NYS Corporation Filing Fees are the fees required by New York state for corporations to conduct business in the state. A filing fee is required with the business's articles of organization when it is first formed.

How to Register a Business in New York State

In order to start a business in the state of New York, you'll need to complete the following requirements:

  • Choose a name.
  • File articles of organization.
  • Publish articles of organization.
  • Form an operating agreement.
  • Choose a registered agent.

Choosing a Name

New York State has strict requirements for business names compared to some other states. The most basic requirement is that the name has to be different from any other business names currently registered in the state. Business owners will need to make sure their names will be approved by the NY Department of State by following all of the rules.

A limited liability company must include some form of the words "limited liability company" at the end of their name. A corporation must include some form of the word "incorporated" at the end of their name.

Business names in New York are not allowed to use certain words or phrases that could suggest a state or federal agency or that the business has a license or certification that it does not actually have.

If you're not sure if your name is original and available for use, you can perform an online search using the New York Department of State database search tool.

Articles of Organization

The articles of organization for a business hoping to form in New York State can be filed using the DOS-1336 form. You'll want to be sure that you include all of the required information, so it's a good idea to have everything ready to go and all the big decisions made when you file out the form.

You'll need to include the following information:

  • Business name and address
  • Names and signatures of all owners
  • Name and address of registered agent
  • Taxpayer ID number (also called an EIN or employer identification number)
  • Required permits and licenses (these depend on what type of business is formed)
  • Required fees (payable in cash or via check, credit card, or money order depending on how the articles are filed)

Processing these necessary forms and officially starting a business in New York usually takes between six and seven weeks.

Publication

Businesses have up to 120 days from their articles of organization filing date to publish their formation documents in at least two different newspapers for six weeks in a row. If this publication requirement is not met, the LLC could be put on hold and unable to operate until the publication is out.

This publication can simply be a copy of the company's articles of organization or a written notification of their business's formation.

LLC law states that companies must publish a notice that their business has formed. This can be done using the articles of organization that was already filed with the state, or the owners can draft their own notice to share. If they choose to write their own notice, they must include basic information like the business's name, etc.

An affidavit of publication and a certificate of publication must be provided along with a filing fee to the New York Department of State.

Operating Agreement

If a business has more than one owner, they will need to draft an operating agreement. This is a document that basically gets everyone on the same page and holds them to their business plans throughout the life of the company.

A thorough operating agreement should cover the following topics:

  • Income distribution
  • Taxes
  • Ownership roles
  • Business structure (board of directors, etc.)

Operating agreements don't necessarily have to be filed along with the company's formation documents, but they do need to be provided up to 90 days after the business registered with the state.

Registered Agent

If a business does not choose their own registered agent, New York State will fill that role. A separate registered agent should be in place in order to accept service of process and other legal documents. This individual or company must be available during normal business hours throughout the week.

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