How do you form an LLC in New York State?

A New York LLC is created by filing articles of organization with the New York Department of State, which keeps the state's business entity register. New York also requires a publication step, where formation notice must be published in newspapers designated by the county clerk.

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How it works

The filing names the LLC, its county and a registered agent for service of process, and the Department of State issues confirmation once it is accepted. The publication requirement runs for a set number of weeks after filing, and an affidavit of publication is then filed to complete the process.

Commonly mixed up with

Forming an LLC is not the same as registering for tax. Federal and state tax registrations are separate steps handled by different agencies.

How do you form an LLC in New York State?

How do you form an LLC in New York State?
Knowledge, New YorkBusiness and finance
Short answerA New York LLC is created by filing articles of organization with the New York Department of State, which keeps the state's business entity register. New York also requires a publication step, where formation notice must be published in newspapers designated by the county clerk.
How it worksThe filing names the LLC, its county and a registered agent for service of process, and the Department of State issues confirmation once it is accepted. The publication requirement runs for a set number of weeks after filing, and an affidavit of publication is then filed to complete the process.
Commonly mixed up withForming an LLC is not the same as registering for tax. Federal and state tax registrations are separate steps handled by different agencies.
Last reviewed2026-08-08

Short questions

Is publication required in every county?
Publication is a statewide requirement, though the designated newspapers vary by county.
Do LLC members have to live in New York?
Residence is not required for members or managers.
Is the entity register public?
Filed entity information is available through the Department of State.
How long does filing take?
Processing time varies, and expedited service is available for a fee.
Where are the rules?
The New York Department of State publishes LLC formation guidance.

Sources

More in this track

All New York questions · Knowledge, New York

These pages explain how the rules work and link the authority that owns them. They are not legal, tax or immigration advice, and amounts and thresholds change, so open the source before you act.

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Machine-readable summaries for AI agents: /llms.txt and /llms-full.txt.