Welcome to the Start A Business webpage designed to assist prospective business owners in the process of registering an entity in New York. Each tutorial we have provided will allow you to view all the steps necessary to file with the Department of State and get your business started as soon as possible. You will find a number of links located within our main page containing more in-depth instructions, covering all requirements that must be met before filing for registration. Filers may send their documents through the mail using the PDFs the Department of State has provided. There is also an online filing system available, though this only applies to certain entity types. Click on the links below to learn more about the exact filing requirements.
Start an Entity
Search for a Name
The Department of State has supplied a business entity search function available on their website that you may find useful for a number of reasons. If you’re a new entity, this is a great way to check the availability of a proposed operating name prior to registration. If you are an existing organization and would like to review your company’s details, such as stock value, or your DOS ID number, this is a quick way to access that information. For an in-depth tutorial on this, follow the link here.
How to File in New York
Step 1- The first step in filing process for a new entity is to decide on an operating name. To cross-check the name you’ve chosen with the Department of State’s records, you must perform a Business Entity Search. This process will enable you to verify that your desired name is available for use in New York. You may also reserve a name for your entity by applying for Name Reservation.
Step 2- You will find tutorials below on all relevant business types. We recommend that before you decide which entity you’d register, that you seek legal advice to go over the benefits of each. Continue by clicking the link corresponding to the entity type you have chosen.
- Domestic Profit Corporation
- Domestic Professional Service Corporation
- Domestic Non-Profit Corporation
- Benefit Corporation
- Foreign Profit Corporation
- Foreign Professional Service Corporation
- Foreign Non-Profit Corporation
- Domestic Limited Liability Company
- Domestic Professional Service Limited Liability Company
- Foreign Limited Liability Company
- Foreign Professional Service Limited Liability Company
- Domestic Limited Partnership
- Domestic Limited Liability Partnership
- Foreign Limited Partnership
- Foreign Limited Liability Partnership
Step 3- After completing the necessary tasks and submitting the information required, you will need to supply a filing fee made out to the Department of State, payable in the form of a check or by Credit/Debit Card Authorization (specific fees located below). Some entity types require additional certificates/forms that must be attached, as well as your receipt for name reservation (if applicable).
- Domestic Profit Corporation – $125
- Domestic Professional Service Corporation – $225
- Domestic Non-Profit Corporation – $75
- Domestic Benefit Corporation – $125
- Foreign Profit Corporation – $225
- Foreign Professional Service Corporation – $250
- Foreign Non-Profit Corporation – $135
Limited Liability Company
- Domestic Limited Liability Company – $250
- Domestic Professional Limited Liability Company – $250 + $10 per member/manager
- Foreign Limited Liability Company – $300
- Foreign Professional Service Limited Liability Company – $300 + $10 per member/manager
- Domestic Limited Partnership – $250
- Domestic Limited Liability Partnership – $250
- Foreign Limited Partnership – $250
- Foreign Limited Liability Partnership – $300
If you’d like to reserve a name for your new entity, you may do so by filing the Application for Name Reservation with the Department of State. This will allow you to secure the rights to a desired name for up to 60 days. We have supplied a tutorial on this process here. Each application must be downloaded and completed, then sent back to the Department of State with the appropriate filing fee. Profit corporations, both domestic and foreign, must pay $20, while non-profits pay $10. LLCs across-the-board pay $20, and LPs also pay $20. Unfortunately there is no method to reserve a name for LLPs, though you can perform an entity search to quickly check the Department of State’s database to see what is available.
Certificate of Status
A Certificate of Status (also referred to as a certificate of existence or certificate of good standing) is a document issued by the government that is used to verify the standing of your entity. This certificate will show whether any debts are owed, or any delinquent accounts are active. There is currently no online method of application available, though a written request can be mailed or faxed to the Department of State. The application process is quite simple and can be accomplished with our tutorial here. A filing fee of $25 made out to the Department of State must be included, payable in the form of a check or by Credit/Debit Card Authorization.
Below we have provided a series free agreement templates that you can draft and set in place within your entity. These documents will act as legal proof that all managing members of your business have agreed upon a set of terms regarding a wide range of business conduct. If conflict in the future were to arise between parties, these documents might greatly assist you with legal battles. To view the templates we have provided, click on the corresponding link below (available in MS Word and PDF formats).
Employer Identification Number
Newly formed entities may be required to obtain an Employer Identification Number from the IRS as soon as acceptance of formation has been received from the Department of State. This nine-digit number is a unique way of identifying your organization, used in a similar fashion as a Social Security Number. With an EIN, you will be legally allowed to hire employees, apply for loans or bank accounts, and perform a number of other business transactions. Application can be done online and through the mail. To apply online click here, or if you would like to file through the mail, you may do so with the SS-4 Form. We have also provided a tutorial that you may find useful if you require more assistance in the process.