New York Incorporation Options

New York Incorporation Options

We make incorporating fast, easy and affordable.

Over 500,000 customers incorporate online and keep their businesses compliant with BizFilings.

  • LLC
  • S Corp
  • C Corp
  • Nonprofit

New York Facts for LLCs

Here are some key facts you should know as you consider forming an LLC in New York.

At the time of incorporation, New York requires you to take the following steps:

  • Articles of Organization. The document is required to form an LLC in New York. LLCs are required to have at least one member/manager listed in the documentation.  Their names and addresses do not have to be listed in the Articles of Organization. The business name must end with "Limited Liability Company," "LLC" or "L.L.C." Accent marks cannot be used in the name. The name may not be the same as or confusing similar 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 that included in its Articles of Organization.
  • Certificate of Publication. New York requires LLCs to publish notice of the incorporation for six consecutive weeks in two newspapers as assigned by the County Clerk in the county of the LLC’s legal address. A Certificate of Publication should then be filed with the Department of State upon completion of the publication requirement.
  • Registered Agent. Listing the name and address of a registered agent is optional in New York. LLCs must, however, include the address to which legal documents, such as Service of Process and state correspondance should be sent. The registered agent or person at the Service of Process address must be available during normal business hours.
  • Federal Tax Identification Number (EIN). An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account.

Professional Services Businesses. New York allows professionals, such as accountants, attorneys and physicians, to form professional limited liability companies (PLLCs).

After incorporating New York also has the following ongoing requirements:

  • Biennial Report. New York requires LLCs to file a biennial (every two years) report during the anniversary month of the incorporation. The filing fee is $9.

Why choose an LLC?

Consider forming an LLC if you are fearful of personal risks to lawsuits arising from your business. For example, if you decide to open a storefront business that deals directly with the public, you may fret that your commercial liability insurance won’t fully cover your personal assets from potential slip-and-fall lawsuits or claims by your vendors for unpaid debts. Running your business as an LLC may ease your mind because it instantly offers you an additional layer of security against these and other possible claims against your business.

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Our Process

5 steps to online incorporation.

 1 
  Quality check

We ensure your information meets state requirements.

 2 
  Name check

We confirm your business name availability.

 3 
  Documents filed

We prepare and send your incorporation documents to the state, providing tracking.

 4 
  Delivery

You receive a complete package of incorporation documents and materials.

 5 
  Ongoing support

After incorporating, we inform you of upcoming annual reports/franchise tax payments.

New York Facts for S Corporations

Here are some key facts you should know as you consider forming an S corporation in New York.

At the time of incorporation, New York requires you to take the following additional steps:

  • Certificate of Incorporation. The document is required to form a corporation in New York. S corporations are required to have at least one director listed in the documentation.  They must be at least 18 years of age. Their names and addresses do not have to be listed in the Certificate of Incorporation. The business name must contain the word "Corporation," "Incorporated," "Limited" or an abbreviation thereof. All abbreviations must end with a period. Accent marks cannot be used in the name. 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 that included in its Certificate of Incorporation. The use of certain enumerated words and abbreviations pertaining to banking, insurance and various professions is prohibited or restricted.
  • Stock. Authorized shares and par value (minimum stated value) must be listed in the Certificate of Incorporation. An increase in the number of shares or par value does not affect initial filing fees.
  • Registered Agent. Listing the name and address of a registered agent is optional in New York. Corporations must, however, include the address to which legal documents, such as Service of Process and state correspondence should be sent. The registered agent or person at the Service of Process address must be available during normal business hours.
  • Federal Tax Identification Number (EIN). An EIN is required for corporations that will have employees. Additionally, most banks require an EIN in order to open a business bank account.

Professional Services Businesses. New York allows professionals, such as accountants, attorneys and physicians, to form professional limited liability companies (PCs).

After incorporating New York also has the following ongoing requirements:

  • Biennial Report. New York requires Corporations to file a biennial (every two years) report during the anniversary month of the incorporation. The filing fee is $9.
  • Corporate Records. New York requires corporations to keep extensive records at the principal place of business.
  • S Corporation Election. New York does not recognize the federal S corporation election and does require a state-level S corporation election.

Why choose an S corporation?

An S corporation allows the owners to offset non-business income with losses from the business, unlike a C corporation which is a completely separate tax entity. When compared to an LLC, the S corporation enables an owner to characterize a portion of income as “dividend,” rather than “earnings” that are subject to employment taxes.

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Our Process

5 steps to online incorporation.

 1 
  Quality check

We ensure your information meets state requirements.

 2 
  Name check

We confirm your business name availability.

 3 
  Documents filed

We prepare and send your incorporation documents to the state, providing tracking.

 4 
  Delivery

You receive a complete package of incorporation documents and materials.

 5 
  Ongoing support

After incorporating, we inform you of upcoming annual reports/franchise tax payments.

New York Facts for C Corporations

Here are some key facts you should know as you consider forming a C corporation in New York.

At the time of incorporation, New York requires you to take the following additional steps:

  • Certificate of Incorporation. The document is required to form a corporation in New York. C corporations are required to have at least one director listed in the documentation.  They must be at least 18 years of age. Their names and addresses do not have to be listed in the Certificate of Incorporation. The business name must contain the word "Corporation," "Incorporated," "Limited" or an abbreviation thereof. All abbreviations must end with a period. Accent marks cannot be used in the name. 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 that included in its Certificate of Incorporation. The use of certain enumerated words and abbreviations pertaining to banking, insurance and various professions is prohibited or restricted.
  • Stock. Authorized shares and par value (minimum stated value) must be listed in the Certificate of Incorporation. An increase in the number of shares or par value does not affect initial filing fees.
  • Registered Agent. Listing the name and address of a registered agent is optional in New York. Corporations must, however, include the address to which legal documents, such as Service of Process and state correspondence should be sent. The registered agent or person at the Service of Process address must be available during normal business hours.
  • Federal Tax Identification Number (EIN). An EIN is required for corporations that will have employees. Additionally, most banks require an EIN in order to open a business bank account.

