To form a New York LLC, you file Articles of Organization with the Department of State and pay $200, as of October 2026. Within 120 days, you must publish a notice in two newspapers for six consecutive weeks and file a Certificate of Publication for $50. After that, you file a Biennial Statement every two years for $9.
The filing fee is the small part. New York's publication rule is what makes forming an LLC there slower and pricier than the filing fee suggests, and skipping it has a real consequence. Here's what the Department of State's own pages say.
New York LLC fees at a glance
From the Department of State's fee schedule, as of October 2026:
| Filing | Fee |
|---|---|
| Articles of Organization (standard or professional service) | $200 |
| Certificate of Publication | $50 |
| Biennial Statement (online) | $9 |
| Reservation of name | $20 |
| Name availability search, per name | $5 |
| Amendment, correction or restatement | $60 |
| Certificate of status | $25 |
Expedited handling is optional and charged per document on top of the fee: $25 for 24 hours, $75 for the same day and $150 for 2 hours.
The publication rule, and what it involves
Section 206 of the Limited Liability Company Law requires most new LLCs to publish a copy of their Articles of Organization, or a notice about the formation, in two newspapers for six consecutive weeks. The county clerk of the county where your LLC's office is located designates the newspapers, so you don't pick them yourself. The newspapers charge their own fees, which are on top of anything the state charges.
- Wait for your filing receipt from the Department of State, which shows the filing date and an extract of your articles.
- Contact the county clerk for the county where the LLC's office is to find out which two newspapers to use.
- Publish the notice for six consecutive weeks. The LLC name and details must match the Department's records exactly.
- Collect an affidavit of publication from each newspaper.
- File the Certificate of Publication with both affidavits attached and the $50 fee, within 120 days of formation.
What happens if you skip publication
This is the detail people miss. If you don't publish and file the Certificate of Publication within 120 days, the LLC's authority to carry on, conduct or transact business is suspended. The LLC still exists, but it isn't allowed to do business. The suspension isn't permanent, though. The Department of State says you can file the Certificate of Publication with the affidavits at any time afterwards, and the suspension is then annulled. There's one narrow exemption: theatrical production companies with "limited liability company" in their name don't have to publish.
The Biennial Statement
Every two years, New York LLCs file a Biennial Statement setting out the address to which the Secretary of State should mail any legal papers it accepts on the LLC's behalf. Most LLCs can file online and pay $9 by card, as of October 2026. You need the exact entity name and the DOS ID number, both on the state's business entity database, and you shouldn't file before the calendar month in which it's due.
Why it matters: lawsuits against New York LLCs are often started by serving the Secretary of State as the LLC's agent, and the state forwards the papers to the address on file. Many companies move and forget to update it. An LLC that doesn't file shows as past due on any certificate of status, which may stop you completing certain business transactions.
Naming rules
- The name must include "Limited Liability Company", "LLC" or "L.L.C."
- It must be distinguishable from other LLCs, corporations and limited partnerships on file.
- Section 204 of the LLC Law lists prohibited and restricted words.
- A name availability search costs $5 per name, as of October 2026, and must be requested in writing, not by phone. An available name isn't an approval, so don't spend on branding until the LLC is filed.
How to form a New York LLC, step by step
- Check name availability.
- Prepare the Articles of Organization and file them with the Division of Corporations with $200.
- Draft an operating agreement. The Department of State can't give legal advice on it, so use a template you trust or a lawyer.
- Complete publication and file the Certificate of Publication within 120 days.
- Register for any taxes you'll collect. If you sell taxable goods or services, you'll need a Certificate of Authority for sales tax before you start.
- Set a reminder for the Biennial Statement two years after formation.
If you're still deciding on a structure, my guide on how to start an LLC covers the decisions that come first.
My verdict
Filing is the easy part of a New York LLC: $200 up front and $9 every two years, as of October 2026. The real cost and the real risk sit in publication, so price the two newspapers before you file and diarise the 120-day deadline the day the receipt arrives. If you miss it, file late: the suspension lifts once the certificate is in.
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Frequently asked questions
How much does it cost to form an LLC in New York?
The Articles of Organization filing fee is $200, as of October 2026. The Certificate of Publication costs another $50, and the newspapers charge separately for publication.
What is the New York LLC publication requirement?
Most new LLCs must publish their articles or a notice in two newspapers, designated by the county clerk, for six consecutive weeks, then file a Certificate of Publication within 120 days.
What happens if I don't publish my New York LLC?
After 120 days, the LLC's authority to carry on, conduct or transact business is suspended. Filing the Certificate of Publication later annuls the suspension.
How much is the New York LLC biennial statement?
It's $9 when filed online, as of October 2026, and it's due every two years.
Who chooses the newspapers for New York LLC publication?
The county clerk of the county in which the LLC's office is located designates the two newspapers.
What must a New York LLC name include?
The words Limited Liability Company or the abbreviation LLC or L.L.C., and it must be distinguishable from other names on file.
Can I speed up a New York LLC filing?
Yes. Expedited handling costs $25 for 24 hours, $75 for same day or $150 for 2 hours, per document, as of October 2026.
