It can be a complicated and tedious process incorporating your business. Forming a legal entity requires an in-depth knowledge of local regulations, as each state or region has its own set of laws regarding this matter. This makes local council very important, as your lawyer should be well-versed in the laws that may affect your business. If you're located in New York, searching for counsel that understand local regulations is paramount in making the incorporation process smooth and successful.

UpCounsel can help. As an online marketplace for legal services, UpCounsel's expansive network of experienced lawyers assists businesses of all sizes with their legal needs. From accessing quality attorneys on-demand to in-depth profiles containing client ratings and reviews of past work, it's no wonder why the Fortune 1000 and beyond use UpCounsel to trusts as a go-to resource.

In this article, we will discuss what incorporation entails and how local regulations affect the process in New York. We will also examine the benefits of incorporation so you can be better informed when making decisions on behalf of your business.

What is Incorporation?

Incorporation is the process through which a business is made its own legal entity—separate from its owners and shareholders. Put simply, incorporation allows the business to exist as an individual, rather than an individual owned by a business owner. By holding its own tax status, liabilities, assets, brand, and right to contract, the legal recognition of incorporation is invaluable.

Think of the difference as that between a stone and a sculpture. While a stone is an object in and of itself, a sculpture is a deliberate piece of art—carved and shaped to the creator's specifications. In this analogy, if the business is the stone, incorporation is the sculptor.

What are the Advantages of Incorporation?

Incorporation offers a variety of benefits for different types of businesses.

Limited Liability Protection

The primary advantage of incorporation is often referred to as ‘limited liability protection,’ which is the principle that a business’s random are separate from its individual owners and shareholders. This means that if your business is sued for any reason, the debts and liabilities can not be taken out of your personal finances.

Tax Benefits

Incorporation offers several tax advantages. Among these are various write-off opportunities and the option for the company to withhold some of its profits as capital in order to reduce tax payments.

Shareholder Rights

Shareholders enjoy a variety of rights, including the rights to vote, to make informed decisions about the company's management, and to be paid dividends from profits. This helps to ensure that shareholder interests are protected and the vision of the founders is preserved.

How Does Incorporation Work in New York?

Incorporation in New York is handled at the state level, meaning each entity must register with the Department of State Division of Corporations. The same process applies regardless of the type of business entity.

The actual steps of incorporation can vary from type to type, but the most important document for all entities is the certificates of incorporation. As this document sets the stage for the business's formation and daily operation, the contents should be carefully reviewed and discussed with your business attorney.

The New York Division of Corporations also requires you to appoint officers and directors and draft appropriate articles of incorporation. In addition, the Division of Corporations enforces strict requirements for names, filing fees, and even banking institution mentions. It is very important to familiarize yourself with all of the laws and regulations to ensure your business is compliant.

Your business attorney should also be familiar with New York state laws, as many incorporate establishments require certain filing requirements that vary from city to city. For example, some cities require that businesses obtain a business license when registering to operate, and some mandate that businesses be registered with the New York State Department of Taxation and Finance.

It's very important to partner with a lawyer in New York who understands the local laws regarding incorporation, and can advise you correctly. By partnering with a legal professional, you can ensure that you are in full compliance with state and city regulations and can open your business with confidence.

UpCounsel provides the perfect resources to connect you with a quality business lawyer who knows the ins and outs of New York incorporation regulations. You are sure to save time and effort when you access their extensive network of experienced and reliable attorneys, who can provide you with legal assistance for any and every stage of the incorporation process.


Incorporation is an important process that should not be taken lightly. Laws vary from city to city, state to state, and it’s important to be aware of how local regulations will affect the process in your area. If you’re located in New York, UpCounsel’s network of experienced attorneys provides quality legal services and the assurance that you will remain compliant with city and state laws.

Incorporation can provide a number of benefits for your business, with the greatest being limited liability protection. It can also offer a variety of tax advantages and shareholder rights, making it an attractive option when starting or growing a business. When going through the incorporation process, it’s important to partner with legal professionals familiar with local regulations to ensure the process is handled efficiently and successfully.



Limited Liability Protection,