How to Start an LLC in New York (2026)

Full transcript

0:00 The short answer

Dan To start an LLC in New York, you file Articles of Organization, Form DOS 1336, with the New York Department of State and pay the $200 filing fee.

Maya Is that the end of it? I've heard New York has something unusual.

Dan It does. After you file, New York makes you publish a notice in two newspapers for six weeks, and then you file a certificate proving you did it.

Maya This is The Business Formation Podcast. Today, New York for 2026, in seven steps, with what it all costs and the three best ways to have it filed for you. Let's start with the first one.

0:38 Step 1: Choose a name

Dan Your name has to include Limited Liability Company, LLC, or L.L.C., and it has to be distinguishable from every name on file with the Department of State.

Maya Are there words I can't just use?

Dan Some words need another agency's approval first.

Maya How do I look for a name?

Dan The state's business database is free to search. If you want an official written name search, that's $5. And to hold a name, you can reserve it for 60 days for $20.

1:08 Step 2: Agent for service of process

Maya Now the registered agent, which I assume works the same everywhere.

Dan Not here. In New York, your Articles name the Secretary of State as your LLC's agent for service of process. You also give an address where the state mails any legal papers it receives for you.

Maya So the state forwards my lawsuits?

Dan It mails them to the address you list. Keep that address current, or you could miss a lawsuit.

Maya So do I need a registered agent at all?

Dan It's optional in New York. Many owners hire one anyway, so legal papers go to a staffed address instead of their own.

1:43 Step 3: File Articles of Organization

Maya Okay. How do I file?

Dan Submit Form DOS 1336 online with a NY.gov account, or by mail. The fee is $200.

Maya How quickly does it come back?

Dan Online, you pay by card and your filing receipt arrives by email right away. Paper averages about 7 business days. A paper filing can be expedited for $25 to $150.

Maya What's on the form?

Dan The name, the county of your office, the address for legal papers, and the organizer's signature.

Maya Is the county important?

Dan Very. Choose it carefully, because the county decides where you publish.

Maya I'm Maya, by the way, here with Dan.

Dan Great to have you, Maya.

2:29 Step 4: Publish a notice

Maya Tell me about this publication rule.

Dan Within 120 days of forming, you publish a notice once a week for six weeks. It runs in two newspapers that your county clerk picks, one daily and one weekly.

Maya What does that cost?

Dan The papers set their own prices, and they vary by county. Afterward, you file a Certificate of Publication with the state, for $50.

Maya And if I skip it?

Dan Your LLC's authority to do business is suspended until you comply.

2:59 Step 5: Write an operating agreement

Maya Is the operating agreement required here?

Dan Yes, and in writing. You have to adopt it within 90 days after filing. It's the law, though you don't file it with the state.

Maya Even for one owner?

Dan Even for a single-member LLC. Spell out who owns what, how profits are split, who makes decisions, and what happens if a member leaves.

3:23 Step 6: Get a free EIN

Maya Then the federal number.

Dan Apply for it free with the IRS at IRS.gov once the Department of State has filed your Articles.

Maya Is it instant?

Dan If the online application is approved, the number is issued right away. Have the Social Security number or ITIN of the person in charge ready.

Maya What about the beneficial ownership report?

Dan Not for U.S. companies. FinCEN dropped that requirement. And New York's own LLC Transparency Act only covers LLCs formed outside the U.S.

3:53 Step 7: File the biennial statement

Maya What's the ongoing paperwork?

Dan A biennial statement with the Department of State, every two years, in the month you formed. The fee is $9.

Maya A late fee?

Dan There isn't one. But a missed statement shows as past due on any certificate of status.

Maya Any other yearly costs?

Dan If your LLC has New York income, the Tax Department charges a yearly fee, starting at $25.

4:17 What it costs

Maya What is the damage if I handle it all?

Dan $250 in state fees. That's $200 to file and $50 for the Certificate of Publication. Then add the newspapers.

Maya And after year one?

Dan $9 every two years, plus that Tax Department fee, if your company has New York income.

Maya So the newspaper bill is the unknown.

Dan Yes. It depends on your county.

Maya What's the state total over three years?

Dan $259 in state fees. That's the $250 up front plus one $9 biennial statement, which comes due two years after you form. Newspapers are extra.

Maya Does any of that change with a paid agent?

Dan Not the state's part. A service fee sits on top of those state fees.

5:10 A year-one checklist

Maya Can you give me the order of operations?

Dan File the Articles first. Then start the publication within 120 days. Adopt your operating agreement within 90 days. Get your EIN. And after the last notice runs, file the $50 certificate.

Maya Which deadline hits first?

Dan The 90 days for the operating agreement.

Maya Then the publication window gives you a little extra time.

Dan A bit more, yes, but the six weeks of notices need to fit inside it. So start early.

5:42 The 3 best ways to file in New York

Maya What if I'd rather hand all this off?

Dan Here are the three best ways to file in New York. Number one, our pick, is Mainstay Filing, $199 a year plus the state fee. With the $200 state fee, checkout comes to $399.

Maya What does it include?

Dan Your Articles filed, your EIN application, and an optional registered agent every year. It renews at the same $199. In New York, it also files your biennial statement every two years, and it flags your publication deadline when you form.

Maya Does it cover the newspapers?

Dan No. The newspapers bill you directly for the notices.

Maya Number two?

Dan NY Registered Agent.org. It prepares and files your Articles for $199 plus the state fee, with the first year of its registered agent service free, then $99 a year.

Maya And number three?

Dan New York Registered Agent.ai. Same offer: $199 plus the state fee, a free first year of agent service, and then $99 a year.

Maya What decides it?

Dan If you'll file your own biennial statement, two and three cost less from year two, at $99 for the agent alone. If you'd rather have the agent and the statement handled at one steady price, that's Mainstay. And the publication costs are the same with all three.

7:14 Three years of service fees

Maya Give me a number for three years.

Dan Mainstay is $199 a year, so $597. The other two are $199 in year one, then $99 in each of the next two years, for $397.

Maya So $200 apart.

Dan Yes. And in New York, the biennial statement is the part that Mainstay does for you.

7:40 Recap

Maya One last time, start to finish.

Dan Choose a name with LLC in it, set up the address for legal papers, file Form DOS 1336 for $200, publish for six weeks and file the $50 certificate, adopt a written operating agreement, get your free EIN, and file the $9 biennial statement every two years.

Maya The links to all three services and every official source are in the show notes. Thanks for listening to The Business Formation Podcast, and good luck with your new New York LLC.