When looking to expand a business, a familiar first step is often to incorporate. Incorporating a business comes with a host of advantages like limited liability protection for owners and easy ownership transfer. Yet, the process of incorporating may not always be straightforward. Especially in complicated legal environments, like the state of New York, where having the right legal counsel and knowledge of the process is essential. Here are five of the top things to consider when it comes to incorporating a business in New York.

1. Form a Business Plan

A business plan is key to implementing a successful strategy for incorporating in New York. It serves to provide structure and direction for business operations, while helping to ensure that all pillars within the business are well-considered. Further, as a means of communicating the expected value of the business to potential investors, it may be a necessary part of incorporation proceedings.

2. Choose the Appropriate Business Structure

The structure chosen for a business can have major implications on how and when to incorporate in New York. It is important to review the various structures available and how they may fit with the goals and mission of a business. For example, businesses that are looking to attract outside investors may find the Limited Liability Company (LLC) structure attractive. This is due to its ability to enable businesses to collect investments from outside stakeholders, while providing the owners with assets protection from its members.

3. Comply With State and Local Regulations

Regulations both at the state and local level must be taken into consideration when incorporating a business in New York. This may include the tax break or incentive programs that the state offers to certain businesses. The regulations may also vary depending on the desired business structure. For example, businesses electing to incorporate as an LLC may be subject to tighter required requirements.

4. Consider a Professional Service Provider

To ensure a level of quality in one’s business operations, enlisting the help of a professional service provider is another essential consideration. This may take the form of obtaining legal counsel from a law firm, or leveraging a professional freelance service that allows for quick and easy access to experienced lawyers. Doing so can provide businesses with an advantage in helping to ensure that the entire process of integrating a business in New York is done correctly and efficiently.

5. Develop an Exit Strategy

When it comes to incorporating in New York, an important factor to consider is developing an exit strategy. This is important in order to have a clear vision of the end-goal of the business, and understand what must be done to achieve such an objective. An exit strategy may involve exploring dissolutions or a way for shareholders to eventually exit the entity.

Incorporating in the state of New York can be a time-consuming task, yet it is necessary for any business that intends on operating in the state. With the proper guidance and by considering the five points discussed in this article, businesses can have a better chance at making the process successful in achieving the desired results.


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