How to Start a Business in New York (Step by Step Guide)

Are you thinking about starting your own business in New York? If so, then you have come to the right place!

On this page, you can find step by step DIY instructions on how to incorporate your business in New York. From selecting the business entity type to forms to be filled, we have covered it all.

Let’s get Started

The first step in setting up your business is to select the business structure.

Broadly there are 4 types of business entities that can be registered:

  1. Limited Liability Company (Most Popular)
  2. Corporation
  3. Sole Proprietorship
  4. Partnership

Each business structure differs on the basis of taxation, asset liability and estate planning. We have written a detailed tutorial on how to choose a business entity type for your business here.

Below we have given a broad outline of the steps involved in registering an LLC or Corporation in New York.

Clicking on each step, opens up a detailed guide on how to complete it.

How to Start an LLC in New York

Agency ResponsibleNew York Division of Corporations
Form(s) to be filledArticles of Organization
ModeMail, in-person, fax or Online
Name ReservationOptional, Fee $20 for LLC & $10 for Non-Profit (Mail)
Filing Fee$200 + Expedite fee $25-$150 (optional)
Time2 weeks (Option to expedite)
LawNew York Code: (201 – 214) Formation


Summary:

  1. Search for business name availability
  2. File for Business name reservation (Optional)
  3. Select a Registered Agent
  4. Fill Articles of Organization
  5. Prepare an Operating Agreement
  6. Get an EIN Number (IRS Form SS-4)
  7. Obtain business license and permits
  8. Apply for Tax ID number
  9. File Annual Report (Ongoing)

How to Start a Corporation in New York

Agency ResponsibleNew York Division of Corporations
Form(s) to be filledCertificate of Incorporation
ModeMail, in-person, fax or Online
Name ReservationOptional, Fee $20 for LLC & $10 for Non-Profit (Mail)
Filing Fee$125 + Expedite fee $25-$150 (optional)
Time2 weeks (Option to expedite)
Lawfill later

Summary:

  1. Search for a Business Name
  2. File for Business Name Reservation (Optional)
  3. Select Registered Agent
  4. Fill Certificate of Incorporation form (Form DOS-1239-f-l)
  5. Create Corporate Bylaws
  6. Get federal EIN Number
  7. Obtain business license and permits
  8. Apply for Tax ID number
  9. File Annual Report (Ongoing)



References:
https://codes.findlaw.com/ny/limited-liability-company-law/
https://www.nysenate.gov/legislation/laws/BSC

Last fact-checked on 25/07/2018

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New York LLC Operating Agreement (PDF / DOCX)

Looking for an operating agreement for your New York LLC? Well, you are in luck today. On this page, you can download a professionally¬†drafted operating agreement which you can modify and use for your LLC. And did we mention its totally FREE! Why your Must draft an Operating Agreement? The primary objective of the agreement […]

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New York Business Entity & Corporation Search

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