How to Form a New York LLC: Department of State Filing Steps

Every New York LLC is created by one filing: Articles of Organization, form DOS-1336-f, submitted to the New York Department of State, Division of Corporations with the official $200 filing fee (LLC Law § 203; the fee is set by § 1101). What makes New York different is what comes after the filing: a newspaper publication requirement under LLC Law § 206 that most states do not have. The numbered sequence below covers both halves. For the broader picture, see our main New York LLC formation guide.

The Formation Steps in Order

1. Check name availability. Search the Department of State's corporation database for entities with the same or a confusingly similar name. Your name needs "Limited Liability Company," "LLC," or "L.L.C." in it, and certain regulated words (banking, insurance, professional terms) need agency approval. Our name search guide covers the tactics.
2. Reserve the name if you are not filing yet (optional). New York accepts an Application for Reservation of Name if you want to lock the name in before you file. Details in our name reservation guide. Filing the articles right away makes this step unnecessary.
3. Pick your county and your service-of-process address. The county you list in the articles determines which county clerk controls your publication step later. The address you list is where the Department of State mails any legal papers it receives for your LLC, and it sits on the public record.
4. Decide whether to designate a registered agent (optional in New York). Under LLC Law § 301, the Secretary of State is the agent for service of process for every New York LLC automatically. Section 302 lets you also designate a registered agent if you want same-day handling of served papers and a service address that is not your home. New York law never requires this. Our registered agent page has the full picture.
5. File Articles of Organization, form DOS-1336-f, and pay $200. File online with the Department of State or mail the form to the Division of Corporations in Albany. The articles state your LLC name, its county, and the service-of-process mailing address. Our Articles of Organization guide walks through each field.
6. Publish, then file the $50 Certificate of Publication. Within 120 days of formation, LLC Law § 206 requires publication in two newspapers designated by the county clerk of your LLC's county, running six consecutive weeks. When the run finishes, file the Certificate of Publication with the Department of State along with the newspapers' affidavits and the $50 fee.
7. Adopt a written operating agreement. New York expects LLC members to adopt a written operating agreement. It stays internal, but it governs ownership, voting, and profit splits. See our operating agreement guide.
8. Get your EIN. Free from the IRS, and required for banking and hiring. Our EIN guide covers the application.
9. Open the business bank account and set your compliance calendar. Open a dedicated account, check license requirements, and note the Biennial Statement, a $9 filing due every two years during your anniversary month.

The Publication Step, Explained

New York's publication requirement trips up more new LLCs than any other step, so here is the mechanism on its own:

1. Contact the county clerk for the county named in your articles and get the list of newspapers designated for legal notices.
2. Arrange the notice with both designated papers for six consecutive weeks.
3. Collect an affidavit of publication from each newspaper when the run ends.
4. File the Certificate of Publication with the Department of State, attaching both affidavits and paying the $50 fee, all within the 120-day window.

The newspapers set their own rates, and those charges vary sharply from county to county; there is no statewide figure. The only Department of State fee in this step is the $50 certificate filing. Skipping publication does not undo your LLC, but the Department of State suspends the LLC's authority to carry on business until the requirement is met.

What You Pay the State

The full schedule is on our filing fees page.

If you would rather hand the paperwork off, our formation service is $199 and includes your first year of registered agent service, which then renews at $99 per year. Start your order.

FAQ

Does New York require a registered agent?

No. LLC Law § 301 makes the Secretary of State the agent for service of process for every New York LLC, and § 302 says an LLC "may designate" a registered agent on top of that. Designating one is a choice, not a requirement.

Can I skip the publication requirement?

Not without consequences. Publication is mandatory under LLC Law § 206, and the penalty for skipping it is suspension of your LLC's authority to carry on business in New York. Completing the publication run and filing the $50 Certificate of Publication cures it.

Which county controls my publication?

The county stated in your Articles of Organization, which should be where your LLC's office is located. That county's clerk designates the two newspapers, so the county you list drives the whole step.

How long does the whole process take?

The state filing itself is the quick part. The calendar is dominated by the publication run, which by statute means six consecutive weeks in both newspapers, plus the certificate filing afterward. Plan around publication, not the articles, when setting your timeline.