Registering a business in New York means filing formation documents with the New York Department of State (DOS). Limited liability companies (LLCs) pay a $200 filing fee. Corporations pay $125. Sole proprietors and partnerships skip the DOS and file an assumed name certificate with the county clerk instead, per the DOS fee schedule.
Full compliance takes 2 to 8 weeks. The step most filers miss is the LLC publication requirement, which forces new LLCs to publish a formation notice in two newspapers within 120 days. Plan for it up front, and the rest of the process is straightforward.
How Much Does It Cost to Register a Business in New York?
Registering a business in New York costs $200 for an LLC and $125 for a corporation, both paid to the DOS. New LLCs also face the publication requirement, which adds a $50 certificate filing plus $100 to $2,000 or more in newspaper fees depending on the county. Sole proprietors pay $100 to $120 at the county clerk.
| Item | Cost | Source |
|---|---|---|
| LLC Articles of Organization | $200 | dos.ny.gov |
| Corporation Certificate of Incorporation | $125 (flat, no share tax) | dos.ny.gov |
| Name reservation (optional, 60 days) | $20 | dos.ny.gov fee schedule |
| Assumed name (DBA) for LLC/corp, state | $25 + county fee | dos.ny.gov |
| Assumed name (sole prop/partnership), county | $100–$120 in NYC | NYC311 |
| Certificate of Publication (LLC) | $50 filing + $100–$2,000+ publication | dos.ny.gov |
| Biennial Statement | $9 every 2 years | dos.ny.gov fee schedule |
| EIN | Free | irs.gov |
| Sales Tax Certificate of Authority | Free | tax.ny.gov |
| Foreign entity Application for Authority | $250 | dos.ny.gov fee schedule |
| Expedited processing | $25 / $75 / $150 | dos.ny.gov fee schedule |
New York once charged a minimum $10 organization tax on a corporation’s authorized shares under Tax Law §180. That tax was repealed effective January 1, 2015, per the New York corporate tax reform record. The incorporation fee today is a flat $125 with no share tax line.
What Are the Types of Business Entities in New York?
New York recognizes four main business structures: LLCs, corporations, sole proprietorships, and partnerships. Your choice sets the filing fee, where you file (DOS or county clerk), whether the publication requirement applies, and how profits are taxed. LLCs and corporations file with the DOS. Sole proprietors and partnerships file with the county clerk.
| Entity | Filed with | Formation fee | Default tax treatment |
|---|---|---|---|
| LLC | NY DOS (Articles of Organization) | $200 | Pass-through to members |
| Corporation | NY DOS (Certificate of Incorporation) | $125 | C-corp or S-corp election |
| Sole proprietorship | County clerk (assumed name, if trade name) | $100–$120 in NYC | Owner’s personal return |
| Partnership | County clerk (assumed name) | $100–$120 in NYC | Pass-through to partners |
An LLC gives liability protection with flexible taxation. A corporation suits founders raising capital through stock. A sole proprietorship or partnership is simplest but leaves the owner personally liable.
How Do You Register a Business in New York Step by Step?
Registration runs from entity choice to opening a bank account in ten steps. Most businesses complete the DOS filing in about 7 business days at standard speed. The steps below cover formation, tax setup, and the New York quirks that trip up first-time filers.
Step 1: Which Business Entity Should You Choose?
Choose based on liability, tax treatment, and investor plans. Pick an LLC for flexibility and pass-through tax. Pick a corporation if you plan to raise capital from investors. Pick a sole proprietorship or general partnership for simplicity, accepting that you carry personal liability for business debts. Your entity determines whether you file with the DOS or the county clerk.
Step 2: Is Your Business Name Available in New York?
Search the free DOS Corporation and Business Entity Database before filing. The same public inquiry tool verifies existing entities, showing status, formation date, and entity type. Reserving a name is optional, costs $20, and holds the name for 60 days, per the DOS fee schedule.
The database confirms whether a name is already taken, but it does not guarantee acceptability. Read our New York business entity search guide for a walkthrough, and check availability fast with the Commenda company name checker.
Step 3: Do You Need a Registered Agent in New York?
No. New York automatically designates the Secretary of State as the statutory agent for service of process for every LLC and corporation. You supply a forwarding address, and the state forwards legal documents to it. This differs from most states, where naming a private agent is mandatory.
A commercial registered agent is optional in New York. Many businesses still hire one for privacy and reliable mail handling, especially non-residents who need a local address.
Step 4: File Your Formation Documents With the NY Department of State
LLCs file Articles of Organization for $200. Corporations file a Certificate of Incorporation for $125. You can file online, by mail, or expedited. Expedited processing costs $25 for 24-hour, $75 for same-day, and $150 for 2-hour turnaround, per the DOS fee schedule. The DOS issues a filing receipt showing your official formation date.
