Why Form a Corporation in New York?

New York Forms and Filing Requirements for Your NY State Corporation

When you’re forming a New York S Corporation or C Corporation, you will need to file certain forms and pay certain fees. Requirements can come from various bodies including the federal government, the NY Department of State and elsewhere.

Below is a rundown of what you’ll need to do, together with information on the requirements for your New York corporation. Some of these forms you only need to submit once, while others must be filed on a regular basis.

We provide a paid service to take care of certain filings and forms for your New York corporation. Alternatively, you can choose to file these requirements yourself — make sure that you set calendar reminders.

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File Your Certificate of Incorporation

The New York Department of State requires a formal document from you to form your NY S Corporation or C Corporation. This document is known as your Certificate of Incorporation.

Once the Certificate of Incorporation document is filed with the NY Department of State, your business is legally formed as a New York corporation.

The Certificate of Incorporation typically includes:

• The New York corporation’s name

• The New York corporation’s mailing address and street address

• The New York corporation's Registered Agent and their address

• The name and address of the incorporator

When you start your business with us, we gather together all the information we need to create your Certificate of Incorporation. We then file that with the New York Department of State on your behalf.

Business Licenses and Permits for Your New York State Corporation

Most NY corporations will need to file and pay for various permits and business licenses as you will need them to legally carry out business in New York. We can help you understand the exact permits and licenses required for your business to be compliant.

A Local Business Permit or License From Your City

Various cities in New York have slightly different rules and fees for permits and licenses for corporations. Check with your local New York city administration to see what their rules are. You will need a separate permit or license for each city your New York corporation operates in.

County and State Business Permits and Licenses

Depending on the type of business you are running, you may need to get additional permits and licenses from the county or state of New York. You can get an idea of the types of permits and licenses your S Corporation or C Corporation might need from the State of New York website.

Federal Licenses and Permits

Some corporations will need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the U.S. Small Business Administration website.

Incfile Business License Research Package for Your New York Corporation

The types of permits and licenses you need depend on where you’re located, what your New York corporation does and several other factors. Because things can vary so much, we provide a complete research package that tells you the licenses and permits you’ll need.

Our service provides:

• A comprehensive package of all the licenses, permits and tax registrations required for your business

• The application forms to file with the appropriate licensing authorities

Your customized Business License Research Package will be emailed to you within two days of your New York Corporation being formed by the New York Department of State.

Get the Incfile Business License Research Package

Special New York Corporation Requirements

Because you’re forming a corporation, there are certain other legal, regulatory and compliance areas you need to meet.

Your New York Corporation Must Have Certain Bylaws

Bylaws are the formal, internal rules that your New York corporation must follow to stay active. You will need to create and agree to bylaws in certain areas.

• Defining your New York registered office and NY Registered Agent

• Stating details of the Annual General Meeting (AGM) including date, place, time and other relevant information

• Other details from the AGM including the order of business, notice, voting record, quorum, proxies, shareholder actions and more

• Stating when a special shareholders’ meeting may be held and the circumstances that could lead to it

• Details of stock certificates, ownership, issuing and transfer

• Details of the Board of Directors, including how they are elected and appointed, their number, the powers they have, how they can be removed, regular meetings and agendas, executive committees, remuneration and other areas

• Details of the various officers in the corporation, including how they are chosen and appointed

• Designations of officers in the New York corporation, including president, vice presidents, secretary, assistant secretaries and treasurer

• Rules around dividends, declarations and reserves

• Any other formalities the corporation believes need to be documented

Corporation Shareholders Must Be Issued Stock

Ownership in a New York corporation is expressed through the issuance of shares. You must create stock certificates and formally issue stock to any agreed initial shareholders in the corporation.

Appoint a Board of Directors

You must appoint directors to all positions in line with the agreed New York corporation bylaws. The Board of Directors is responsible for the strategic direction and overall management of the corporation. The board selects officers who will manage the day-to-day activities of the corporation.

Assign Officers to the Corporation

Officers are the individuals who manage the New York corporation on a day-to-day basis. At minimum a NY corporation should have a president, secretary and treasurer. Theoretically, one person could hold more than one position.

Get a Corporate Records Book

Your New York corporation will need a book to record important information about the business. This book will include details like your Certificate of Incorporation, corporate bylaws, meeting minutes, AGM details, directors, officers, stock certificate information, transfer documents and more.

Hire Employees

You may need to hire employees for your New York corporation. You will need:

• An Employer Identification Number (EIN)

• Worker’s Compensation Insurance

• General Liability Insurance

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Hold an Annual General Meeting for Your New York Corporation

You must hold a yearly meeting that all directors, officers and shareholders of the NY corporation are invited to. The purpose of an AGM is generally to:

• Discuss important information

• Make strategic decisions

• Understand opportunities, risks and issues

• Vote on important resolutions and other matters

New York Corporation Tax Registration

You will need to register for certain taxes when you form your corporation. These include:

• Federal income tax

• Corporation tax (only for C Corporations)

• New York state tax

• Sales and Use Tax

• Employment taxes

You can find details on the New York State Department of Taxation and Finance and IRS websites.

Learn more about taxes for your New York corporation.

Your New York Corporation Will Need to File a Biennial Report

You must file a biennial report with the New York Department of State for your New York corporation. If you do not file your report regularly, you will be charged a late fee and your NY corporation may be dissolved.

Learn about your ongoing New York corporation filing requirements and business filing deadlines with our helpful New York ongoing filing lookup tool.

Have Incfile file your report for you

Your New York Corporation May Need a Certificate of Good Standing

You may need a Certificate of Good Standing for your New York corporation to carry out some business-related services like opening a bank account.

Get a Certificate of Good Standing through Incfile

Ready to Start Your New York Corporation?

Incfile provides a cost-effective service to help you create your New York corporation. We guide you through the process and handle most of the administrative steps, such as filing the necessary forms on your behalf.

Our basic package also provides a free Registered Agent service for the first year. If you're looking for help starting an S Corporation or C Corporation, our comprehensive services provide outstanding value.

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