New York is a powerful place to do business, but its LLC rules include a requirement few founders expect: newspaper publication. This guide to LLC formation in New York explains the filing, the publication rule and the ongoing obligations.
Forming the LLC is quick. However, the publication requirement can be costly, especially in Manhattan. Moreover, missing it can suspend the LLC's authority to do business. Therefore, plan for it from day one.
Our attorneys form New York LLCs and draft operating agreements at fixed prices.
Filing your New York LLC
New York LLCs are formed by filing Articles of Organization with the New York Department of State. Filing can be done online. State fees change from time to time, so confirm the current amount when you file.
The articles list the LLC's name, the county where its office is located and an address for service of process. The Secretary of State acts as agent for service, though you may also name a registered agent. Our LLC Formation service, from $99, handles the filing.
Choosing the county
The county you list affects the publication cost. Consequently, choose it carefully. Publication in New York County, which is Manhattan, is often far more expensive than in many other counties.
The publication requirement
Within 120 days of formation, a New York LLC must publish a notice in two newspapers, one daily and one weekly, for six consecutive weeks. The county clerk designates the newspapers in the county where the LLC's office is located.
After publication, the newspapers provide affidavits of publication. Then the LLC files a Certificate of Publication with the Department of State. If the LLC does not comply, its authority to carry on business can be suspended. However, it can usually be cured by completing publication later.
Consequently, budget for publication costs and track the 120-day deadline.
Biennial statements and transparency rules
Every two years, New York LLCs must file a biennial statement updating their address. The fee is small, but missing it can lead to past-due status.
New York also enacted the LLC Transparency Act, with requirements taking effect in 2026. Its scope has been debated and amended. Therefore, confirm current beneficial ownership filing requirements for your LLC. Our annual report filing service helps with ongoing filings.
Your New York operating agreement
Filing with the state creates the LLC. However, the operating agreement decides how it actually works. Without one, New York's default LLC rules apply, and they may not match your deal.
What it should cover
A strong agreement sets ownership percentages and capital contributions. Moreover, it explains how profits and losses are allocated and when distributions are paid. In addition, it sets voting rules and decides whether the LLC is managed by its members or by managers.
Exits and disputes
Next, the agreement should plan for exits. For example, what happens if a member dies, divorces, becomes disabled or simply wants out? Similarly, how is a departing member's interest valued and paid? A buy-sell agreement can add detail here.
New York notes
New York law requires LLC members to adopt a written operating agreement, generally within 90 days of filing the articles. Therefore, the agreement is not optional in New York.
Our LLC Operating Agreement service drafts a New York-ready agreement, starting at $79.
New York taxes
New York LLCs taxed as partnerships pay an annual filing fee based on New York source income. In addition, members pay personal income tax on their share of profits. New York City adds its own unincorporated business tax for many LLCs doing business in the city.
Consequently, New York City LLCs face additional tax considerations. Moreover, an S corporation election is treated differently at the state and city levels. Therefore, talk to an accountant before electing.
Flat fee LLC formation pricing in New York
Our LLC Formation service starts at $99, plus state fees. Our operating agreement starts at $79. Publication costs are paid to the newspapers and vary by county.
If you need a corporation instead, our corporation formation service sets it up. For more, read our national guide to LLC formation and corporate structuring.
Common New York LLC mistakes
The most common New York mistake is missing the publication deadline. Consequently, the LLC's authority to do business can be suspended. Another is choosing a Manhattan address without realizing publication costs there are much higher.
Similarly, some owners forget the written operating agreement, even though New York requires one. Therefore, complete it within 90 days of formation.
LLC or corporation in New York?
Most small businesses in New York choose an LLC for its flexibility and simple taxes. However, a corporation is sometimes the better fit. For example, startups seeking venture capital usually need a C corporation, often formed in Delaware and registered in New York. In addition, New York corporations do not face the LLC publication requirement, which can make a corporation cheaper to form in Manhattan. Consequently, compare both before you file. Our business formation consultation walks through the trade-offs for your plans.
Protecting your liability shield in New York
An LLC protects your personal assets only if you treat it as a separate business. Courts in New York, like courts elsewhere, can disregard the LLC in serious cases of abuse. This is often called piercing the veil.
Therefore, sign contracts in the LLC's name, keep business money in a business account and keep the LLC adequately funded. In addition, carry appropriate insurance, because an LLC does not protect you from your own personal negligence. Consequently, good habits from day one keep your protection strong.
Our LLC Formation services in New York
Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in New York. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.
LLC Formation Documents in New York
Articles of organization, EIN guidance and initial resolutions (state fees extra).
Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order LLC Formation Documents — from $99 See what's included →
LLC Operating Agreement in New York
Single- or multi-member operating agreement.
Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order LLC Operating Agreement — from $79 See what's included →
Corporation Formation (C-Corp / S-Corp) in New York
Formation of your corporation: articles of incorporation, bylaws, initial resolutions, share issuance and S-election guidance.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Corporation Formation (C-Corp / S-Corp) — $999 See what's included →
Business formation consultation in New York
A confidential 45–60 minute phone or video consultation with a licensed US attorney about choosing and forming the right business entity. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Business formation consultation — $299 See what's included →
Annual Report Filing in New York
Preparation and filing of your company's annual report with the Secretary of State.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Foreign Qualification Filing (per state) in New York
Registering your company to do business in another state, including the certificate of good standing and registered agent.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Foreign Qualification Filing (per state) — $250 See what's included →
Buy-Sell Agreement in New York
A buy-sell agreement setting what happens to an owner's share on death, disability, divorce or exit — and how it is valued.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.
LLC Formation across New York — cities we serve
We work with clients in every part of New York, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow New York law and your county's local practice. Choose your city below to see local details and prices.
- New York City: LLC Formation Documents in New York City · LLC Operating Agreement in New York City · Corporation Formation (C-Corp / S-Corp) in New York City
- Brooklyn: LLC Formation Documents in Brooklyn · LLC Operating Agreement in Brooklyn · Corporation Formation (C-Corp / S-Corp) in Brooklyn
- Queens: LLC Formation Documents in Queens · LLC Operating Agreement in Queens · Corporation Formation (C-Corp / S-Corp) in Queens
- The Bronx: LLC Formation Documents in The Bronx · LLC Operating Agreement in The Bronx · Corporation Formation (C-Corp / S-Corp) in The Bronx
- Staten Island: LLC Formation Documents in Staten Island · LLC Operating Agreement in Staten Island · Corporation Formation (C-Corp / S-Corp) in Staten Island
- Buffalo: LLC Formation Documents in Buffalo · LLC Operating Agreement in Buffalo · Corporation Formation (C-Corp / S-Corp) in Buffalo
- Rochester: LLC Formation Documents in Rochester · LLC Operating Agreement in Rochester · Corporation Formation (C-Corp / S-Corp) in Rochester
- Yonkers: LLC Formation Documents in Yonkers · LLC Operating Agreement in Yonkers · Corporation Formation (C-Corp / S-Corp) in Yonkers
- Syracuse: LLC Formation Documents in Syracuse · LLC Operating Agreement in Syracuse · Corporation Formation (C-Corp / S-Corp) in Syracuse
- Albany: LLC Formation Documents in Albany · LLC Operating Agreement in Albany · Corporation Formation (C-Corp / S-Corp) in Albany
- New Rochelle: LLC Formation Documents in New Rochelle · LLC Operating Agreement in New Rochelle · Corporation Formation (C-Corp / S-Corp) in New Rochelle
- White Plains: LLC Formation Documents in White Plains · LLC Operating Agreement in White Plains · Corporation Formation (C-Corp / S-Corp) in White Plains
- Long Island: LLC Formation Documents in Long Island · LLC Operating Agreement in Long Island · Corporation Formation (C-Corp / S-Corp) in Long Island
- Ithaca: LLC Formation Documents in Ithaca · LLC Operating Agreement in Ithaca · Corporation Formation (C-Corp / S-Corp) in Ithaca
More New York services
LLC Operating Agreement in New York · Corporation Formation (C-Corp / S-Corp) in New York · Business formation consultation in New York · Annual Report Filing in New York · Foreign Qualification Filing (per state) in New York · Buy-Sell Agreement in New York. See all legal services in New York.
Nearby states
Moving between states, or is the other party elsewhere? We also cover LLC Formation Documents in New Jersey, LLC Formation Documents in Connecticut, LLC Formation Documents in Pennsylvania, LLC Formation Documents in Massachusetts, LLC Formation Documents in Vermont. See every location we cover.
Frequently asked questions
What is the New York LLC publication requirement?
Within 120 days of formation, the LLC must publish a notice in two county-designated newspapers for six consecutive weeks, then file a Certificate of Publication.
How much does LLC publication cost in New York?
It depends on the county. Publication in Manhattan is often much more expensive than in many other counties.
Does New York require an operating agreement?
Yes. New York requires LLC members to adopt a written operating agreement, generally within 90 days of filing the articles.
What happens if I do not publish?
The LLC's authority to carry on business can be suspended until publication is completed.
Do you form LLCs anywhere in New York?
Yes. We form New York LLCs and draft operating agreements for businesses statewide.
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Related guides
This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.