Should you form your corporation in New York? We’ve collected the relevant information that will help you make this decision.
Pros
No disclosure of owners
Qualified workforce
Home to one of the top 20 metro areas in the US
Cons
Competitive market
High real estate values
High cost of living
Cost of Doing Business
$135 filing fee / $9 bi-annual statement
Privacy
No disclosure of owners
Forming your corporation in New York
The Name
In order to communicate to the public that your new business is incorporated, its official name will need to end with one of the following signifiers (or a relevant abbreviation): “incorporated”, “Company”, or “corporation.” In addition, it is required that the name of your business is not intentionally misleading to consumers, for any reason. Your company’s new name must also be completely unique, and not deceptively similar to any other organizations name or trademarks. There are also several restrictions on terms commonly used in the insurance or financial industries. Do a FREE name search now.
Board of Directors Requirements
You will need to form an official board of directors when incorporating in New York. Here are the states explicit regulations regarding these directors:
Required number of directors
New York corporations must have at least one director listed in their incorporation documents.
Age restrictions
Directors of corporations located in New York must be at least 18 years old.
Residence restrictions
There are no residence restrictions imposed on the directors of C corporations in New York. However, S corporations are only allowed to have directors located in the United States.
What information needs to be included in the Articles of Incorporation?
New York does not require the names or addresses of directors to be disclosed in incorporation documents.
Requirements For the Articles of Incorporation
The Articles of Incorporation is a document that must be filed during the incorporation process in every state. Here is the information that must be included in this document when filing in New York:
Stock Information
New York requires the number of initial shares outstanding, and their par value, to be disclosed during the incorporation process. The number of outstanding shares does not affect initial state filing fees.
Officer Information
The state of New York does not require officer information to be disclosed during the filing process.
Registered Agent Information
All New York corporations must have a registered agent on file, and submit their name and address (which cannot be a PO box). This agent is required to be accessible during standard business hours and acts as the state’s point of contact with the company. Learn more about registered agents.
Corporate Record-Keeping Requirements
Corporations are required to keep formal documentation regarding several of their operations. These are the explicit record keeping formalities required by New York:
Complete and comprehensive financial records
Records that detail the owners, class, and transfer dates of all outstanding stock shares
Meeting minutes for all shareholder, director, and committee meetings
New York Corporate Taxation and Fee Requirements
There are several tax and fee requirements that must be addressed by corporations in New York. They are as follows:
Taxation
All states have complex taxation requirements. For more information regarding taxes in New York, it is advised that you visit the state’s official business related website.
Annual Report Requirements
Corporations in New York are required to file a bi-annual report every two years during their anniversary month. There is a $9 fee associated with this process. Learn more about annual reports.
Tax Identification Numbers
New York requires an EIN (employee identification number) for all corporations that will have employees, and most banks will require one to open accounts. New York does not require corporations to obtain state tax ID numbers. Learn more about EINs.
Business License Requirements
The business licenses and permits required in New York vary wildly depending on the county or municipality in which your new corporation is located. If you would like to see more in-depth information on licenses and permits, please feel free to visit the content in our learning library that covers these topics. Learn more about business licenses and permits.
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