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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.
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.
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.
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.
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.
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.
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.
Because you’re forming a corporation, there are certain other legal, regulatory and compliance areas you need to meet.
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
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.
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.
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.
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.
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
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
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
You can find details on the New York State Department of Taxation and Finance and IRS websites.
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.
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.
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.
Clear Pricing. No Contracts. No Surprise.
|State Fee||State Filing Time||Expedited Filing Time|
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This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.
Due Date: During anniversary month of organization.
Filing Fee: $9
Important: Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.
(We do not assist in the filing of the Publication Requirement)
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