Steps to Form a New York LLC — Complete Walkthrough

Forming a New York LLC involves more steps than most states because of the mandatory publication requirement. Here is the complete process from start to finish. For the overview, see our main New York LLC formation guide.

Step 1: Search for Name Availability

Check if your desired LLC name is available on the NY Department of State records:

1. Go to https://appext20.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_SEARCH_ENTRY
2. Search by entity name
3. Verify no existing entity has a confusingly similar name
4. Your name must include "Limited Liability Company," "LLC," or "L.L.C." (NY LLC Law Section 204)

Restricted words requiring regulator approval:

• Financial terms (bank, trust, insurance) — Department of Financial Services
• Medical/professional terms (doctor, medical) — Education Department
• Words implying government affiliation — prohibited

See our name search guide for detailed strategies.

Step 2: Reserve Your Name (Optional)

File an Application for Reservation of Name with the DOS:

• Fee: $20
• Duration: 60 days
• Renewable for additional 60-day periods ($20 each)

See our name reservation guide.

Step 3: File Articles of Organization (Form DOS-1336)

File online via NY Business Express (https://www.businessexpress.ny.gov/) or by mail to the Division of Corporations in Albany.

What you need:

• LLC name with proper designator
• County where principal office is located (this determines your publication county)
• Address where the DOS should forward service of process (your address or your agent's address)
• Optional: designation of an agent for service of process for direct service

Fee: $200 Processing: 5-7 business days online, 2-4 weeks by mail

See our Articles of Organization guide for form details.

Step 4: Complete the Publication Requirement

This is the critical step unique to New York. Within 120 days of filing your Articles:

1. Contact the county clerk of the county listed in your Articles of Organization
2. Obtain the list of designated newspapers for legal notices in that county
3. Arrange publication with one daily newspaper and one weekly newspaper
4. Content of the notice (per NY LLC Law Section 206):
   • LLC name
   • Date Articles were filed
   • County of LLC's office
   • That the Secretary of State is designated as agent for service
   • Address to which the DOS should mail process
   • LLC's purpose (or "any lawful act or activity")
5. Publication runs once per week for six consecutive weeks in both newspapers
6. Obtain affidavits of publication from each newspaper after the 6 weeks complete
7. File Certificate of Publication (Form DOS-1337) with the NY DOS — attach both affidavits and pay $50 fee

Timeline: At minimum 6 weeks for publication + processing time for the Certificate = 7-9 weeks total.

Cost saving tip: If you have flexibility in choosing your office county, upstate counties (like Albany, Erie, Monroe) have publication costs of $200-$500 vs. Manhattan's $1,200-$2,000.

Step 5: Adopt a Written Operating Agreement

NY LLC Law Section 417 requires a written operating agreement within 90 days of filing Articles of Organization. This is not optional in New York.

Required contents (per Section 417):

• Rights and duties of members and managers
• Allocations of profits and losses
• Rules for meetings and voting
• Transfer restrictions on membership interests
• Procedures for admitting new members
• Events causing dissolution

See our operating agreement guide.

Step 6: Get Your EIN

Apply for an Employer Identification Number from the IRS (free, immediate online). See our EIN guide.

Step 7: Post-Formation Compliance

• Open a business bank account
• Register for NY state tax accounts (if applicable) — see our tax guide
• Obtain required business licenses
• Set a reminder for your Biennial Statement (due every 2 years in your anniversary month, $9)
• File your first NY IT-204-LL (filing fee based on NY-source income) if applicable

Timeline Summary

Total time from start to fully compliant: 10-14 weeks (mainly due to the publication requirement).

FAQ

Can I skip the publication requirement?

No. It is mandatory under NY LLC Law Section 206. However, the consequence of non-publication is suspension (inability to sue in NY courts), not dissolution. Your LLC continues to exist and can still conduct business — you just cannot initiate lawsuits until publication is complete.

Can I do business before completing publication?

Yes. Your LLC legally exists upon filing the Articles of Organization. You can open bank accounts, sign contracts, and transact business immediately. The only restriction from non-publication is the inability to bring lawsuits in NY courts.

Which county should I list on my Articles?

The county where your principal office is located. If you work from home, that is your home county. This decision matters because it determines your publication costs. If you have flexibility (e.g., coworking space options in different counties), choosing a county with cheaper publication can save $500-$1,500.