Form an LLC in New York — Everything You Need to Know
A practical, no-nonsense guide to forming a limited liability company in New York. We cover the actual requirements, real costs, and what nobody else tells you.
New York LLC at a Glance
State Filing Fee
$200
Processing Time
15 business days
Annual Report Fee
$9 (biennial)
Franchise/Annual Tax
None
State Income Tax
Yes (10.9%)
Member Disclosure
Private
New York is Best For
Privacy & Protection Features
- ✓No member disclosure — Your name does not appear on publicly searchable formation records
New York-Specific Requirements
- !Publication requirement: must publish in 2 newspapers within 120 days of formation ($300-$2,000+)
- !File Certificate of Publication with Department of State after publishing
- !Operating agreement legally required
- !Biennial statement due every 2 years ($9)
- !NYC businesses may owe unincorporated business tax (4%)
Requirements to Form an LLC in New York
Forming an LLC in New York requires a few key things. Here is what you actually need — no unnecessary legal jargon:
- 1A unique business name. Your LLC name must be distinguishable from other entities registered in New York. It must include "LLC," "L.L.C.," or "Limited Liability Company."
- 2A registered agent. Someone with a physical address in New York who can receive legal documents on behalf of your LLC. You can be your own agent if you have an address in the state, or you can use a service like Sedes.
- 3Articles of Organization. This is the formation document you file with the Department of State, Division of Corporations along with the $200 filing fee. It includes your LLC name, registered agent, management type, and purpose.
- 4An operating agreement. New York legally requires an operating agreement. It defines how your LLC is managed, how profits are split, and what happens if things go sideways.
- 5An EIN (Employer Identification Number). Your LLC's tax ID from the IRS. Free to obtain. Required for opening a business bank account, hiring employees, and filing taxes.
How Much Does It Cost?
| Item | Cost | Frequency |
|---|---|---|
| State Filing Fee | $200 | One-time |
| Annual Report | $9 (every 2 years) | Biennial |
| Expedited Processing (optional) | $25 | One-time (1 day) |
| Registered Agent Service | $49/year | Annual (with Sedes) |
| EIN | $0 | One-time (free from IRS) |
| First Year Total | $258 | with Sedes RA |
| Annual Ongoing Cost | $53.5/year | with Sedes RA |
State fees are paid directly to New York. Sedes's formation service starts at $0 + state fees.
How Long Does It Take?
Standard Processing
15 business days
State filing fee only ($200)
Expedited Processing
1 business day
Additional $25 fee
Pros & Cons of a New York LLC
Advantages
- +Low biennial filing fee ($9 every 2 years)
- +Access to the largest financial market in the world
- +No public member disclosure on formation documents
- +Massive consumer market and business ecosystem
Disadvantages
- -Publication requirement costs $300-$2,000+ depending on county
- -Very high state income tax rates (up to 10.9%)
- -Filing fee is above average ($200)
- -NYC has additional unincorporated business tax
- -Publication requirement is confusing and costly
What You Should Know About New York LLCs
New York's publication requirement is unique and expensive. Within 120 days of formation, you must publish a notice in two newspapers (one daily, one weekly) in the county where the LLC is located. In Manhattan, this can cost $1,500-$2,000+. In cheaper counties, it may be $300-$500. Failure to publish does not dissolve the LLC but suspends its authority to sue in NY courts.
Step-by-Step: How to Form an LLC in New York
Choose your LLC name
Search the New York Department of State, Division of Corporations business name database to make sure your desired name is available. Your name must include "LLC" or "Limited Liability Company" and must be distinguishable from existing entities.
Appoint a registered agent
Your registered agent must have a physical street address in New York (no P.O. boxes). They receive legal documents and state correspondence on your behalf. Sedes includes registered agent service with all plans.
File your Articles of Organization
Submit your formation documents to the New York Department of State, Division of Corporations along with the $200 filing fee. You can file online or by mail. With Sedes, we handle the filing for you.
Create an operating agreement
New York legally requires an operating agreement. It defines how your LLC is managed, how profits are split, and what happens if a member leaves. Sedes generates a customized operating agreement as part of the formation process.
Get your EIN from the IRS
Apply for an Employer Identification Number (EIN) on the IRS website. It is free and takes about 5 minutes online. You need this to open a business bank account and file taxes.
Open a business bank account
This is critical. Keeping your personal and business finances separate is what makes your liability protection real. Without it, a court could 'pierce the corporate veil' and hold you personally liable.
Stay compliant
File your biennial report ($9), pay any required taxes, and keep your registered agent current. Sedes's compliance calendar tracks all of this automatically.
New York Department of State, Division of Corporations — Online Filing
File directly with the state or let Sedes handle it for you.
Frequently Asked Questions
How much does it cost to form an LLC in New York?
The state filing fee is $200. You will also pay $9 every 2 years for the annual report. Your estimated first-year total is $209 (state fees only). With Sedes, the formation service itself starts at $0 — you only pay the state fees.
How long does it take to get an LLC in New York?
Standard processing takes approximately 15 business days after filing. Expedited processing is available for $25 (1 business day). With Sedes, we prepare and submit your filing within hours, but the state processing time still applies.
Do I need a lawyer to form an LLC in New York?
No. Millions of LLCs are formed every year without a lawyer. For straightforward single-member or partnership LLCs, a formation service like Sedes can handle everything. If you have complex ownership structures, significant assets to protect, or need specific tax planning, consulting a business attorney is a good idea.
Can I form a New York LLC if I live in another state?
Yes. Anyone can form an LLC in New York regardless of where they live. However, if you plan to do business in your home state, you will need to register your New York LLC as a foreign LLC there, which means paying fees in both states. For most people, forming in their home state is simpler and cheaper.
What is the difference between member-managed and manager-managed?
In a member-managed LLC, all owners (members) participate in running the business and making decisions. In a manager-managed LLC, one or more designated managers handle operations while other members are passive investors. Most small LLCs choose member-managed.
Do I need an operating agreement?
Yes, New York legally requires an operating agreement. An operating agreement defines how your LLC works, protects your personal liability, and prevents disputes. Banks often require it to open a business account.
Not sure if New York is the right state for your LLC?
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