New York LLC costs

$200

The fee for filing the Articles of Organization is $200.

$9

Every Years: 2

First Year: 3

Domestic limited liability companies are required to file a Biennial Statement two years after the filing of the Articles of Organization with the NYS Department of State, and every two years thereafter.  The filing period is the calendar month in which the original Articles of Organization were filed by the Department of State.  Online filing is available on the Department of State’s website. The filling fee is $9. Entities who wish to receive a notice when the Biennial Statement is due for filing must provide an email address at the Department of State’s Email Address Submission/Update Service.

$50

Required: Yes

Newspaper Cost: Not verified yet.

Note: Most domestic LLCs must publish in county-clerk-designated newspapers for the quoted consecutive weeks and file the certificate with affidavits by the quoted deadline. The Arts and Cultural Affairs Law exemption is retained in the quote. The amount is the certificate filing fee only; newspaper charges and total publication cost are unknown.

Section 206 of the Limited Liability Company Law requires a copy of the Articles of Organization or a notice related to the formation of most limited liability companies to be published in two newspapers for six consecutive weeks. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located.  The newspapers charge a fee for the publication of the notice.  The information in the published notice, including the name of the LLC, must match the Department of State’s records exactly as set forth in the initial articles of organization.  The printer or publisher of each newspaper will provide you with an affidavit of publication.  A Certificate of Publication, with the affidavits of publication of the newspapers annexed thereto, must be submitted to the Department of State, with a $50 filing fee.  Failure to publish and file the Certificate of Publication with the Department of State within 120 days will result in the suspension of the LLC’s authority to carry on, conduct or transact business. Note the exemption in Section 23.03 of the Arts and Cultural Affairs Law.

$25

Expedited Handling Services: (optional) The NYS Department of State's Division of Corporations offers expedited processing of time-sensitive documents. For an additional fee, the Department of State will process a document within the following time frames for the additional fee indicated; $25.00 per document for processing within 24 hours, $75.00 per document for processing within the same day, or $150.00 per document for processing within 2 hours.

$75

Expedited Handling Services: (optional) The NYS Department of State's Division of Corporations offers expedited processing of time-sensitive documents. For an additional fee, the Department of State will process a document within the following time frames for the additional fee indicated; $25.00 per document for processing within 24 hours, $75.00 per document for processing within the same day, or $150.00 per document for processing within 2 hours.

$150

Expedited Handling Services: (optional) The NYS Department of State's Division of Corporations offers expedited processing of time-sensitive documents. For an additional fee, the Department of State will process a document within the following time frames for the additional fee indicated; $25.00 per document for processing within 24 hours, $75.00 per document for processing within the same day, or $150.00 per document for processing within 2 hours.

Note: Online filing acknowledgment and the filing receipt arrive within minutes. No separate standard review duration for mailed filings is supplied.

Online filing is available on the Department of State’s website. Within minutes of filing, you will receive an email filing acknowledgement with your filing receipt attached in PDF format. Additionally, you will have the option of requesting additional services, such as a plain copy, certified copy or certificate of existence. These documents will be attached as a PDF document to the filing acknowledgement.

Note: The pass 2 statute quotation spells the formation fee in words and is retained unchanged. The headed Department of State guide separately provides the numeric amount now used in formation.

Amount Text: two hundred dollars

(f) For filing articles of organization pursuant to section two hundred nine of this chapter, two hundred dollars.

Note: The pass 2 statutory certificate-filing fee in words is retained unchanged. The headed formation guide separately establishes the numeric certificate fee and publication rule; newspaper charges remain unknown.

Amount Text: fifty dollars

(s) For filing a certificate of publication with affidavits of publication annexed thereto pursuant to section two hundred six, eight hundred two, twelve hundred three or thirteen hundred six of this chapter, fifty dollars.

Note: A written operating agreement is required within the quoted filing-relative window; it is internal and not filed with the Department of State. No separate fee is stated.

The members of an LLC are required to adopt a written Operating Agreement.  See Section 417 of the Limited Liability Company Law.  The Operating Agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization. The Operating Agreement is the primary document that establishes the rights, powers, duties, liabilities and obligations of the members between themselves and with respect to the LLC.  The Operating Agreement is an internal document of the LLC and is not filed with the Department of State.  The law is silent on the consequences of not adopting an Operating Agreement.  The Department of State cannot provide legal advice regarding the preparation of the Operating Agreement.