New York Articles of Organization (Form DOS-1336) — Filing Guide

The Articles of Organization is the official document that creates your LLC under New York law. Filing Form DOS-1336 with the NY Department of State is the legal act of formation. The filing fee is $200. Note that formation is only the first step — you must also complete the publication requirement within 120 days.

What the Articles of Organization Includes

New York's Articles of Organization (Form DOS-1336) is remarkably simple compared to other states. Required fields under NY LLC Law Section 203:

Required information:

1. LLC Name — must include "Limited Liability Company," "LLC," or "L.L.C." and be distinguishable from existing NY entities
2. County — the county within New York where the LLC's principal office is or will be located (this determines which newspapers you must publish in)
3. Agent for service of process — the Secretary of State is automatically designated; you must provide an address where the DOS will forward process
4. Duration — perpetual (most common) or a specific dissolution date
5. Effective date — filing date (immediate) or a future date (up to 60 days out)

Optional information:

• designation of an agent for service of process (in addition to the mandatory DOS designation)
• Specific purpose or powers (if you want to limit the LLC's activities)
• Any other provisions the members wish to include

What is NOT required on the form (unlike many states):

• Member or manager names
• Management structure (member-managed vs. manager-managed)
• LLC's address (only the county is required on the form, plus the forwarding address)
• Organizer's address (only name required)

This makes NY's filing document one of the most privacy-friendly in the country — member/manager names do not appear on the public filing.

How to File

Online via NY Business Express (recommended):

1. Go to https://www.businessexpress.ny.gov/
2. Create an account or log in
3. Navigate to "File Articles of Organization for a Domestic LLC"
4. Complete the form fields
5. Pay the $200 filing fee by credit card or e-check
6. Submit — receive electronic confirmation
7. Processing time: typically 5-7 business days

By mail:

• Download Form DOS-1336 from https://dos.ny.gov/forming-limited-liability-company
• Complete the one-page form
• Mail with $200 check payable to "Department of State" to: Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
• Processing time: 2-4 weeks

By fax:

• Fax completed form with credit card authorization to (518) 474-1418
• Processing: 5-7 business days

After Filing — The Publication Requirement

Critical: Filing your Articles of Organization creates your LLC, but you are NOT done. Within 120 days, you must:

1. Publish a notice of formation in two newspapers designated by the county clerk of the county listed in your Articles (one daily, one weekly)
2. Run the notice once per week for six consecutive weeks
3. Obtain affidavits of publication from both newspapers
4. File Certificate of Publication (Form DOS-1337) with the DOS ($50 fee)

This is not optional. Failure to publish suspends your LLC's ability to bring lawsuits in New York courts. See our steps guide for the full process.

Cost

FAQ

What is the difference between Articles of Organization and a Certificate of Formation?

They serve the same purpose (creating an LLC) but are different states' names for the same document. New York uses "Articles of Organization" (Form DOS-1336). Texas uses "Certificate of Formation." Both create an LLC in their respective states.

Can I amend my Articles of Organization after filing?

Yes. File Articles of Amendment (Form DOS-1369) with the NY Department of State. The fee is $60. Common amendments: name changes, county changes, or adding/removing provisions.

Why does the form ask which county my office is in?

The county determines where you must publish your formation notice. Publication must occur in newspapers designated by the county clerk of that specific county. Choose carefully — Manhattan publication costs $1,200-$2,000 while upstate counties cost $200-$500.

Do member or manager names appear on the public filing?

No. New York's Articles of Organization do not require member or manager names. This gives NY LLCs more privacy on the state filing than most other states. However, names appear in your published newspaper notice.