New York Articles of Organization: LLC Filing & Cost (2026)
You create a New York LLC by filing the Articles of Organization (Form DOS-1336) with the New York Department of State and paying the $200 filing fee. Within 120 days you must publish notice in two newspapers and file a Certificate of Publication ($50). New York makes the Secretary of State the LLC’s agent for service of process.
Quick Answer
- Form
- Articles of Organization, Form DOS-1336
- Agency
- New York Department of State, Division of Corporations
- Filing fee
- $200 (2026)
- Governing law
- NY Limited Liability Company Law § 203
- Publication
- Required within 120 days; Certificate of Publication $50
- Ongoing
- Biennial Statement every 2 years, $9
Agency and Form: Department of State
A New York LLC is created by filing the Articles of Organization with the New York Department of State, Division of Corporations. The state’s form is DOS-1336 (Articles of Organization for a domestic limited liability company). Filing and the Department’s acceptance of the Articles is the legal act that forms the LLC under section 203 of the New York Limited Liability Company Law. You can file online through the Department of State’s business filing portal, by mail, by fax with a prepaid account, or in person.
Note the terminology: New York uses “Articles of Organization” for an LLC, not “Certificate of Formation” (a Delaware term) and not “Certificate of Incorporation” (which New York uses for corporations). If a form asks a New York LLC for its certificate of formation, the correct document is the filed Articles of Organization. For the national overview, see how to form an LLC, and for the full walkthrough see how to form an LLC in New York.
What the Articles of Organization Must Include
Section 203 of the LLC Law lists what the Articles must contain. New York’s form is short, but a few items trip up filers:
- LLC name. It must include “Limited Liability Company,” “LLC,” or “L.L.C.” and be distinguishable from names on the Department’s record under section 204. Check the New York business entity search first.
- County in New York where the LLC’s office is located. This drives which newspapers you must publish in.
- Secretary of State as agent. The Articles designate the Secretary of State as agent for service of process and give a post-office address to which the Secretary will forward any process served on the LLC.
- Optional registered agent and an optional effective date and dissolution date. Management structure and member details are governed by the operating agreement, not the Articles.
The company’s internal rules go in a separate operating agreement, which New York law requires LLC members to adopt but which is not filed with the state.
New York LLC Filing Fees (2026)
New York’s formation fee is $200, but the publication requirement and biennial filing add real costs over the LLC’s life. All amounts below are set by the Department of State or the Tax Department and are effective for 2026.
| Item | Fee (2026) | Agency |
|---|---|---|
| Articles of Organization (Form DOS-1336) | $200 | Department of State |
| Certificate of Publication | $50 | Department of State |
| Newspaper publication (2 papers, 6 weeks) | Varies by county | Newspapers |
| Name reservation (60 days) | $20 | Department of State |
| Expedited handling (24-hour / same-day / 2-hour) | $25 / $75 / $150 | Department of State |
| Biennial Statement (every 2 years) | $9 | Department of State |
| Federal EIN (IRS) | $0 (free) | IRS |
Publication costs vary widely by county - filings in downstate counties such as New York County are far more expensive than upstate. For the full lifetime cost, see New York LLC cost.
The New York Publication Requirement
New York is one of the few states that requires newspaper publication. Under section 206 of the LLC Law, within 120 days after the Articles of Organization become effective, the LLC must publish a copy of the Articles or a notice related to its formation in two newspapers - one printed daily and one printed weekly - designated by the clerk of the county in which the LLC’s office is located. The notice must run once each week for six successive weeks.
After publication, the printer or publisher of each newspaper provides an affidavit of publication, and the LLC files a Certificate of Publication, with those affidavits attached, with the Department of State for a $50 fee. An LLC that does not publish within 120 days has its authority to carry on business in New York suspended, though the suspension does not invalidate contracts or the LLC’s liability shield and can be cured by completing publication. Contact the county clerk for the designated newspapers before you advertise.
Registered Agent and Service of Process
Unlike most states, New York does not require an LLC to appoint a private registered agent. By statute, the Secretary of State is automatically the agent for service of process on every New York LLC, and the Articles must supply a post-office address to which the Secretary forwards any process it receives. Keeping that forwarding address current is essential, because lawsuit papers served on the Secretary are mailed there.
An LLC may also designate a separate registered agent in New York, and many out-of-state owners do so to receive documents reliably, but it is optional. See the national registered agent overview for how New York’s approach differs from states such as Texas.
