How to Incorporate in New York

Step 1: Choose a Unique Business Name and Complete a State Business Search

Every New York business must have a unique name that hasn't already been claimed by another business in the state. If you’re having trouble coming up with a name, try using our Business Name Generator to gather ideas. You'll need to follow a few naming rules, which you can read about in detail on the New York Corporation Names page. Once you’ve chosen a name, you’ll need to make sure it’s available in New York. To see whether another company in the state is using your desired business name, use our tool to do a New York entity search. You can also carry out a name search on the state's website.

Step 2: Provide an Official Business Address for Your Corporation

All NYS corporations must have a designated address. It could be your residence address (if you’re running the company from your home), a building where your office is located or any physical address of your choice. The address can be outside the state of New York and can be a P.O. Box. You may also be able to use a virtual mailbox for your business address. Bizee can provide you with a New York virtual mailbox where we'll receive your mail and scan it for your online review. This can be especially helpful if you run a home-based business and don't want your home address published as part of your business public record.

Step 3: Assign a Registered Agent

Someone who receives official correspondence and is responsible for filing reports with the New York Department of State is known as a Registered Agent. Every New York corporation is required to have a Registered Agent. You can fill this position, assign another manager in your business or use a Registered Agent service. If your Registered Agent in New York is a person, they must have a physical street address in New York and must be present during business hours to receive important documents on behalf of your company. You'll appoint your Registered Agent when you file your Certificate of Incorporation with the Department of State and formally create your corporation. All of Bizee’s business formation packages include Registered Agent service. It’s free for the first year and just $119 per year after that. You can also access a digital dashboard to view any document we've received on your behalf.

Step 4: File Your Certificate of Incorporation With the New York Department of State

Once you've gathered all the information for your corporation, you’ll need to file a form with the Department of State to create your Certificate of Incorporation. This will officially create your business.

Your Certificate of Incorporation can be filed online via the state's digital portal. You can also mail the form to the Office of the Department of State, or Bizee can file it on your behalf.

You only need to file your Certificate of Incorporation in New York once, but every two years after, you'll also need to file a biennial report with the Department of State in NY. Bizee can remind you about this every two years, or we can do it for you if you have us handle the paperwork.

What are the fees and requirements to incorporate in New York?

*includes $5 paper copy fee


**24 hours ($25), same day ($75), or 2 hours ($150)

Annual Report

Step 5: Get an Employer Identification Number (EIN) From the Internal Revenue Service

You'll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees and for opening a business bank account. You can obtain one directly from the IRS, or Bizee can get one for you as part of the NYS corporation creation process.

Step 6: Write Bylaws

A set of rules that govern how a corporation will be run, bylaws detail how many directors the corporation will have, whether the board of directors will have annual meetings and what the voting requirements will be, among other things. Some states legally require companies to create bylaws, and the state of New York is one of them. You don't need to file your bylaws with the Department of State, but keep them with your other business records. It's always a good idea to write and follow bylaws to protect your business from any future changes and events.

New York Corporation Types

C Corporation

When you file to start a corporation, by default, it's a C Corp. This is the choice for large businesses that will trade shares in the stock market. A New York C Corporation will offer you several liability protections, but it will also be required to adhere to numerous strict rules and regulations. It will also likely have a substantial amount of administrative overhead and won't enjoy as many tax advantages as other corporation types. Learn more about C Corporations.

S Corporation

Technically, an S Corporation isn't a business entity the way LLCs and C Corporations are. It's a tax filing status. An LLC or a C Corporation can be an S Corporation. It's just a matter of filing a form with the IRS. The main reason to file as an S Corp is to save money on self-employment taxes. To get an idea of how much money you might save, use our S Corp Tax Calculator. If you want your New York C Corp to be treated as a New York S Corp, file the IRS Election by a Small Business Corporation form, also known as Form 2553 or an S Corp Election form. Consult with your professional tax advisor or accountant to determine whether this is your best option. Learn more about S Corporations. Compare S Corp vs. C Corp to learn the benefits and drawbacks of both, and decide which one will best suit your needs.

Professional Corporation

Some states, including New York, allow certain occupations to form Professional Corporations. New York corporation law, known in the state as Business Corporation (BSC) law, Article 15, § 1501 defines a Professional Corporation in New York as: "... a corporation that includes any practice as an attorney and counselor-at-law, or as a licensed physician, and those occupations designated in title eight of the education law for the sole and specific purpose of rendering a professional service. ‘Professional service’ is defined as any type of service to the public which may be lawfully rendered by a member of a profession within the purview of his or her profession."

Check with the Department of State to confirm whether your business should and can be a Professional Corporation.

Foreign Corporation

If your business operates in another state and you want to expand into New York — or vice versa — you’ll need to form a Foreign Corporation.



Learn more about New York Foreign Corporation registration.

Nonprofit Corporation Corporation

Charitable organizations can incorporate as nonprofit corporations. This means all the profits they generate are donated to the organization supported by the charity, minus administrative costs.


A nonprofit corporation is also exempt from federal and state taxes, allowing more of the profit to benefit the charity.


Note: Everything in this guide applies to for-profit corporations and mostly to C Corps and S Corps. Items listed as requirements for forming a corporation may or may not also apply to nonprofits.

Limited Liability Company

Depending on the kind of business you want to start, or your personal circumstances and goals, an LLC may be a better option. For example, you may only want to build a small business that you yourself will run with just a few employees and you may not need the options to buy and sell stock.


A New York LLC is usually a better option for a smaller business. It's easier to set up, but it still offers you certain advantages you'd get from a corporation. You can even have your LLC treated as an S Corporation for tax purposes to save you money.


Regardless of which direction you decide to go, we can help you with your New York business registration. Learn more about limited liability companies.

Sole Proprietorship or Partnership

These are the simplest types of businesses to set up. That's because there's no real setup to do. If you don't choose to form a separate business entity, by default, you'll have either a sole proprietorship (just you) or a partnership (you and one or more other people).


Neither of these options provide you with any special benefits or liability protections and can leave your personal assets vulnerable. For these reasons, we don't recommend them.

Compare business entity types to decide which one is best for you.

Helpful Resources from the State of New York