State guide
Form an LLC in New York
People who actually live or run a business in New York.
Filing fee
$200
Processing time
7 business days standard, faster with an expedite fee
Biennial Statement
$9/year (filed every 2 years)
State tax
A formation notice must be published in two newspapers for 6 consecutive weeks — this can add hundreds to thousands of dollars, especially in New York City.
⚠ The publication requirement can make total formation cost much higher than in other states, especially in the New York City area.
Steps to form an LLC in New York
- 1
Choose an LLC name and check it is available
The name must include "LLC" or "Limited Liability Company" and must not match a business already registered in New York. Search the state's business registry (free) before you file.
- 2
Appoint a Registered Agent in New York
This is mandatory — a registered agent is a person or company with a physical address in New York that receives legal papers on your behalf. If you don't have an address in the state, you will need to hire a registered agent service.
- 3
File the Articles of Organization
Filing fee $200; processing time about 7 business days standard, faster with an expedite fee. You can file online through the Secretary of State's portal or through the registered agent you hire.
- 4
Draft an Operating Agreement
New York doesn't require you to file this document with the state, but almost every bank and business partner asks for it to open accounts and confirm ownership and the members' responsibilities.
- 5
Get your federal tax ID (EIN)
Apply directly with the IRS — it is free. Applicants without an SSN/ITIN can still get an EIN by fax or mail, and you need it to open a US bank account and payment platforms.
- 6
Track the Biennial Statement deadline
Fee: $9/year (filed every 2 years). Due: In the formation anniversary month, on a 2-year cycle. Filing late can get your LLC administratively dissolved by the state even if you're still doing business.
FAQ: LLCs in New York
Is New York a good fit for a non-US online seller?+
People who actually live or run a business in New York.
Is USBizViet an LLC formation provider?+
No. USBizViet is an independent content site and an affiliate partner of several LLC formation providers. We may earn a commission when you sign up through links on the site, but the price you pay stays the same.
What if I miss the annual report deadline?+
The state can administratively dissolve your LLC even if the business is still operating — so track the deadline closely or sign up for an email reminder.