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NEW YORK

Why Form a Corporation in New York.


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Naming Your New York Corporation

You need the right name for your New York corporation. Choosing the right name is vital because it tells your suppliers, customers and employees what your business does. New York has several rules and regulations about what you can call your new business. Let’s explore what they are.

General New York Department of State Rules on Naming Your Corporation

  • The name of your corporation needs to be unique and not used by another corporation or business operating in New York
  • The name cannot be confused with any other business operating in New York
  • The name of your business must end with “Corporation,” “Incorporated” or “Limited”
    • These suffixes can be abbreviated

Don't Confuse Your New York Corporation Name With Another Business Name

  • The following terms can’t be used to say your business name is different from another business name:
    • Suffixes like Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., Ltd., corporation
    • Definite articles like “A,” “And,” “An,” “&,” “The,” etc.
    • The singular, plural or possessive forms of a word
    • Punctuation and symbols
    • Abbreviations of words
    • Different typefaces, fonts, superscript, subscript, etc.
  • It should not be possible to confuse the name of your business with the name of another New York business
    • For example, you can’t claim that Purple People Co., Purple People Corporation, Purple People Incorporated, Purple People Corp. or Purple People are different from one another

Rules on Words You Can’t Use in Your Business Name

  • The New York corporation name can’t suggest affiliation with any federal or state government entity or agency.
  • There are certain words that are restricted or prohibited for use in the name of a corporation
    • These include: "America Espirito Sport Fraternite," "Citius Altius Fortius," academy, acceptance, annuity, arboretum, assurance, bank, benefit, blind, bond, casualty, college, conservatory, council, doctor, education, elementary, endowment, exchange, fidelity, finance, guaranty, handicapped, historical, historical society, history, indemnity, industrial organization, industrial organization, institute, insurance, investment, kindergarten, labor, lawyer, library, loan, mortgage, museum, prekindergarten, preschool, savings, school, secondary, surety, title, trust, underwriter, union, United Nations, university, attorney, board of trade, chamber of commerce, community, cooperation, cooperative, corporation, incorporated, partnership, redevelopment, state police, state trooper, tenant relocation, urban development, urban relocation, or anything to do with the Olympics
  • You can find more information on permissions needed to use restricted or prohibited words on the NY Department of State website

New York Information on Naming a Corporation

  • You can search for existing company names in New York State here.
  • New York State does say this:
    • “Customers are cautioned to avoid interpreting database search information as an indication that a name is or is not available for use.”
    • "Finding that the name is available is not an approval of the name by the Department of State and is not a determination that the proposed name satisfies any particular requirement of law. No expenditure or other commitment should be made in reliance upon the availability of a name.”
  • You can reserve a business name with the New York secretary of state for a fee. Full details of how to do that are available here.
  • You might also want to use a “Doing Business As (DBA)” or “Assumed Name” if you are trading under a different name than your official company name. You can find more information on that here.

Rules on Infringing on Service Marks or Trademarks Inside or Outside New York

In addition to the rules above, it’s also vital to see if your New York corporation name might infringe on the trademark or service mark of another business. For example, it might not be a good idea to call yourself “General Electric Research Services,” since General Electric is a trademark.

The easiest way to see if your proposed business name infringes is to carry out a trademark search. You can do that via the United States Patent and Trademark Office, or Incfile can help you protect your business with our new Trademark Search and Registration service. You should also bear in mind that your New York business entity name cannot be substantially similar to an existing trademark or service mark.

What Should You Call Your New York corporation?

Finding the perfect name can be tough. You want a business name that:

  • Describes what your New York business does
  • Appeals to your planned audience
  • Makes your business easy to find
  • Is relatively unique
  • Doesn’t limit you to a particular location or type of product or service

Fortunately, we have some good advice on seeking out the perfect business name for your New York corporation. Check out our guidance on naming your business and get inspired.

You’ve Found the Perfect Name, What Next?

Once you’ve found the right name for your business, it’s time to make it a reality. Check out our packages for starting your New York corporation and form your corporation today.

Only $49 + State Free To Launch Your Business

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What are the fees and requirements to form a business in New York?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$130 5 Business Days 1 Business Day

Compliance Requirements

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.

Annual Report

Frequency: Biennially

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)

Learn more about starting a business in New York

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