Incorporate in New York (NY)
Learn the basic facts about New York corporations and New York limited liability companies (LLCs). Compare the differences between New York corporations and New York LLCs and learn about New York rules and regulations that relate to forming a corporation or LLC.
Forming a New York Corporation or Limited Liability Company (LLC)
There are a number of business entity types to consider when you are deciding the structure of your New York business. The most advantageous entities to form in New York are typically corporations or LLCs. Although other entity options are possible, these are the entities that offer the highest level of liability protection in New York. As you review the characteristics of incorporating or forming an LLC in New York, be sure to keep in mind both the present and future needs of your business. Often, when you start a business it begins as a small organization.
Get Started
If you decide that a New York corporation or LLC is the best option for your business, BizFilings will form your company in New York, faster than anyone else, without costly legal fees. Our cost-saving offerings include:
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$115 + State Fees |
$250 + State Fees |
$350 + State Fees |
- Preparation and Filing of Formation Documents
- Preliminary Name Check with State
- Free Registered Agent Service for 6 months
- BizComply Online Compliance Tool
- 24/7 Access to Online Corporate Status Center
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- Everything included with the Basic Package
- Expedited Processing Service
- Corporate Kit & Seal
- Corporate Forms CD
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- Everything included with the Standard Package
- Tax ID (EIN) Number Obtainment
- Compliance DVD
- Certified Copy of State Filed Documents
- Overnight Shipping
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State Fees Apply
Each state charges filing fees that apply separately from BizFilings' package pricing. These fees will be reflected when you generate a Fast Quote using any of the links above. You can also view our list of fees by state.
Incorporating in New York
New York Corporate Name Endings
New York Corporation Requirements
New York Corporate Taxes and Fees
New York Business License Requirements
New York Corporate Name Endings
The name must contain the word "Corporation," "Incorporated," "Limited," or an abbreviation thereof. The name may not be the same as, or so similar or confusing to, that of any domestic or authorized foreign corporation or reserved name. The name may not contain any word or phrase indicating the corporation is formed for any purpose other than the purpose for which the corporation may be and is formed. The use of certain enumerated words and abbreviations including banking, insurance, and various professions is prohibited or restricted.
New York Corporation Requirements
Director Information
Minimum Number: Not less than three, unless there are only one or two shareholders of record; then the number of directors may be less than three but not less than the number of shareholders.
Residence Requirements: No provision.
Age Requirements: Directors must be a natural person at least 18 years of age.
Directors are not required to be listed in the articles of incorporation.
Officer Information
Officers are not required to be listed in the articles of incorporation.
Stock Information
An increase in shares may cause an increase in initial filing fees.
Corporation Records
The stock transfer ledger must be kept in the principal corporate office.
Taxes and Fees
Annual Statements
The requirements for annual statements, reports and fees vary by state. BizFilings created BizComply - an online compliance management tool that provides customers with helpful information about requirements imposed by their state of formation or, if applicable, their state of foreign qualification. BizComply is included at no charge when you select BizFilings as your registered agent when ordering one of our formation services. It is also included in registered agent only or change of agent services, or it can be purchased as a stand-alone product for $50/year.
Taxes
For more information on taxes, visit http://www.tax.state.ny.us/.
S Corporation
S Corporation status is recognized by the State of New York; however, New York imposes a franchise tax on S Corporations. A separate state election from the federal election is required.
License Requirements
New York requires that you obtain a license and pay a fee if operating certain types of businesses in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.
Form a Limited Liability Company (LLC) in New York
New York LLC Name Endings
New York LLC Requirements
New York LLC Taxes and Fees
New York Business License Requirements
New York Publication Requirements
LLC Name Endings
The name of a LLC must end with "Limited Liability Company," "LLC," or "L.L.C."
New York LLC Requirements
Member/Manager Information
Minimum Number: one or more
Residence Requirements: no provision
Age Requirements: directors must be a natural person at least 18 years of age
Members/managers are not required to be listed in the articles of organization
New York Taxes and Fees
Annual Statements
The requirements for annual statements, reports and fees vary by state. BizFilings created BizComply - an online compliance management tool that provides customers with helpful information about requirements imposed by their state of formation or, if applicable, their state of foreign qualification. BizComply is included at no charge when you select BizFilings as your registered agent when ordering one of our formation services. It is also included in registered agent only or change of agent services, or it can be purchased as a stand-alone product for $50/year.
Taxes
For more information on taxes, visit http://www.tax.state.ny.us/.
License Requirements
New York requires most businesses to obtain a license and pay a fee if operating in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.
Publication Requirements
In New York, limited liability entities are required to publish notice of their formation or registration in two New York newpapers and to file proof of publication with the Department of State within 120 days. The publication is made at the county level in two newspapers. Failure to comply with the publication requirement by the deadline results in the suspension of a company's authority to do business in the State of New York.
As a convenience for our customers, BizFilings offers an end -to -end NY Publication Service to help companies comply with Senate Bill 85 - A. As part of this service, BizFilings obtains a copy of the domestic formation or foreign registration document which allows for publication; drafts your Notice of Publication; publishes the Notice for the Statutory Period; and Files the Affidavit(s) of Publication on your behalf.
Registered Agents in New York
New York corporations and LLCs are required to have a registered agent located in New York. The New York registered agent is responsible for receiving important legal and tax documents including service of process (litigation) documents, franchise tax forms, and annual report forms.
A New York registered agent is an individual or company located at a street address in New York. Post office boxes are not acceptable addresses for a registered agent in New York.
If a company, such as BizFilings, is acting as your registered agent they must be registered as a corporation in New York. There are a number of advantages to using a registered agent service provider in New York, but the advantages differ between large and small companies.
Large companies in New York benefit by having service of process and state documents send to their registered agent's office in New York. The registered agent follows delivery instructions to ensure that important documents reach the correct individual. Smaller companies in New York benefit by providing a consistent New York address.
Another advantage to using another company as your New York registered agent is that the information of your New York registered agent is public record.
Learn how to select BizFilings as your registered agent in New York.
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