Incorporate in New York

Perform a search to make sure your company name is available. You can use CorpNet’s free company name search. Your corporate name in New York will have to include a suffix of Corporation (or Corp.) or Incorporated (or Inc.). New York has reserved the words like bank, trust, and engineer/engineering, which can only be used in your name if you have the appropriate certificates and licensing. Your name cannot imply a service or business which conflicts with the purpose stated when you register.

New York law requires all Corporations assign and maintain a registered agent. A business must designate a registered agent in New York who is authorized to accept service of process (essential government documents and legal notices) on behalf of its business in the state.

Your registered agent must reside (or is located) in the state. Every registered agent must have a street address in New York for the service of process, and may also have a separate New York mailing address, such as a post office box. A registered agent can be an individual or another business entity with a physical location in New York. CorpNet is authorized to provide our registered agent services in all 50 states, so we make things easy for business owners who want to grow and expand their companies.

Register your C Corporation (aka Business Corporation), S Corporation, or Nonprofit Corporation (aka Not-for-Profit Corporation) with the Secretary of State. CorpNet’s business formation packages include the filing of the Articles of Incorporation (aka Certificate of Incorporation).

Hold the first official meeting for the Corporation adopt the official Bylaws. The Bylaws of a Corporation are a critical document that does not get filed with any state offices but will frequently follow state statutes as a written record of how your company will operate in compliance with state laws.

Apply for a Federal Employer Identification Number (EIN) under the business name. In New York, this will also serve as your State Tax Identification Number. You will also have to arrange for a bank account under this number for accounting purposes. Your financial institution will want a copy of the EIN as well as a Certificate of Registration from the Secretary of State.

Obtain any specific business licenses and permits required. Businesses are typically required to have specific licenses and permits at the county or city level. Required licenses, fees, and permits vary by location. It’s critical to research the business license requirements so that the company has the proper authority to conduct business in the jurisdictions where its located.

Businesses with employees must be set up to remit any employment-related taxes and fees to the state tax authorities. The state of New York manages state payroll taxes through the Department of Taxation and Finance. Payroll related taxes include income taxes, Unemployment Insurance (UI), Employer Compensation Expense Tax (ECET), Re-employment Services Fund (RSF), State Disability Insurance (SDI), and Paid Family Medical Leave (PFML).

Payroll tax registration details can become confusing, so consider relying on CorpNet’s specialists to manage the process of registering your New York business for payroll taxes.

Besides the startup activities involved in forming a Corporation, business owners must also fulfill some ongoing compliance requirements. The rules vary from state to state. Below are a few common compliance obligations that entrepreneurs might expect:

• Keep your business bank account and transactions separate from your personal finances.
• Renew business licenses and permits.
• File an annual report. In New York this is called a biennial report.
• Hold an annual meeting and record meeting minutes.
• File and pay taxes.
• Inform the state of any significant changes to the business.

CorpNet’s Compliance Portal is your single source for staying organized and in the know about approaching business compliance obligations. Our secure, cloud-based portal saves you from the hassle of visiting multiple websites—like those for your state, city, and county; the Internal Revenue Service (IRS); or the Franchise Tax Board—to find the information you need and the proper applications to complete.