- Usual entity
- LLC or corporation
- LLC publication
- Required, cost varies by county
- Biennial statement
- Required
- Registered agent
- New York address required
Form a company in New York
A strong operating state with one requirement nobody expects: an LLC must publish notice of its formation in two newspapers, and the cost depends on the county.
- Country
- United States
- Usual entity
- LLC or corporation
Why founders choose New York, and when they should not.
New York is a substantial market and a perfectly good place to form a company that operates there. It also has a requirement that surprises nearly every first time filer: a newly formed LLC must publish notice of its formation in two newspapers designated by the county of its office, for six consecutive weeks, and then file a certificate of publication.
The cost of that depends entirely on the county, and in Manhattan it can exceed the cost of the formation itself several times over. It is entirely legal to have the LLC's office in a different New York county, which is the standard way this is managed, and choosing that county thoughtfully is genuinely part of the formation work.
Who New York fits.
New York usually suits
- Businesses with premises, staff or clients in New York
- Professional service firms serving the New York market
- Property holding entities for New York real estate
On fees. Government filing fees are set by the jurisdiction and change without notice, sometimes mid year. We quote the current fee for your specific filing at intake, confirmed against the authority on the day, rather than publishing a figure here that may be stale by the time you read it. Our own service fee is on the pricing page and does not change.
- Order matters
- Doing these out of sequence causes rework
Filing in New York, step by step.
The sequence specific to New York, including the parts that differ from other jurisdictions.
County
Decide the county of the LLC's office before filing, because it determines which newspapers you must publish in and therefore what publication will cost
This is a legitimate planning decision and it belongs at the start.
Name
Check availability with the Department of State
Articles
File the Articles of Organization, naming the county of the office
Publication
Publish notice in two newspapers designated by that county, once a week for six consecutive weeks
Certificate
File the Certificate of Publication with the affidavits from both newspapers
Until this is done the LLC's authority to carry on business can be suspended.
- Missing one
- How we track these
What a New York entity owes each year.
| Obligation | Who wants it | When and how much |
|---|---|---|
| Biennial statement | Department of State | Every two years, confirming the address for service of process |
| Publication | One off, at formation | Not recurring, but it must be completed or the LLC's authority can be suspended |
| Registered agent | Your agent | Annually |
| Sales tax | Department of Taxation and Finance | If you sell taxable goods or services in New York |
- Honest comparison
- Including where another jurisdiction wins
New York LLC against New York corporation
New York is one of very few states where the entity choice can be driven by a procedural rule rather than by tax or governance. The publication requirement applies to LLCs and not to corporations.
In a low cost county the difference is modest and the ordinary reasoning applies: an LLC for most owner operated businesses. In Manhattan the publication cost can be several times the formation fee, at which point a corporation becomes worth pricing seriously even for a business that would otherwise never consider one.
The usual answer is neither. It is to locate the LLC's office in a different New York county, which is entirely legitimate and is what most New York formations do. Making that choice deliberately at the start costs nothing. Discovering it after filing costs the difference.
What people get wrong about New York
Failure to complete it can suspend the LLC's authority to carry on business in the state. It is not a formality that quietly lapses.
The same requirement can cost a modest amount or a very large one depending on where the LLC's office is located. Planning that is legitimate and worth doing before filing, not after.
The publication rule applies to LLCs. This occasionally makes a corporation the cheaper structure in New York, which is unusual and worth checking.
New York questions
It depends on the county and the newspapers designated there, and the range is wide. We price it for your intended county before you file so there is no surprise.
No. The consequence is suspension of the LLC's authority to carry on business in New York.
Sometimes, precisely because the publication requirement does not apply. It is one of the few states where that comparison changes the answer.
Forming in New York?
We will confirm the entity, the current government fee and the realistic timeline before anything is filed.