Start a New York LLC
How to start an LLC in New York →
Name, registered agent, Articles of Organization and bank account, step by step.
New York LLC cost →
What it costs to form and to keep, and a three-year comparison.
New York LLC name check →
Check a name against New York naming rules before you file.
New York operating agreement →
Required by New York law. Create yours free.
Run a New York LLC
New York Biennial Statement →
Every two years. Due dates, first filing, and what happens if you miss it.
New York registered agent →
Every New York LLC needs one. Ours is included in year one.
Compliance deadline tracker →
Every federal and New York deadline for your LLC.
Changing or closing it: add or remove a member, change your registered agent, move to another state, dissolve the LLC.
New York LLC at a glance
Formed with
New York Department of State, Division of Corporations
Formation document
Articles of Organization
Recurring filing
Biennial Statement, every two years
Online filing
Yes
New York LLCs file a Biennial Statement every two years. It is due every two years, during the calendar month in which the Articles of Organization were filed.
LLCs with New York source income, including single-member LLCs disregarded for federal tax purposes, file Form IT-204-LL and pay an annual filing fee to the Department of Taxation and Finance, due by the 15th day of the third month after the tax year ends, with no extension.
Publication: Within 120 days after the Articles of Organization take effect, the LLC must publish the Articles or a notice of formation in two newspapers designated by the county clerk where its office is located, for six consecutive weeks, then file a Certificate of Publication with the affidavits of publication with the Department of State. Missing the deadline suspends the LLC's authority to carry on business until it complies.
Must include "Limited Liability Company", "LLC" or "L.L.C.", and it must be distinguishable from names already on the New York register.
- Newspaper publication is usually the slowest step in forming a New York LLC, and the newspapers are chosen by the county clerk, not by the LLC.
- The Biennial Statement can be filed online through the Department of State's e-Statement service.
Forming a New York LLC from outside the US?
The steps above are written for people who live in the US. If you live abroad, the bank account and tax filings work differently.
New York LLC for non-residents →Sources
Nearby states
All states
Frequently asked questions
How do I start an LLC in New York?
Choose a name, appoint a registered agent in New York, and file a Articles of Organization with the New York Department of State, Division of Corporations. Then write an operating agreement and open a business bank account. Our step-by-step guide covers each one.
How much does a New York LLC cost?
New York charges a one-time filing fee to form an LLC. With StartGlobal it is $399 in total, with that fee, your operating agreement and first-year registered agent included.
Does a New York LLC file an annual report?
New York LLCs file a Biennial Statement every two years. It is due every two years, during the calendar month in which the Articles of Organization were filed.
Does New York tax LLCs?
LLCs with New York source income, including single-member LLCs disregarded for federal tax purposes, file Form IT-204-LL and pay an annual filing fee to the Department of Taxation and Finance, due by the 15th day of the third month after the tax year ends, with no extension.
Is an operating agreement required in New York?
Yes. It must be adopted before, at, or within 90 days after filing the Articles of Organization.
