Neither option exempts you from state requirements. Every New York LLC must publish a notice of formation in two county-designated newspapers within 120 days of formation, submit a Certificate of Publication with a $50.00 state fee, and file a Biennial Statement every two years with a $9.00 fee. Furthermore, obtaining an Employer Identification Number (EIN) is $0 (free) directly from the IRS, meaning you should never pay a third party for an EIN.
New York LLC Requirement Fact Table
| Requirement / Item | Official Fee | Deadline / Schedule |
|---|---|---|
| Articles of Organization | $200.00 | Prior to commencing business |
| Newspaper Publication | Varies by county rates | Within 120 days of formation |
| Certificate of Publication | $50.00 | Post-publication (within 120 days) |
| Biennial Statement | $9.00 | Every 2 years during anniversary month |
| Annual Tax Filing (Form IT-204-LL) | $25.00 to $4,500.00 | 15th day of 3rd month post tax year |
| Employer Identification Number (EIN) | $0.00 (free) | Post-entity formation |
| Federal BOI Reporting | $0.00 (Exempt) | N/A for domestic US LLCs |
| NY LLC Transparency Act Disclosure | $0.00 (Exempt) | N/A for domestic US LLCs |
Business Formation Routes (listed alphabetically, not ranked)
| Route / Provider | Base Package Fee (as of 2026) | Registered Agent Fee | Best Suited For |
|---|---|---|---|
| Bizee | $0 plus state fee | Included 1st year ($119/yr after) | Business owners looking for low upfront package pricing. |
| Direct NYS DOS Filing (DIY) | $0 service fee ($200 state fee only) | Self-designated ($0) or third-party agent | Owners comfortable managing state and county filings directly. |
| LegalZoom | $0 plus state fee | $249/year | Founders seeking legal document bundles alongside formation. |
| Northwest Registered Agent | $39 plus state fee | $125/year | Owners placing top priority on privacy and corporate guidance. |
| Rocket Lawyer | $0 plus state fee (with membership) | $249.99/year (50% off with membership) | Founders wanting ongoing legal consultation alongside filing. |
| Tailor Brands | $0 plus state fee | $199/year | Business owners looking for automated branding tools. |
| ZenBusiness | Starter $0 plus state fee (Pro $199/yr, Premium $299/yr) | $99 1st year ($199/yr standard) | Owners wanting guided compliance tools and deadline reminders. |
Understanding the New York LLC Formation Process
Forming a domestic New York LLC requires submitting Articles of Organization to NYS DOS along with the $200.00 filing fee. When preparing the Articles, you must designate the New York county where the LLC office will be located. In New York City, boroughs map directly to counties: Manhattan maps to New York County, Brooklyn to Kings County, Queens to Queens County, the Bronx to Bronx County, and Staten Island to Richmond County. Choosing your county office location determines which local newspapers your publication notices must run in, directly impacting publication expenses.
Registered Agent and Service of Process Requirements
By law, the New York Secretary of State is designated as the primary agent upon whom service of process against the LLC may be served. The LLC must provide a forwarding address for legal notices. Additionally, an LLC may appoint a commercial registered agent with a physical street address in New York. If you file DIY and list your personal home or office address, that address becomes part of the permanent public record. Using a registered agent service keeps your personal address off public databases.
Publication Requirements and Ongoing Compliance
Section 206 of the New York Limited Liability Company Law requires publishing notice of formation in two newspapers designated by the county clerk within 120 days of formation. Following six consecutive weeks of publication, you file a Certificate of Publication alongside a $50.00 state fee. Failure to publish within 120 days suspends your LLC's authority to conduct business in New York.
For ongoing maintenance, LLCs must submit a Biennial Statement every two years with a $9.00 fee. New York also imposes an annual tax fee filed on Form IT-204-LL, ranging from $25.00 minimum up to $4,500.00 based on New York source gross income.
After state formation, you should apply for an EIN. An entity must be formed with the state before applying for an EIN. An EIN is free directly from the IRS ($0), so you should never pay a third party for an EIN. Under current rules, domestic US-formed LLCs are exempt from federal BOI reporting and state NY LLC Transparency Act filings.
Choosing Between DIY and a Formation Service
Both paths result in the exact same legal entity. Choosing DIY is the best call if you are comfortable navigating the NYS DOS online system, contacting county clerks for publication instructions, and serving as your own registered agent.
Using a service makes sense if you prefer guided filing and automated compliance tracking. For owners who want ongoing compliance management, ZenBusiness provides a Starter tier at $0 plus state fee, Pro at $199 per year, and Premium at $299 per year. Registered agent service is available separately for $199 per year across all tiers, discounted to $99 for the first year when forming through them.
This site earns a commission on some provider links, which supports our research without influencing recommendations or state filing facts.
Frequently Asked Questions
What are the New York LLC Articles of Organization filing fee, publication requirement, and biennial statement rules?
The Articles of Organization filing fee is $200.00 paid directly to NYS DOS. LLCs must publish notice in two county newspapers within 120 days and file a Certificate of Publication with a $50.00 fee. LLCs must also file a Biennial Statement every two years with a $9.00 fee.
What is required for the Certificate of Publication for a domestic limited liability company within 120 days?
Within 120 days of formation, a domestic LLC must publish notices in two county clerk designated newspapers once weekly for six weeks, then file the Certificate of Publication and newspaper affidavits with a $50.00 state fee. Missing the 120 day deadline suspends authority to do business in New York.
How does the New York LLC registered agent service of process Secretary of State system work?
The New York Secretary of State is designated by default as the agent for service of process. The LLC must supply a mailing address for legal notices. LLCs can also appoint a third-party registered agent with a physical New York address to receive process and maintain address privacy.
Sources
- Internal Revenue Service, “Get an employer identification number”
- Financial Crimes Enforcement Network, “Beneficial Ownership Information Reporting”
- New York State Department of State, Division of Corporations, “Forming a Limited Liability Company in New York”
- New York State Department of State, Division of Corporations, “Biennial Statements for Business Corporations and Limited Liability Companies”
- New York State Department of State, Division of Corporations, “Beneficial Ownership Disclosure”
- New York State Department of Taxation and Finance, “Partnership, LLC, and LLP annual filing fee”
This article provides general information rather than legal advice, as business requirements vary by state and change over time.