-
How do I register a company in New York?
To register a company in New York, you must file the Articles of Organization (for LLC) or Certificate of Incorporation (for Corporation) with the New York Department of State (Division of Corporations). Once approved, you receive a filing receipt confirming your business registration.
-
What is the cost of company registration in New York?
The state filing fee for an LLC is $200, while a Corporation requires a $125 filing fee. Additional expenses may include publication costs, registered agent fees, and federal EIN application charges.
-
What is the difference between an LLC and a Corporation in New York?
An LLC offers flexible ownership, pass-through taxation, and limited liability for members. A Corporation has a formal structure with directors, shareholders, and officers, suitable for investors and larger companies.
-
Is it mandatory to have a Registered Agent in New York?
Yes, every company must appoint a Registered Agent in New York to receive legal documents and official notices from the state. The agent must have a physical address within New York.
-
What are the name requirements for a New York company?
Your company name must be unique and not misleading. LLC names must include “Limited Liability Company” or “LLC,” while Corporation names must end with “Corporation,” “Incorporated,” or “Limited.” You can check availability through the New York Corporation & Business Entity Database.
-
How long does it take to register a company in New York?
Standard filing usually takes 5 to 10 business days. Expedited options are available for an additional fee, allowing approval within 24 hours in some cases.
-
What is the publication requirement for New York LLCs?
New York LLCs must publish their formation notice in two newspapers (one daily and one weekly) for six consecutive weeks. After completion, an Affidavit of Publication and Certificate of Publication must be filed with the NY Department of State.
-
Do I need an EIN to operate a business in New York?
Yes, an EIN is mandatory for opening a U.S. bank account, hiring employees, and paying federal and state taxes. You can obtain it from the IRS.
-
Can a non-resident or foreign national open a company in New York?
Yes, non-residents can register companies in New York. They must appoint a local Registered Agent and provide valid identification and address proof for compliance.
-
Is a physical business address required in New York?
Yes, all companies must have a physical address in New York to receive legal and tax correspondence. Virtual addresses are not accepted for official purposes.
-
What are the annual compliance requirements for New York companies?
LLCs must file a Biennial Statement every two years with a $9 fee. Corporations must file an Annual Franchise Tax Report and pay state taxes based on income or capital.
-
Do I need a business license in New York after registration?
Yes, depending on your industry, you may need permits from city or county authorities—e.g., restaurants, retail stores, and professional services.
-
What taxes do New York companies have to pay?
Businesses in New York may be subject to corporate income tax, franchise tax, and sales tax. LLCs are usually taxed as pass-through entities.
-
Can I register a company online in New York?
Yes, you can register online via the New York DOS Division of Corporations e-Filing System. Applications, fee payments, and status tracking are available online.
-
What is a Biennial Statement in New York?
A Biennial Statement updates the state on your company’s address, officers, and Registered Agent. It must be filed every two years in your formation month.
-
What happens if I don’t comply with the publication requirement?
Failure to meet the publication requirement may suspend your LLC’s authority to conduct business in New York but does not dissolve the entity.
-
Can I convert my New York LLC into a Corporation?
Yes, you can convert an LLC to a Corporation by filing a Certificate of Conversion along with a Certificate of Incorporation.
-
How do I close or dissolve a company in New York?
You must file the Articles of Dissolution with the Department of State and settle all taxes with the New York State Department of Taxation and Finance.
-
What penalties apply for late or non-filing of annual reports?
Penalties may include fines, interest on unpaid taxes, and suspension of business privileges in New York.
-
How does Ebizfiling assist with company registration in New York?
Ebizfiling helps with name reservation, filing formation documents, EIN registration, publication compliance, and annual report filing to keep your company compliant.