How to Incorporate in New York


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Incorporating in New York is relatively easy.  This article should give you resources to understand how the incorporation process works in New York, and to use the legal forms from the New York Secretary of State to incorporate in New York.

Though not required, it is advised that you check your corporate name for availability before filing any applications. To do this, you can Search the Corporation & Business Entity Database. If your name is available, you can file an Application for Reservation of Name. The filing fee is $20 (payable to the Department of State), and your name will be reserved for a period of 60 days. Form and fee can be mailed to: NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

New York offers two ways to incorporate. Online or by mail. A fillable Certificate of Incorporation is available here. The filing fee is $125 plus the applicable tax on shares. Fee and forms can be mailed to the address listed above. To file online you can visit New York State’s Online Permit Assistance and Licensing Web site. Select ‘click here to start’ and follow the instructions. New York also offers a Starting a Business guide to help you through your incorporation process. Expedited Handling Services are also available. A breakdown is available on this Web site.

In New York, business are required to file a Biennial Statement. The Statement is automatically mailed to the principal executive, and you should receive it one month before its due date. Businesses are also required to pay annual taxes in New York even if the business has lost money or conducts no business at all.

There are many companies that offer the service of filing these articles on your behalf, such as FileOnline  or LegalZoom.