Creating a corporation within the state of New york can be done using this webpage tutorial. Here we will provide you with all the steps necessary to file and go though all facets in great detail. All entity types will be filed through the mail by first downloading the corresponding PDF, providing the required information, and then forwarding the document to the Department of State with the appropriate filing fee. The fees range from $75 to $125 depending on the type of corporation. On the other hand, there is an online option available to those who are filing for a profit corporation or a benefit corporation which you may find easier and more efficient than filing through the mail.

One thing we like to mention to all new prospective business owners before getting started, is that they should perform a Business Entity Search within the Department of State’s database. This process will enable you to check the availability of your proposed operating name. You may also reserve a name for your entity by following the instructions found within our tutorial here. This will allow you to hold onto your chosen name for 60 days prior to filing.

How to File a Profit Corporation (PDF)

Step 1- To begin the application process filers will be required to download the Certificate of Incorporation PDF.

Step 2- The information necessary to complete this document is as follows:

Page 1

  • Entity Name
  • Entity Name
  • County in which the office is to be located
  • Address to receive statements from the Department of State

NY-Corp-Certificate-of-Incorporation

Page 2

  • Incorporator’s signature, printed name, and address
  • Entity name
  • Filer’s name and address

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Step 3- With your application you will need to provide a filing fee of $125 made out to the Department of State, payable by check or Credit/Debit Card Authorization. All items should be mailed to the address located below. If you have a receipt for Name Reservation be sure to include that as well.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to File Profit Corporation (Online)

Step 1- Filers may apply online through the Department of State’s website. Follow the link here to get stared.

Step 2- You will be taken to a page like the one shown below. Start by entering your corporation’s name in the white entry field provided. For the purpose of this tutorial we will use the corporation name “John Smith Corp”. Continue by pressing the yellow button on the bottom right.

NY-Corp-OnlineStep 3- The next page starts by giving you the option of making a statement declaring that you are over the age of 18. Afterwards you will be required to enter your corporation’s name as it appeared previously.

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Step 4- Next, select the county you wish to to businesses in, followed by the total number and value of shares your corporation is able to issue.

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Step 5- The service of process information can be entered here in the fields provided. Below that, you may choose to enter the registered agent information.

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Step 6- Here you have the option of stating the date your corporation shall begin, the predicted duration of business, and a statement regarding personal liability.

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Step 7- You may choose here to include a statement regarding preemptive rights in accordance with the provisions of BCL section 622. Next, the incorporator’s information must be entered in to the fields provided, followed by the incorporator’s signature stating that the information being entered is correct. Lastly, enter the filer’s information into the entry fields. Finish by clicking the yellow button on the bottom right.

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Step 8- After inputing all the required information, you will be shown a page like the one below. Here you can verify that all the details are correct. If everything is in order, continue by pressing the yellow button on the bottom right.

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Step 9- The next page you are taken to starts by giving you the option of entering your tax information given to you by the IRS. Then, you have the ability to change the type of copy you will receive from the state as well as the ability to obtain a certificate of existence. You will then see the fee you will be required to pay, followed by the necessary credit card information that must be entered.

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Step 10- Lastly, you must authorize the payment by clicking the small box in the “Payment Authorization” field followed by supplying your email address. The filing process is completed by clicking the yellow button on the bottom right.

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How to File a Professional Service Corporation (PDF)

Step 1- To file for a PSC you must first start by downloading the PDF titled Certificate of Incorporation.

Step 2- Next, you will be required to enter the following information:

Page 1

  • Entity name
  • Entity name
  • County in which the office is to be located
  • Address to receive statements from the Department of State

NY-Corp-Certificate-of-IncorporationPage 2

  • Incorporator’s signature, printed name and address
  • Entity name
  • Filer’s name and address

NY-Corp-Certificate-of-Incorporation.png-2

Step 3- This document must be completed and mailed to the address below, along with a filing fee of $90 made out to the New York State Education Department. Accepted forms of payment being check or money order.

The New York State Education Department

Office of the Professions

P.C Unit

89 Washington Avenue – Albany, NY, 12234

Step 4-  You will receive a Certificate of Authority from the New York State Education Department along with the return of your Certificate of Incorporation. Both documents must then be submitted, along with a filing fee of $125 made out to the Department of State, to the address located below. A certified copy must also be requested with an additional fee of $10. Both fees are payable by check or by Credit/Debit Card Authorization. If you have applied for Name Reservation, be sure to include your receipt along with your filings.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

Step 5- Upon completion of filing, a certified copy of the Certificate of Incorporation must be submitted, along with a filing fee of $20 (check or money order made payable to the New York State Education Department) to the address below. The entity will then be listed on the Office of Professions website and your filing process is finished.

The New York State Education Department

Office of the Professions

P.C Unit

89 Washington Avenue – Albany, NY, 12234

How to File a Non-Profit Corporation (PDF)

Step 1- To begin filing for a non-profit corporation, you must download the document titled Certificate of Incorporation.

Step 2- Next, we will go through the information required on this document.

