How to Incorporate in New York

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New York Department of State — Division of Corporations, State Records & UCC
One Commerce Plaza
99 Washington Avenue — 6th Floor
Albany, NY 12231-0001

518.473.2492 telephone
518.474.1418 facsimile

Statutory Authority: Business Corporation Law — N.Y. BSC Law § 101 (2012)

The following information is legally necessary and sufficient to form a for-profit corporation in New York:

1. Company name
2. County where the corporation office will be located
3. Number and par value of authorized shares
4. Name and address to which the Secretary of State shall mail a copy of any process accepted on behalf of the corporation
5. Signature, name and address of incorporator
6. Name and mailing address of the filing party

Post Formation and Ongoing Compliance

1. Draft and adopt bylaws.
2. Hold initial organizational meeting.
3. Obtain a federal employer identification number by completing IRS Form SS-4.
4. If electing S Corporation status, file IRS Form 2553 within 75 days of when the election is to take effect. Once the Internal Revenue Service grants approval, you must file NY Form CT-6 with the New York Department of Taxation and Finance.
5. Open company bank account.
6. Create and maintain company records book.
7. Hold annual meetings.
8. File a Biennial Statement.
9. File and pay New York franchise taxes annually.

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