New York Secretary of State
Form your New York LLC, Corporation, or Nonprofit with chat-first AI business formation. State filing, registered agent, EIN, and ongoing compliance workflows — connected from the start.
New York Business Filing Overview
The Department of State — Division of Corporations is the state authority responsible for registering LLCs, corporations, nonprofits, and other business entities in New York. The standard LLC formation fee is $200 with a processing time of 5-7 days. Online filing is available.
New York Entity Requirements
State-specific governance rules for New York LLCs, Corporations, and Nonprofits.
Members
| Minimum required | 1 |
|---|---|
| Residency required | No |
Management Structure
| Default | Member Managed |
|---|
Member-managed unless the articles of organization provide for manager management
Operating Agreement
| Required to file | Yes |
|---|
New York requires an operating agreement; not filed with the state
Annual Meeting
| Required | No |
|---|
No statutory annual meeting requirement for LLCs
Formation Filings in New York
These are the primary documents filed with the Department of State — Division of Corporations to create a new legal entity. Each entity type has different requirements, fees, and processing times.
Articles of Incorporation
Corporation| Agency: | Department of State |
|---|---|
| Filing Fee: | $125 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
| Expedited: | Yes — $150 for 24 hours processing |
New York corporations have a publication requirement — a 6-week weekly newspaper publication costing $400–$1,500 depending on county.
What to know
- Includes authorized shares and par value
- Names the registered agent
- Sets the corporation's purpose
Articles of Organization
LLC| Agency: | Department of State |
|---|---|
| Filing Fee: | $200 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
| Expedited: | Yes — $150 for 24 hours processing |
New York LLCs must publish a notice of formation in two newspapers for 6 consecutive weeks within 120 days of formation — typically costing $400–$2,000 depending on county. New York County (Manhattan) publication can exceed $1,500.
What to know
- Names the registered agent and required filing contact information
- Sets the registered office address
- May include an optional effective date
Articles of Incorporation (Nonprofit)
Nonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $75 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
Must register with NY AG Charities Bureau before soliciting. Annual CHAR500 filing required.
What to know
- Public benefit purpose statement required
- Asset dedication language for IRS
- Members or directors structure
Foreign Qualification
LLCCorporation| Agency: | Department of State |
|---|---|
| Filing Fee: | $250 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
New York foreign LLCs must publish a notice of qualification in two local newspapers.
What to know
- Required when operating, hiring employees, or owning property in another state
- Needs Certificate of Good Standing from home state
- Creates registered agent and annual report obligations in the new state
Ongoing Compliance in New York
After formation, New York entities must maintain ongoing filings to remain in good standing. Missing deadlines can result in late fees, administrative dissolution, and loss of liability protection.
Annual Report
LLCCorporationNonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $9 + processing fee if filing online |
| Processing Time: | Immediate |
| Filing Method: | Online or Mail |
| Due Date: | Anniversary month (biennial) |
| Filing Period: | Biennial |
New York LLCs and corporations file biennial statements every two years. Fee is $9.
What to know
- Due date varies by state (often anniversary date or fixed month)
- Filing fees range $10–$825 by state
- Failure to file results in administrative dissolution
Amendment to Formation Documents
LLCCorporationNonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $60 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
What to know
- Board or member approval typically required
- Certified copy may be needed for banks and contracts
- Most states allow online amendment filing
Articles of Dissolution
LLCCorporationNonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $60 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
| Tax Clearance: | Not required |
What to know
- May require tax clearance before filing
- Assets must be distributed before dissolution
- Protects against future liability claims
Change of Registered Agent
LLCCorporationNonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $60 + processing fee if filing online |
| Processing Time: | 5-7 days |
| Filing Method: | Online or Mail |
What to know
- Must be maintained at all times
- Registered agent must be available during business hours
- Can be an individual or registered agent service
Document Retrieval in New York
Certified documents from the Department of State — Division of Corporations are often required by banks, investors, lenders, and for foreign qualification in other states.
Certificate of Good Standing
LLCCorporationNonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $25 + processing fee if filing online |
| Processing Time: | 1-2 days |
| Filing Method: | Online or Mail |
What to know
- Required by most banks when opening accounts
- Needed for foreign qualification in other states
- Typically valid for 30–90 days
Apostille
LLCCorporationNonprofit| Agency: | Department of State |
|---|---|
| Filing Fee: | $10 |
| Processing Time: | 3-5 days (Albany) / same day (NYC) |
| Filing Method: | Mail Only |
What to know
- Required for international business expansion
- Issued by Secretary of State office
- Attaches to formation documents and good standing certificates
New York Tax Snapshot
Understanding New York's tax environment is critical for choosing the right formation state and planning your entity's ongoing obligations.
New York LLCs and corporations must publish a formation notice in two newspapers for 6 consecutive weeks — a unique requirement that can cost $400–$2,000+ depending on county. Individual income tax rates range from 4–10.9%. NYC residents pay an additional 3.078–3.876%. Corporate franchise tax 6.5%.
New York Agency Directory
Key government agencies for New York business formation, tax registration, and employer compliance.
Department of State — Division of Corporations
Primary filing authority for New York business entities
Department of State — Division of Corporations
Entity formation, biennial statements
New York State Department of Taxation and Finance
Corporate franchise tax, sales tax, income tax, withholding
New York Department of Labor
Unemployment insurance, employer registration
NY AG — Charities Bureau
Nonprofit charitable registration, annual CHAR500
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