After Filing: EIN, Operating Agreement, and Taxes
Once the Articles are accepted, apply for a free federal Employer Identification Number (EIN) from the IRS, which you need to open a bank account, hire employees, and file taxes. By default the IRS treats a single-member LLC as a disregarded entity and a multi-member LLC as a partnership; either can elect corporate or S-corporation treatment.
New York imposes an annual LLC filing fee on LLCs treated as partnerships or disregarded entities that have New York source income, reported on Form IT-204-LL and ranging from $25 to $4,500 based on New York gross income. If the LLC sells taxable goods or services, it must register for New York sales tax with the Tax Department, and may need a business license depending on its activity and locality. For the full picture, see New York LLC tax filing.
Biennial Statement and Ongoing Requirements
New York does not have an annual report. Instead, every New York LLC files a Biennial Statement every two years with the Department of State, in the anniversary month of its formation, for a $9 fee. The statement updates the post-office address to which the Secretary of State forwards service of process. It is filed online through the Department of State’s e-Statement service.
A New York LLC that stops filing its Biennial Statement is marked past due in the state’s records, which can complicate obtaining a certificate of status or good standing. When you are ready to close the company, you file Articles of Dissolution rather than letting filings lapse - see how to dissolve an LLC in New York. Compare the biennial requirement with other states at New York annual report and biennial statement.
It helps to see the full arc of a New York LLC’s first year in one place. You reserve or clear the name, file the Articles of Organization for $200, and receive a filing receipt. Within 120 days you complete newspaper publication in the two designated papers and file the $50 Certificate of Publication. In parallel you obtain a free federal EIN, adopt a written operating agreement, register for any required New York taxes, and open a business bank account. From then on, the only recurring state filing with the Department of State is the $9 Biennial Statement every two years, while the Tax Department handles the annual IT-204-LL filing fee where it applies. Missing the publication step is the most common and most expensive oversight, so calendar the 120-day deadline the moment the Articles are accepted.
Foreign owners forming a New York LLC from outside the United States follow the same steps but often cannot get an EIN online; they apply by fax or mail using Form SS-4 and may need an ITIN for the responsible party. Because the Secretary of State is the statutory agent for service of process, a non-resident owner in particular benefits from also naming a private registered agent so that forwarded legal papers actually reach them in time to respond.
Frequently Asked Questions
What form do I file to create a New York LLC?
The Articles of Organization, Form DOS-1336, filed with the New York Department of State under LLC Law section 203, with a $200 fee. See how to form an LLC in New York.
How much does it cost to file New York Articles of Organization?
$200 to file, plus a $50 Certificate of Publication and newspaper costs, and later a $9 Biennial Statement every two years. See New York LLC cost.
Does New York require LLC publication?
Yes. Section 206 requires publication in two newspapers for six consecutive weeks within 120 days, then a $50 Certificate of Publication. Newspaper costs vary by county.
Does a New York LLC need a registered agent?
No. The Secretary of State is the LLC’s agent for service of process by default. A private registered agent is optional.
How long does it take to form a New York LLC?
Standard filings take a few business days. Expedited handling is $25 (24-hour), $75 (same-day), or $150 (2-hour) from the Department of State.
What ongoing filing does a New York LLC have?
A $9 Biennial Statement every two years in the anniversary month, plus a possible annual LLC filing fee on Form IT-204-LL. See New York LLC tax filing.
Related
- How to form an LLC (cluster hub)
- How to form an LLC in New York
- New York Certificate of Formation (terminology)
- New York registered agent
- How much does a New York LLC cost?
- New York business entity search
- New York operating agreement
- New York LLC tax filing
- How to dissolve an LLC in New York
- Florida Articles of Organization (sibling)
- Legal glossary
Sources
- New York Department of State - Limited Liability Company (Articles of Organization; $200; publication).
- New York Department of State - Corporation and business entity forms (Form DOS-1336).
- New York Department of State - Biennial Statement ($9; anniversary month).
- New York Department of State - Expedited handling ($25 / $75 / $150).
- New York Department of State - Corporation and Business Entity Database (name availability).
- NY Limited Liability Company Law - § 203, Articles of Organization.
- NY Limited Liability Company Law - § 204, Name distinguishability.
- NY Limited Liability Company Law - § 206, Publication; certificate of publication.
- NY Limited Liability Company Law - § 301, Service of process / registered agent.
- Justia - New York LLC Law Article 2 (Formation).
- New York State Tax Department - LLC/LLP filing fee (Form IT-204-LL).
- IRS - Limited Liability Company (LLC) (federal classification).
- IRS - Get an Employer Identification Number (free EIN).
- Cornell Legal Information Institute - Limited liability company (LLC).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and deadlines change; verify current requirements with the New York Department of State before acting.