Page 1

  • Entity name
  • Entity name
  • Select or describe to purpose of your corporation
    NY-NP-Corp-Certificate-of-Incorporation

Page 2

  • Select whether your corporation is engaged to require consent from state officials or not
  • Select whether your corporation is charitable or non-charitable
  • County in which the office of the corporation is to be located
  • Names and addresses of three or more directors
  • Address to receive statements from the Department of State

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Page 3

  • Option for corporations seeking tax exempt status may include language required by the IRS
  • Incorporator’s printed name, address, and signature

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Step 3- Along with this document a statutory filing fee of $75 made out to the Department of State must be forwarded to the address below. This fee is payable by check or Credit/Debit Card Authorization. If you reserved a name for your entity be sure to include your receipt with the rest of your filing.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to File a Benefit Corporation (PDF)

Step 1- When filing for a benefit corporation the first thing you must do is download the Certificate of Incorporation .

Step 2- With this form downloaded, the following information must be submitted:

Page 1

  • Entity name
  • Entity name
  • Purpose of corporation
  • County in which the corporation is to be located
  • Address to receive statements from the Department of State

NY-Benefit-Certificate-of-Incorporation

Page 2

  • Incorporator’s signature, printed name and address
  • Entity name
  • Filer’s name and address

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Step 3- After you have completed this document, it must be mailed along with a filing fee of $125 made out to the Department of State (payable by check and Credit/Debit Card Authorization) to the address located below. If you have reserved a name for your entity, be sure to include your receipt along with your filings.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to File a Benefit Corporation (Online)

Step 1- To file online, click on the link here to be taken to the Department of State’s online filing system.

Step 2- You will be taken to a page like the one shown below. Start by entering your corporation’s name in the white entry field provided. For the purpose of this tutorial we will use the corporation name “John Smith Corp”. Continue by pressing the yellow button on the bottom right.

NY-Corp-BenefitStep 3- The next page starts by giving you the option of making a statement declaring that you are over the age of 18. Afterwards you will be required to enter your corporation’s name as it appeared previously. Following that there is a brief statement  regarding benefit corporations that you may look into more closely by clicking on the links provided.

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Step 4- Within this section of the filing process you will see a clause which states that you will not engage in any act or activity that will require consent from the state. Next, select the county you wish to to businesses in, followed by the total number and value of shares your corporation is able to issue.

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Step 5- The service of process information must be entered here in the fields provided. Below that, you may choose to enter the registered agent information. You will then have the option of stating the date your corporation shall begin.

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Step 6- This segment starts with the option to enter the predicted duration of business. Afterward there is a liability statement that you may agree to, followed by the option to include a statement regarding preemptive rights in accordance with the provisions of BCL section 622.

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Step 7- Next, the incorporator’s information must be entered in to the fields provided, followed by the incorporator’s signature stating that the information being entered is correct. Lastly, enter the filer’s information into the entry fields. Finish by clicking the yellow button on the bottom right.

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Step 8- After inputing all the information required, you will shown a page like the one below. Here you can verify that all the details are correct. If everything is in order, continue by pressing the yellow button on the bottom right.

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Step 9- The next page you are taken to starts by giving you the option of entering your tax information given to you by the IRS. You will have the ability to change the type of copy you will receive from the state as well as the option to obtain a certificate of existence. You will then see the fee you will be required to pay, followed by the necessary credit card information that must be entered.

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Step 10- Lastly, you must authorize the payment by clicking the small box in the “Payment Authorization” field, and then enter your email address. The filing process is completed by clicking the yellow button on the bottom right.

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Tips

EIN– The IRS requires that all corporations obtain an Employer Identification Number as soon as possible once acceptance of registration has been received from the Department of State. This will allow you to conduct all financial activities legally and is necessary to operate in the United States. To obtain this number you can click on the link we have provided at the heading of this paragraph, which will take you to our tutorial. Alternatively you can acquire this number directly Online or through the mail with the PDF Form SS-4.

Corporate Bylaws– It is highly recommended, though not legally required, that newly formed corporations use our corporate bylaws document to define certain specific details within the corporation. In accordance with Section 601 of the Business Corporation Law, once the corporation has begun, a meeting between incorporators must be held to define these bylaws, whether defined within the agreement we have provided or not . We have supplied a free template available in both MS Word and PDF formats available to you by clicking the link at the top of this paragraph.

Renewal– The renewal process is slightly varied depending on which entity type your corporation has applied for. For profit and non-profit, each must submit a report biennially on the calendar month of when the corporation’s filings were accepted. This can be filed online within the Department of State’s website using the e-Statement Filing Service, along with the filing fee of $9 (payable by credit and debit card). Benefit corporations on the other hand must renew every year within 120 days following the end of its fiscal year. This report must be mailed to the Department of State along with a filing fee of $60 and must include a white cover sheet (“backer”) along with a document titled “Annual Report of (name of corporation)”. Professional Service Corporations must renew triennially with the Education Department, to find out more on that click here