NYS Incorporation

Incorporating in New York is Badass. Here's Why.

  • Limited Liability. Limited liability means that there’s a legal separation between you and your business. If something goes wrong and your corporation gets sued, creditors can typically only go after your business assets (not your apartment or the money in your personal checking account) to pay off debts.
  • Ownership Structure. This is a corporation, not some crazy free-for-all. There are rules, people. Owners (shareholders) elect a board of directors. The board of directors elect corporate officers. The corporate officers run day-to-day operations. These clearly-defined roles head off disagreements and convey stability to investors.
  • Corporate Formalities. New York corporations are subject to many more formalities than other businesses—think annual shareholder meetings and fastidious record-keeping. This might sound like a drag, but investors like formalities. They create accountability and transparency.
  • Prestige. Form a corporation in New York and you get to put a variation of “Inc” or “Corp” after your company name. Come on. It just sounds cool.

How to Incorporate in New York

To incorporate in New York State, you need to file a Certificate of Incorporation in with the New York Division of Corporations. Already incorporated in another state but want to do business in NY? Your business is considered a foreign corporation and you’ll need to obtain a New York Certificate of Authority (we can help with that!).

Incorporate yourself or hire us — either way, here’s how to get it done.


Get an EIN

An EIN is like a social security number for your business. Come tax time, the IRS will use it to identify your corporation.

How do I get an EIN for a corporation in New York?

You can apply for an EIN online for free with the IRS. Or you can hire us to get your EIN for you at checkout.

Do I have to get an EIN for my corporation?

Yes. The IRS requires you to get an EIN for your corporation to pay federal taxes. You’ll probably also need your EIN for a bunch of other things, like opening your bank account or applying for New York business licenses.


Create New York Corporate Bylaws

Corporate bylaws are the rules that govern how your corporation is run. Skipping this step would be like forgetting to tell your spouse you wanted an open marriage: it’s not going to end well. You need corporate bylaws so that everyone involved is on the same page for some pretty important stuff, like how big decisions are made.

Do I need to file corporate bylaws with New York state?

No. Corporate bylaws are an internal legal document.

What should corporate bylaws include?

Good corporate bylaws will create rules for how your corporation hosts meetings, issues stock, appoints directors and officers, deals with profits, and issues dividends. Your bylaws should also define voting procedures and spell out the process for amending bylaws.

How do I write bylaws?

Unless you’re a corporate lawyer, you probably shouldn’t. You can give all your money to a lawyer to create yours or you can just hire us to incorporate and we’ll provide corporate bylaws you can use.


Host Your Organizational Meeting

Your organizational meeting is where you iron out the details—adopt corporate bylaws, appoint officers, and make decisions about issuing stock. Maybe have some pizza too?


Open Your New York Corporation's Bank Account

Opening a business bank account is vital if you want to maintain your limited liability status. You’ll need to bring:

  • your New York corporation’s EIN
  • a copy of your Certificate of Incorporation
  • your corporate bylaws
Why do I need a bank account for my corporation?

A corporation is a separate legal entity, so you need to keep your personal finances separate from your corporation’s finances. Starting a dedicated bank account for your corporation is one of the key ways to make sure that happens.

Does my corporation need a bank account to accept credit card payments?

You bet. You will need to work with a payment processor if your corporation wants to accept credit card payments, and this will include the need for a bank account where the processor can deposit funds once a payment is cleared and settled.


Apply for a New York Business License

New York has a ton of weird regulations. Shocking, right? Depending on what kind of business you’ll be doing, you’ll probably need to apply for some sort of business license or permit on the city or state level.

Does New York require a business license?

There’s no general business license you need to do business in New York State. But you still probably need to secure a business license (or two or three or more) on the local level, depending on your business type.

What business licenses will my New York corporation need?

It really depends on what you’re doing and where you’re doing it. New York City corporations can use this New York City questionnaire to generate a customized list of requirements on the city, state, and federal level. Outside of NYC, corporations can use this New York State questionnaire. If you’re feeling old-timey, you can also just call up your county clerk and ask.

How much does it cost to get a business license in New York?

The cost of a business license in New York can vary greatly depending on your business activity and location. For example, in NYC, a food truck will pay $200 for a two-year permit while a seafood delivery business will pay $4,000.


File your New York Biennial Statement

New York corporations file a report—called the New York Biennial Statement—every two years. The purpose of the Biennial Statement is to update your contact information with the state. You can only file your New York Biennial Statement online through the state’s e-Statement Filing System.

How much is the New York Biennial Statement?

It costs $9 to file your New York Biennial Statement.

Do you have to file a Biennial Statement in New York?

Well, yes. If you don’t, your corporation will lose its good standing with the state, and that could make doing certain things—like opening a bank account or obtaining a Certificate of Existence—pretty difficult.

When is the New York Biennial Statement due?

New York corporations must file a Biennial Statement by the last day of the corporation’s anniversary month every other year. For example, if you incorporated in New York in January of 2020, your corporation’s Biennial Statement would be due on January 31st of 2022.


NYRA’s Zero-Frustration Incorporation Package

You’re right, “zero-frustration” is the single lamest thing we could rhyme with “incorporation.” Our bad. We could think up a better name, but this one’s pretty accurate. You can totally use the steps above to incorporate your own business in New York, but if you want to save yourself some paperwork and all the hassle that accompanies it, there are better options than the big-name legal sites.

Service Fee
New York State Filing Fee $130
Our Incorporation Service Fee $100
One Year Registered Agent Service $49
Total $279

As you can see, we handle those state fees for you, so at the end of the day, $149 gets you more than the other guys, for a lot less money.

  • 1 Day New York Incorporation (Holiday/Weekend Orders Processed Following Business Day)
  • 365 Days of Unbeatable New York Registered Agent Service
  • Free New York Corporate Bylaws
  • Free New York Corporation Resolutions Appointing Directors and Officers
  • Free New York Corporate Stock Certificates
  • Free Use of Our Address on Incorporation Documents
  • Online Account to Monitor, Track, and Receive Important Business Documents
  • Real-Time New York Biennial Statement Reminders
  • Free Credit Card Processing Consultation
  • Instant Document Delivery System
  • Instant Registered Agent Service
  • No Hidden Fees
  • Lifetime Client Support
  • Online Access to Additional Business Services

We’re not here to tell you that it’s a must to hire someone to help you incorporate in New York. However, we are here to tell you that choosing NYRA LLC has some serious perks. We help you knock out your corporate bylaws, and remind you when your biennial statement is due.