Series LLC in New York — Not Available

New York has not enacted Series LLC legislation. Unlike Texas (BOC 101.601-101.621), Delaware (6 Del. C. 18-215), or Illinois (805 ILCS 180/37-40), New York does not authorize the creation of internal series with separate liability shields within a single LLC. See all LLC types or our formation guide.

What This Means for NY Businesses

If you need liability isolation between different business activities or properties in New York, you must form separate LLCs — each with its own:

• Articles of Organization ($200 per LLC)
• Publication requirement ($300-$2,000 per LLC)
• Biennial Statement ($9 per LLC every 2 years)
• IT-204-LL filing fee ($25+ per LLC)
• Operating agreement
• EIN
• Bank account

Cost comparison for 5 properties:

• Texas Series LLC: $300 (one filing), one franchise tax report, one agent for service of process
• New York separate LLCs: 5 x $200 = $1,000 filing + 5 x publication costs ($1,500-$10,000) + 5 x $25 annual fees = massive cost difference

Alternatives to Series LLC in New York

Multiple separate LLCs: The standard approach. Full liability isolation, universally recognized, but expensive in NY due to publication.

Holding company structure: One LLC owns membership interests in multiple operating LLCs. Adds management efficiency but each sub-LLC still needs separate formation, publication, and annual filings.

Single LLC with strong insurance: One LLC for all activities, with robust general liability, umbrella, and professional liability insurance. Less legal protection than separate entities but far cheaper.

Form Series LLC in another state (caution): You could form a Series LLC in Texas or Delaware and register as a foreign LLC in NY. However: (1) NY does not recognize series liability separation because it has no series statute, (2) NY courts may not honor the series shield, (3) you pay $750 foreign registration in NY. This strategy is unreliable for NY-based operations.

FAQ

Will New York adopt a Series LLC statute?

There have been periodic proposals, but as of 2026, no Series LLC legislation has been enacted. The NY State Bar Association has studied the issue without recommending adoption. Do not count on future enactment.

Can I use a Delaware Series LLC for NY real estate?

Risky. Since NY has no Series LLC statute, NY courts have no obligation to recognize the internal liability shields of an out-of-state Series LLC. If you own property in NY through a series, a NY court may pierce the series separation. For NY real estate, separate NY LLCs remain the safer approach.

Is there a cheaper alternative to separate LLCs for each property?

The cheapest legal protection: choose your county strategically for lower publication costs, form LLCs in affordable counties (upstate NY at $200-$400 publication), and negotiate newspaper rates. Some owners accept the risk of a single LLC with strong insurance for smaller portfolios and only separate when the portfolio grows large enough.