Your corporation's name must be recognizably different from the names of other business entities already on file with the New York Secretary of State. Make sure that you have entered responses in all required fields, and that you have spelled the name of the corporation correctly. Your package will include any incorporation fees required by the state, simplifying the process of meeting industry regulations so you can start running your business as soon as possible with a modicum of paperwork-induced headaches. You may still need to take care of getting set up to do business with your local government. The form is available here online,. Consent for Dissolution Once the New York Department of State verifies your corporation is current on tax return filings and tax liabilities, it will issue a written statement giving consent to dissolve the corporation.
In addition, you will need to decide whether you will be a for-profit or nonprofit company. The completed Certificate of Incorporation is filed with the Department of State pursuant to Section 402 of the Business Corporation Law. Prepare the Certificate of Incorporation in the proper format. You can submit a statement that there is no par value instead. If the name is not available, the foreign corporation must use a fictitious business name in New York. We can also help you confirm that your business follows other regulations to expedite the incorporation process, allowing you to begin operating in New York as soon as possible. It makes no difference if there was little or no activity in the previous 12 months or even since start up.
We give you other free corporate forms as well, including resolutions and meeting minute templates. Nothing more needs to be added unless you wish to have a different stock structure. You may act as your own Registered Agent, however, many New York Corporations hire a Registered Agent because they don't have a physical address within the state of New York or to provide a distinct level of privacy. Normally Directors for your New York Corporation are elected for a term of one year. Searching the availability of a corporate name does not reserve the name. Problems like these are beyond our control and are not covered by this guarantee.
Many businesses and nonprofit organizations choose to incorporate in New York because it affords easy access to a large population of consumers. Corporations are also required to pay state and federal income taxes. A New York Good Standing Certificate is often required for loans, to apply for business licenses, or for tax or other business purposes in the state of New York or in any other state. In fact, it is better if you make a statement that is general enough to allow your company to grow over time, without having to file an amendment to the Certificate of Corporation. The filing receipt is mailed two business days after the Certificate of Incorporation is filed by the Department of State. You should consider meeting with an attorney to discuss your decision. However, this online search is only a preliminary indication that the name is available at the time of your search, but it does not reserve the name.
This state also services many small businesses, particularly in major industries like finance and communication. Final Tax Reporting Before you can dissolve your corporation, you must complete and file a final corporate tax return, regardless of whether or not there was any activity during the year. A certified copy may be obtained by submitting a written request along with the Certificate of Incorporation, or at any time after the filing of the Certificate of Incorporation with the Department of State. See Section 404 of the Business Corporation Law. Signing the Certificate of Incorporation The incorporator or incorporators, if there is more than one, must sign the Certificate of Incorporation. A corporation separates your personal property from the property and obligations of the corporation.
Appoint a Registered Agent Every New York corporation must appoint the New York Department of State as its registered agent for service of process in the state. The application must be filed by mail. Issue Stock Issue stock to each shareholder. Forming a new Corporation is one way to protect your personal assets. What authority and duties do they have? When you form your New York Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize. The Department of State recommends that a lawyer guide the preparation of these and other legal documents.
This guide outlines the ongoing requirements for New York corporations. It provides some of the protection from personal liability that comes with a corporation, but you still will report the income as part of your personal tax return. New York requires that you include your agent's name in your Articles of Incorporation. Your bylaws answer key questions about your internal operations. Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the New York Corporation will have and a description of each of their duties.
The New York Department of State regulates many issues related to business incorporation in New York. We can prepare the S Corporation Election form for you and include it with your Incorporation documents. When choosing a name, it is important to find one that has not already been registered by another business. Issue Stock Certificates to the Initial Shareholders Corporate stock is evidence of ownership of a New York Corporation. When you form a business in New York state, there are certain steps that must be followed to ensure it is legally on the books. Other agencies with useful information include the and the. To avoid a default judgment, the corporation should keep the address for service of process current by filing its Biennial Statement, or a Certificate of Change or Certificate of Amendment, as appropriate.