[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.