After incorporating New York also has the following ongoing requirements:

  • Biennial Report. New York requires Corporations to file a biennial (every two years) report during the anniversary month of the incorporation. The filing fee is $9.
  • Corporate Records. New York requires corporations to keep extensive records at the principal place of business.

Why choose a C corporation?

C corporations offer more flexibility than S corporations when it comes to the number of owners (shareholders) they can have as well as who can be an owner. Plus, the owners can hold different types of stock interests (such as preferred versus common stock.) This is one reason why venture capitalists choose C corporations when they offer funding to a business. Investors are drawn with the prospect of dividends if the corporation makes a profit. A C corporation can also retain and accumulate earnings (within reasonable limits) from year to year.

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Our Process

5 steps to online incorporation.

 1 
  Quality check

We ensure your information meets state requirements.

 2 
  Name check

We confirm your business name availability.

 3 
  Documents filed

We prepare and send your incorporation documents to the state, providing tracking.

 4 
  Delivery

You receive a complete package of incorporation documents and materials.

 5 
  Ongoing support

After incorporating, we inform you of upcoming annual reports/franchise tax payments.

New York Facts for Non-Profits

Here are some key facts you should know as you consider forming a Non-profit corporation in New York.

At the time of incorporation, New York requires you to take the following additional steps:

  • Certificate of Incorporation. The document is required to form a corporation in New York. Non-profit corporations are required to have at least one director listed in the documentation.  They must be at least 18 years of age. Their names and addresses do not have to be listed in the Certificate of Incorporation. The business name must contain the word "Corporation," "Incorporated," "Limited" or an abbreviation thereof. All abbreviations must end with a period. Accent marks cannot be used in the name. 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 that included in its Certificate of Incorporation. The use of certain enumerated words and abbreviations pertaining to banking, insurance and various professions is prohibited or restricted.
  • Registered Agent. Listing the name and address of a registered agent is optional in New York. Corporations must, however, include the address to which legal documents, such as Service of Process and state correspondence should be sent. The registered agent or person at the Service of Process address must be available during normal business hours.
  • Federal Tax Identification Number (EIN). An EIN is required for corporations that will have employees. Additionally, most banks require an EIN in order to open a business bank account.

After incorporating New York also has the following ongoing requirements:

  • Annual Fees and Report Filings. A complete listing of reporting requirements for Non-profits can be found here.
  • Biennial Report. New York does not require Non-profit corporations to file a biennial report.
  • Corporate Records. New York requires corporations to keep extensive records at the principal place of business.

Why choose a Non-Profit?

While incorporating your not-for-profit venture is not a requirement, it lends more credibility to your organization. Also, in order to become tax-exempt, you must incorporate and also file Form 1023 with the Internal Revenue Service. A few states require a separate file for state tax-exempt status as well.

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Ready for Your Nonprofit?

Compare packages and view pricing.


Our Process

5 steps to online incorporation.

 1 
  Quality check

We ensure your information meets state requirements.

 2 
  Name check

We confirm your business name availability.

 3 
  Documents filed

We prepare and send your incorporation documents to the state, providing tracking.

 4 
  Delivery

You receive a complete package of incorporation documents and materials.

 5 
  Ongoing support

After incorporating, we inform you of upcoming annual reports/franchise tax payments.

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What does it mean to incorporate?

Incorporating a business means turning your sole proprietorship or general partnership into a company formally recognized by your state of incorporation. When a company incorporates, it becomes its own legal business structure set apart from the individuals who founded the business. Through incorporation, the company's owner or owners create a separate legal entity to transact business. This new business entity corporation or limited liability company (LLC) transforms the way the business is seen through the eyes of the law and often has more credibility with potential customers, vendors and employees.

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How does incorporation work?

Wondering how to incorporate a business as a C corporation or S corporation or how to form an LLC? Here are some of the steps included in the process:

  1. Determine where you want to incorporate.
  2. Decide which business type is best for your business and goals. Consult with an attorney or accountant.
  3. Determine who the directors of the corporation or who the members/managers of the LLC will be.
  4. Select a registered agent. Your registered agent must be listed on your Articles of Incorporation or Articles of Organization. The registered agent is appointed by you to receive important legal and tax documents on behalf of your business and forward them to you. BizFilings includes this service in all incorporation packages.
  5. Prepare and file the Articles of Incorporation or Articles of Organization per instructions from the Secretary of State's office. BizFilings handles this step for you, allowing you to concentrate on running your business.

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Why is incorporating a business important?

The primary benefit to business incorporation is limited liability. When you own a small business, you will invest a lot of money into not only getting it launched, but in keeping it running smoothly as well. As the owner you are responsible for any debts and losses your business may accumulate along the way. However, when you incorporate, you are typically only held responsible for the amount of money you personally invest. Your personal assets typically cannot be used to satisfy the debts and liabilities of your business.

View our Benefits of Incorporation or Benefits of Creating an LLC article to learn more about this and other benefits of incorporating a business.

For a comparison between multiple incorporation types view our article
Which Business Type is Right for Me? C Corp, S Corp, or LLC to help with your decision.

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Additional Resources

Tools to Help You Choose

We have resources to help you understand your options.

Incorporation Timeframe

You’ll receive your materials in 4-20 days. The speed at which your documents arrive depends on the incorporation package you order.

Find out how online incorporation works

Don’t Forget a Registered Agent

The RA receives important legal and tax documents and helps your business stay compliant with state requirements.

Registered Agent Services