Welcome to the Start A Business webpage committed to providing you with all the information necessary to file for a domestic or foreign corporation in New York. If you are applying as a domestic profit or benefit corporation, the Department of State has provided an online filing portal within their website that is quite simple and you may find this to be the best option. Unfortunately, all other entity types must file through the mail using the PDF documents provided within our tutorials. These documents must then be printed, completed, and mailed back to the Department of State with the appropriate filing fee included (payable by check and Credit/Debit Card Authorization).

How to File

Step 1- The first step that we recommend filers take is to perform a Business Entity Search of the Department of State’s database to see if their proposed operating name is available for use. Each corporation must have a unique name that is distinguishable from that of any other entity registered in New York. You may also find that reserving a name beforehand can be useful as well. To do this, navigate to our tutorial here.

Step 2- With your name chosen, you can now move on to acquiring the proper documents for your entity type. Start by selecting the tutorial below for either domestic or foreign corporate registration, then continue by downloading the forms specific to your desired entity. If you have the option to apply online then this process is not quite the same, though it is fairly straight forward and will be described in detail within each applicable tutorial for online registration.

Step 3- Once the documents have been downloaded and the proper information submitted, you must then gather the other certificates/documents required. This will vary between each entity type, but can include your receipt for name reservation (if applicable), certificate of existence if you are a foreign entity, etc.

Step 4- Lastly, a filing fee made out to the Department of State must be included with your filings. This can be paid by check, or with the Credit/Debit Card Authorization form. All articles should be forwarded to the address located below. Once again it is important to note, if you are applying online then this process is slightly different, though it will be explained clearly within the tutorial.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

Tips

EIN– When starting a new corporation in the U.S, regardless of the type, you will be required to obtain an Employer Identification Number. This is a nine-digit number unique to your organization that will allow you to perform a wide range of business transactions. With an EIN, you will be able to hire employees, apply for bank accounts or loans, or operate in other financial ways all legally within the eyes of the law. This number can be acquired online or through the mail with the Form SS-4. A tutorial on the application process can be found linked in the heading of this paragraph.

Corporate Bylaws– It is highly recommended that representatives of newly formed corporations draft a set of corporate bylaws. This is an agreement between managing members of your entity, stating specific rules and regulations covering many business details. The incorporator or incorporators will need to organize a meeting once the corporate existence has begun to adopt bylaws, elect directors, and transact any other business. We have supplied a free corporate bylaws template located in the link at the title of this paragraph, available in MS Word and PDF formats.

Renewal– Each new corporation will be required to file a renewal report to remain in good standing. The process for this is quite simple though differs between entity types. Domestic benefit corporations must file an annual report following the end of its fiscal year in the amount of $60 (check or Credit/Debit Card Authorization). The report must include a white cover sheet (“backer”) along with a document titled “Annual Report of (name of corporation)”. Have these articles mailed to the address below. Profit and non-profit corporations need only file biennially using the e-Statement Filing Service that the Department of State provides, along with a filing fee of $9 (credit or debit). Professional service corporations must file with the Education Department, more information on that can be found within each respective tutorial.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to (Video)