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Business entity formation (LLC / Corp): New York City restaurant guide

NY Department of State

What it is

Your legal operating entity — needed to sign the lease, open bank accounts, and hold every other license on this list.

When a restaurant needs it

Every business (unless operating as a sole proprietor under your own name).

How to apply

File Articles of Organization with the NY Department of State, Division of Corporations (online, mail, fax or in person), then complete the LLC publication requirement.

Documents you’ll need

Founder photo ID
Chosen entity name
Registered agent / address for service of process
Affidavits of publication (LLCs)

Fee

$200 to file Articles of Organization (LLC); $50 to file the Certificate of Publication

Processing time

Online filings are typically processed quickly; publication takes 6 weeks

Renewal

Biennial statement (LLCs & corps)

Who files

Any organizer may file — the owner, an attorney, or a formation service.

Good to know

New York LLCs must publish a notice in two newspapers for six consecutive weeks and file the Certificate of Publication within 120 days, or the LLC's authority to do business is suspended. Newspaper costs (not the state fee) are the expensive part in Manhattan.

Official source

NY DOS — Form an LLC · NY Business Express portal

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Last reviewed 2026-10-06. Guidance only, not legal advice.