate of Publication, must be sent to the New York Department of State.
Filing the Certificate of Publication with New York
Publishing cost: In New York City, newspaper publication fees commonly run upward of $1,500 to $2,000. You can avoid these steep costs by designating a registered agent service located outside the city.
Tip: Use a service like ZenBusiness as your registered agent, based outside the city, where publishing fees are typically far lower.
Fee: A $50 Certificate of Publication fee is payable to the Department of State and nonrefundable.
5. Create an Operating Agreement
New York requires LLCs to adopt a written operating agreement. It sets out ownership and operating procedures, including how profits are distributed and how the company would be dissolved.
6. Apply for an EIN
Finally, apply for an EIN from the IRS. This official business identification number lets you open a business bank account and hire employees.
Always seek professional advice if you need help setting up a company in New York.