Key Takeaways

  • To register a business in New York, you must choose a unique business name, determine the right structure, and file with the Secretary of State.
  • Sole proprietorships and general partnerships must register a business name (DBA) with the county clerk, while LLCs and corporations file Articles with the state.
  • New York requires specific filings such as publication for LLCs and biennial statements for corporations and LLCs.
  • Employers must register for state taxes, unemployment insurance, and workers’ compensation in addition to obtaining federal EINs.
  • Local licensing requirements vary, particularly in New York City and other municipalities, so compliance at both state and local levels is essential.

NYS business registration refers to registration of a business entity operating in the state of New York. Regardless of the type of business structure you want to register, i.e. partnership, LLC, or corporation, there are some steps to take before formally registering your business. Some of these steps include:

  • Choosing a name for your company
  • Choosing a business structure
  • Registering your business
  • Obtaining an Employer Identification Number (EIN)
  • Obtaining applicable licensing and permits

Step 1: Choose Your Business Name

There is a lot that goes into choosing a name. It’s not that easy, especially if you want to choose a name that will help increase your customer base. Furthermore, you might have several name choices for your company, but all names might already be ones used by other companies. In order to find out if your name choice is already in use, you can run a business entity search on the New York Secretary of State website. You might find a business that was previously dissolved or struck off. If that is the case, you might be able to use the name.

File a DBA (Doing Business As) Name

If you are a sole proprietor or part of a general partnership, you may operate under your legal name, but many business owners choose to register a “Doing Business As” (DBA) name. In New York, DBAs are registered with the county clerk’s office where the business is located. Each county maintains its own registration process and fees. Registering a DBA is important because it allows you to open bank accounts and enter contracts under your business name rather than your personal name.

Step 2: Choose a Business Structure

After you’ve chosen your business name, you’ll have to choose a specific business structure. Depending on what you are looking to do with your business, you might find that a corporation works best for you. However, an LLC might be better if you are looking for greater flexibility in terms of managing your business.

Understand LLC Publication Requirements

New York is one of the few states that requires newly formed LLCs to publish a notice of their formation. Within 120 days of filing the Articles of Organization, an LLC must publish its existence in two newspapers designated by the county clerk for six consecutive weeks. Proof of publication must then be filed with the Department of State. Failure to comply can result in the suspension of your LLC’s ability to conduct business in New York.

Step 3: Register Your Business

Next, you’ll have to register your business with the NY Secretary of State. In order to do this, you will fill out either an articles of incorporation for a corporation or articles of organization for an LLC. This document will provide specific information regarding your business, including the following:

  • Company name
  • Principal place of business
  • Registered agent name/address
  • Purpose of the company; i.e. industry in which the company operates
  • Date when the company will begin doing business
  • Owner names/addresses

Be mindful of the applicable fees when submitting your documentation. You should also identify if there are any expediting filing options, particularly if you want to start doing business right away.

Register for State Taxes

Once you file formation documents, your business may need to register for state-level taxes. Businesses that sell goods must register for sales tax through the New York State Department of Taxation and Finance. Employers must also register for employee withholding tax, unemployment insurance, and workers’ compensation coverage. These registrations can often be completed through the state’s online Business Wizard portal.

Step 4: Obtain an EIN

Most businesses have to obtain an EIN for federal tax purposes. However, if you operate a sole proprietorship or single-member LLC with no employees, then you need not obtain an EIN. Even if you might not be required to obtain an EIN for federal tax purposes, however, you might still need one in order to open a business bank account. Most banks require an EIN before allowing a business owner to open a business bank account. Moreover, a lot of vendors require businesses to have EINs before agreeing to do business with them.

It is simple and easy to obtain an EIN. You can visit the IRS website and submit a request form online. If you submit the request online, you can obtain the EIN in as little as 1 hour. You can also choose to submit a form by mail or even request an EIN by phone if calling during normal business hours.

Step 5: Obtain Licensing and Permits

Depending on the type of industry in which you operate, along with whether or not you plan on hiring employees, you might need to obtain additional licensing and permits. For example, if you plan on operating a restaurant, you will need to obtain a license in order to serve food. If you hire employees, you will need to register for withholding taxes, unemployment insurance, and workers compensation. 

If you operate in the transportation industry, then your employees will need to obtain commercial driver’s licenses. Some other industries that require additional licensing and permits include the mining, trash removal, and construction industries. Be sure to check out the New York Secretary of State website to find out what is required of you before you start doing business.

Those entities operating in New York City will need a specific business license, regardless of what type of business or industry you are operating in. Some other cities in the state of New York also require local permits and licenses, simply for being geographically located in that area.

Local and Industry-Specific Licensing

In addition to state requirements, many businesses need local licenses to operate legally. For example, New York City requires licenses for a wide range of businesses, including food vendors, contractors, and retail establishments. Other municipalities may have similar requirements. Industry-specific licenses—such as liquor licenses, health permits for childcare, and professional licenses for accountants or real estate brokers—must also be obtained before operations begin. Always check with both the New York Department of State and your local city or county offices to ensure you have all necessary permits.

Biennial Statement Filing

Corporations and LLCs in New York must file a biennial statement with the Department of State every two years, confirming the address and name of the business’s registered agent. This filing ensures the state has updated contact information for service of process and official correspondence. The filing can be completed online and is a relatively low-cost but essential compliance step.

Frequently Asked Questions

  1. Do I need to register my sole proprietorship in New York?
    Yes, if you use a business name different from your legal name, you must file a DBA with the county clerk.
  2. What is the LLC publication requirement in New York?
    LLCs must publish notices of formation in two newspapers for six consecutive weeks and then file proof with the state.
  3. How do I register for sales tax in New York?
    You must register with the New York State Department of Taxation and Finance before making taxable sales.
  4. What is a biennial statement, and who must file it?
    LLCs and corporations must file biennial statements with the Department of State every two years to maintain compliance.
  5. Are there local licenses required to operate in New York?
    Yes, especially in New York City, many businesses need additional local permits or licenses depending on their industry.

If you need help with how to register a business in ny, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.