Short answer
File one document, the Articles of Organization (Form DOS-1336-f), with the New York Secretary of State. The fee is $200[2]. New York makes the Secretary of State every LLC's agent for service of process by law, so naming a separate registered agent is optional.
Mainstay Filing does the New York filing for $199 a year; the state's $200 is added at cost[1].
- State filing fee
- $200
- Form
- Form DOS-1336-f
- Filed with
- New York Secretary of State
- Registered agent required
- Optional; the Secretary of State is the agent by law
- Periodic report
- Every two years, $9
- Other states’ fees
- 42 lower, 6 higher
Updated October 29, 2026. State fees from official sources.
017 steps, in order
New York asks for one formation filing. Everything else on this list is either done before that filing or follows from it.
- Search the register. Before filing, look the name up on the New York Secretary of State site[3]. A name too close to an existing New York entity will be rejected.
- Give an address for legal papers. The Articles designate the Secretary of State as the LLC's agent for service of process and list the address where the state should mail any papers it receives[4]. A registered agent is optional. If one is designated: a person who lives in New York or has a business address there, an LLC formed or authorized in New York, or a corporation formed or authorized in New York.
- File with the state. The document is the Articles of Organization (Form DOS-1336-f); the fee is $200, paid to the New York Secretary of State[2].
- Publish notice of formation. New York LLC Law § 206 requires a new LLC to publish a copy of its articles, or a notice, in two newspapers designated by the county clerk, once a week for six weeks, within 120 days of formation. A Certificate of Publication then goes to the Department of State. If this is not done, the Department suspends the LLC's authority to do business until the certificate is filed. Newspaper charges are paid to the papers, not the state, and vary by county.[7] Filing the Certificate of Publication with the Department of State costs $50.[8]
- Put the owners' terms in writing. An operating agreement records who owns what share and who manages the company. The New York filing itself does not include it.
- Request an EIN. This federal tax number comes from the IRS, not from New York, and most banks ask for it before opening an account.
- Mark the report deadline. New York LLCs file the Biennial Statement every two years ($9)[5]. The deadline: during the calendar month in which the Articles of Organization were filed, every 2 years[6].
02What gets filed: Form DOS-1336-f
The formation document in New York is the Articles of Organization (Form DOS-1336-f). It is filed with the New York Secretary of State[2].
The governing text:
A limited liability company is formed at the time of the filing of the initial articles of organization with the department of state
NY Limited Liability Company Law § 203 (articles of organization)[2].
Once the New York Secretary of State accepts the filing, the LLC exists and its record, including the agent for service of process details, appears in the state's public business search.
03How many new businesses New York sees
Business applications in New York reached 301,047 in 2025, the 4th highest count among the states and D.C. Through Jan-Sep 2026 the count stood at 255,797, a 12% change on the year before.
These are IRS employer-ID applications, so they include sole proprietors and corporations as well as LLCs. New York does not publish a comparable monthly LLC count.
04Two ways to file
Mainstay Filing prepares and submits the Form DOS-1336-f for $199 a year plus the $200 state fee, which it passes through at cost[1]. The same yearly price covers its service as registered agent, the EIN application and the Biennial Statement each time it is due, and it does not rise at renewal.
The New York Secretary of State accepts filings from owners directly. Its $200 fee does not change based on who submits the document.
05What it costs to form an LLC in New York
At $200, New York's fee is above the 50-state median of $100. Among the other states, 42 states charge less and 6 charge more.
| Item | Amount | Source |
|---|---|---|
| State filing fee | $200 | [2] nysenate.gov, updated October 29, 2026 |
| Biennial Statement | $9 every two years | [5] dos.ny.gov, updated October 29, 2026 |
| Filing service, Mainstay Filing | $199 a year plus state fees | [1] Mainstay Filing, updated October 29, 2026 |
| Registered agent service (if hired) | $149 a year at Mainstay Filing; $99 to $249 first year elsewhere | 5 other services' published prices, updated October 29, 2026 |
Only the state fee is required. Skipping the optional agent costs nothing in state fees.
| State | LLC filing fee | Periodic report |
|---|---|---|
| Connecticut | $120 | $80 yearly |
| Massachusetts | $500 | $500 yearly |
| New Jersey | $100 | $75 yearly |
| Pennsylvania | $125 | $7 yearly |
| Vermont | $155 | $45 yearly |
Same source set as above, one statute or fee schedule per state, verified August 12, 2026.
06Questions
How much does it cost to form an LLC in New York?
The state fee is $200 for the Articles of Organization (Form DOS-1336-f)[2]. After that, the Biennial Statement costs $9 every two years.
Do I need a registered agent to form an LLC in New York?
New York makes the Secretary of State every LLC's agent for service of process by law, so naming a separate registered agent is optional. An owner who lives in New York or has a business address there can be designated as registered agent, but no designation is needed: the Secretary of State already accepts service for every New York LLC.
Can someone else handle the New York filing?
Yes. Mainstay Filing prepares and files New York LLCs for $199 a year plus the $200 state fee[1]. That also covers its registered agent service, the EIN application and the Biennial Statement, at the same price each year.
Who files the formation document in New York?
The New York Secretary of State. Its website: dos.ny.gov/.
Does a New York LLC have to publish a notice?
New York LLC Law § 206 requires a new LLC to publish a copy of its articles, or a notice, in two newspapers designated by the county clerk, once a week for six weeks, within 120 days of formation. A Certificate of Publication then goes to the Department of State. If this is not done, the Department suspends the LLC's authority to do business until the certificate is filed. Newspaper charges are paid to the papers, not the state, and vary by county. Filing the Certificate of Publication with the Department of State costs $50.
Sources
- Mainstay Filing pricing, registered agent and FAQ pages. Updated October 29, 2026.
- NY Limited Liability Company Law § 203 (articles of organization); § 1101 (fee: 'For filing articles of organization pursuant to section two hundred nine of this chapter, two hundred dollars'). www.nysenate.gov/legislation/laws/LLC/203. Updated October 29, 2026.
- New York Secretary of State. dos.ny.gov/. Updated October 29, 2026.
- NY LLC Law § 301 (Secretary of State is every LLC's mandatory agent for service of process) and § 302 (optional registered agent). www.nysenate.gov/legislation/laws/LLC/302. Updated October 29, 2026.
- New York Department of State, Division of Corporations, State Records and Uniform Commercial Code: Biennial Statement rules and fee. dos.ny.gov/biennial-statements-business-corporations-and-limited-liability-companies. Updated October 29, 2026.
- N.Y. Limited Liability Company Law § 301(e). www.nysenate.gov/legislation/laws/LLC/301. Updated October 29, 2026.
- New York LLC Law § 206 (publication). www.nysenate.gov/legislation/laws/LLC/206. Updated October 29, 2026.
- New York Department of State, Certificate of Publication (Domestic LLC). dos.ny.gov/certificate-publication-domestic-limited-liability-company-0. Updated October 29, 2026.
- U.S. Census Bureau, Business Formation Statistics (state annual and monthly series). www.census.gov/econ/bfs/index.html. Updated October 29, 2026.