In New York the starting document is the Articles of Organization, filed with the Department of State's Division of Corporations in Albany. The fee is $200. The New York office guide covers searches, contacts and other filings. This page describes the filing and is not legal advice.
New York has one step many states lack. After the articles are filed, the LLC has to publish. Our articles of organization guide compares formation across states, and the articles of incorporation guide covers the corporation side.
What is the New York LLC form called?
The filing is the Articles of Organization, made under Section 203 of the Limited Liability Company Law. The state also has a version for professional service LLCs. Organizers prepare, sign and file the articles, and an organizer can be any person or business entity.
For a corporation, the Department of State uses a Certificate of Incorporation instead.
| LLC form | Articles of Organization (Section 203 of the LLC Law) (dos.ny.gov, checked ) |
|---|---|
| State filing fee for an LLC | $200 (dos.ny.gov, checked ) |
| State filing fee for a corporation | $125 (dos.ny.gov, checked ) |
| Filing online | Yes, with an emailed filing receipt within minutes (dos.ny.gov, checked ) |
| Faster processing | $25.00 in 24 hours, $75.00 the same day, $150.00 in 2 hours, per document (dos.ny.gov, checked ) |
| Worth knowing | Within 120 days, publish in two newspapers, then file a Certificate of Publication (dos.ny.gov, checked ) |
| Faster processing (all filings) | 2 hours: $150; same day: $75; 24 hours: $25 (dos.ny.gov, checked ) |
| Where to file online | filings.dos.ny.gov/ords/r/corpanc/ecorp/ecorphome (dos.ny.gov, checked ) |
How much does it cost, and how do you file?
The fee is $200 for the articles. File online, or send the signed articles with the fee to the Division of Corporations at One Commerce Plaza, 99 Washington Avenue, Albany. Online filers receive a PDF receipt by email within minutes and can order extras such as a plain copy, certified copy or certificate of existence at the same time.
For paper filings, money orders, MasterCard, Visa and American Express are preferred. Make money orders payable to the Department of State. To pay by card, add the signed credit card authorization form.
What does expedited handling cost?
Expedite is optional and is paid per document, on top of the filing fee.
- Within 24 hours: $25
- Same day: $75
- Within 2 hours: $150
The Department does not publish a standard processing time on the pages checked, so use expedite if you have a firm date.
What is the New York publication requirement?
Within 120 days of the articles taking effect, the LLC must publish in two newspapers a copy of the articles or a notice about the formation. The county clerk designates the newspapers. Then the LLC files a Certificate of Publication, with affidavits from both papers attached, for a fee of $50.
Check the Department of State's publication page for the consequences of filing late. The newspaper charges are separate from state fees and not set by the state. Budget for them before you file.
Names and the operating agreement
The LLC name must include the words Limited Liability Company or the abbreviation LLC or L.L.C. It must be distinguishable from other LLC, corporation and limited partnership names on file. Some words need approval from other state agencies.
Name availability needs a written inquiry at $5 per name. The online database is for status checks and should not be read as a green light. The Department's answer applies only to the date and time of the search.
Members must adopt a written operating agreement, within 90 days after the articles are filed at the latest. The state does not receive it.
After the filing
Check the filing receipt. It shows the filing date, the LLC name and a list of the fees paid, and the state does not issue duplicates if you lose it. New York LLCs later file a biennial statement, not an annual report. Our New York certificate of good standing page shows what the state calls proof of status.
If you want help, you can ask our private filing service. State fees are separate, and you can file with the Department of State yourself.
Sources
- dos.ny.gov/fee-schedules: LLC filing fee, corporation filing fee, expedite fees. Checked .
- dos.ny.gov/e-corp-online-filing-system: online filing. Checked .
- dos.ny.gov/articles-organization-domestic-limited-liability-company-0: llc form, filing online, faster processing. Checked .
- dos.ny.gov/certificate-publication-domestic-limited-liability-company-0: worth knowing. Checked .