Step 5: File a Certificate of Assumed Name With the County Clerk (Sole Props and Partnerships)
Sole proprietors and general partnerships do not file with the DOS. They file a Business Certificate (assumed name) with the county clerk where the business operates. LLCs and corporations using a DBA file with the state for $25 plus county fees. New York City county fees for a Business Certificate are below.
| NYC county (borough) | Fee | Source |
|---|---|---|
| Bronx | $100 | NYC311 |
| Kings (Brooklyn) | $120 | NYC311 |
| New York (Manhattan) | $100 | nycourts.gov |
| Queens | $100 | NYC311 |
| Richmond (Staten Island) | $120 | NYC311 |
| Certified copy | $10 each | NYC311 |
Fees vary by county outside New York City. Confirm the amount with your local county clerk before filing.
Step 6: What Is the New York LLC Publication Requirement?
New LLCs must publish a formation notice in two newspapers, one daily and one weekly, designated by the county clerk of the LLC’s office county. Publication runs six consecutive weeks and must begin within 120 days of formation under LLC Law §206. The LLC then files a Certificate of Publication with the DOS for $50.
Publication costs range from roughly $100 to $300 upstate to $1,000 to $2,000 or more in Manhattan, driven by newspaper rates. Missing the deadline suspends the LLC’s authority to do business in New York. It does not dissolve the entity, and the LLC can cure the lapse by publishing late.
Step 7: How Do You Get an EIN?
Apply free for an Employer Identification Number (EIN) at irs.gov. The online tool issues the EIN instantly for applicants with a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). Non-residents without either apply by fax or mail using Form SS-4, which takes longer (see the non-resident section below).
Step 8: Register for Sales Tax With a Certificate of Authority
Businesses selling taxable goods or services register with the NY Department of Taxation and Finance for a Certificate of Authority at least 20 days before their first sale. Registration is free through NY Business Express. Combined state and local sales tax rates run roughly 7% to 8.875%, with New York City (NYC) at 8.875%, per tax.ny.gov.
New York treats prewritten software as tangible personal property, so software sales can be taxable and count toward the state’s economic nexus threshold. Check current rates with the Commenda sales tax calculator.
Step 9: Apply for Licenses and Permits
Registration is not licensing. After forming your entity, check NY Business Express and your county for industry-specific licenses. Food service, construction, healthcare, and professional services commonly require one or more permits before you can legally operate. Not every business needs a license.
Step 10: Open a Business Bank Account
Open a dedicated business bank account using your EIN and DOS filing receipt. This separates personal and business finances and protects the liability shield your entity provides.
How Long Does It Take to Register a Business in New York?
Standard online DOS filings process in roughly 7 business days. Full compliance, including the LLC publication requirement, takes 2 to 8 weeks. The business can operate while publication runs. Expedited service compresses the DOS filing to hours.
| Milestone | Timeline | Cost | Source |
|---|---|---|---|
| Online DOS filing (standard) | ~7 business days | Included | dos.ny.gov |
| Mail filing | Several weeks | Included | dos.ny.gov |
| 24-hour expedited | 1 business day | $25 | dos.ny.gov fee schedule |
| Same-day expedited | Same day (by noon) | $75 | dos.ny.gov fee schedule |
| 2-hour expedited | 2 hours (by 2:30 p.m.) | $150 | dos.ny.gov fee schedule |
| EIN online | Instant | Free | irs.gov |
| LLC publication | ~6 weeks | $50 + newspaper fees | dos.ny.gov |
What Is the New York Biennial Statement Filing?
LLCs and corporations file a Biennial Statement with the DOS every two years, in the anniversary month of formation, for $9 through the DOS e-Statement online system. The filing updates the address the state uses for service of process. License renewals and state tax payments are separate ongoing obligations that keep the business in good standing.
How Do Non-Residents Register an LLC in New York?
Yes, non-US residents can form a New York LLC or corporation. There is no citizenship or residency requirement to own or manage the entity. The friction points are practical, not legal. The main hurdles are the EIN, a New York forwarding address, and US banking.
Non-residents without an SSN or ITIN cannot use the online EIN tool. They apply by fax or mail with Form SS-4, which takes longer. They also need a New York address for service of process, commonly solved with a registered agent service. A business already formed in another state registers here as a foreign entity through an Application for Authority, which costs $250 per the DOS fee schedule.
Do You Need a Business License in New York?
Registration establishes the legal entity. A license authorizes specific activities, and not every business needs one. Forming an LLC or corporation with the DOS does not by itself grant permission to run a regulated activity like food service or healthcare. Confirm which permits apply to your industry through NY Business Express before you begin operating.
How Commenda Simplifies New York Business Registration
New York registration has more moving parts than most states: the DOS filing, the county clerk routing for sole proprietors, the publication requirement, and the biennial statement. Commenda’s incorporation service handles entity selection, DOS filing, the publication requirement, and biennial statement tracking, and supports multi-state and international registration through entity management. Every filing is tracked, and every deadline is handled.
Keep your ongoing obligations visible with the Commenda compliance calendar, which auto-generates state deadlines once your entity details are entered. Book a demo to get your New York entity filed and your publication deadline tracked.
