Why Start a Business in New York?
If you’re wondering how to start a business in New York, you’ll find the state offers extensive government support and a diverse economy — from finance and tech in NYC to manufacturing, biotech upstate, tourism, and more. The state offers plenty of government support and has a diverse economy — finance and tech in NYC, manufacturing and biotech upstate, tourism, and more. New York’s large consumer market and multiple airports make growth possible. Crucially, NY provides solid legal protections — courts known for enforcing contracts and laws that shelter founders from personal liability. The NY Labor Department even points new businesses to NYS Business Express, a one-stop portal for planning resources, license checklists, and guides. All this adds up: entrepreneurs get support to grow and go global, making starting a business in New York a smart choice.
Company Formation Options in New York
LLC vs Corporation: Key Differences
When exploring how to register a business in NY, it’s important to understand your options: you can form an LLC or a corporation, each with distinct features and legal requirements. In New York, you can form a limited liability company (LLC) or a corporation, among other entities. The basics: a corporation is a separate “legal entity,” like a person, with perpetual existence, limited liability, and easy share transfer. The company is overseen by its directors and shareholders, and it's required to hold yearly meetings to fulfill its governance obligations. An LLC is a hybrid: owners (members) get corporation-style liability protection but enjoy partnership-like flexibility. New York law requires LLCs to adopt a written Operating Agreement within 90 days of formation, while corporations must adopt bylaws at their first organizational meeting. In practice, small startups often choose an LLC for simplicity, while businesses seeking outside investors often form corporations.
Foreign Companies Registering in New York
When it comes to New York business registration, if your company was formed outside the state (known as a “foreign” corporation or LLC) but you want to operate in New York, you’ll need to officially register here. If you have a business formed outside of New York (like a "foreign" corporation or LLC) but want to expand into New York, you must file to do business here. If you're registering a foreign corporation in New York, you'll need to file an Application for Authority with the Department of State and pay a fee of 225 USD fee. For foreign LLCs, there’s a similar process. NY needs official notice and documentation that your company is allowed to operate here. Once registered, you’ll be on the official New York company register and can legally hire people, sign leases, etc.
Step-by-Step Guide to Registering a Business in NY
Check Name Availability in the New York Company Register
First, pick a name and check if it’s available. In New York, your business name must be unique and clearly different from any other names already on record. You can search the official New York corporate registry (also called the Corporation and Business Entity Database) to see existing entities. This is the NY company register. Keep in mind that in New York, a company’s name must clearly show its legal structure—like adding 'LLC' or 'Inc.'—and it can’t include any prohibited or restricted terms. You cannot rely solely on a database search — it only shows existing names — but it’s a good first check.
Choose Business Type and Structure
When considering how to open an LLC in NY, start by choosing the right legal structure for your business. Do you form an LLC or a corporation (or maybe a partnership)? This choice affects taxes, liability, management, etc. For example, LLCs generally have simpler rules and pass-through taxation, while corporations can sell stock and have formal governance. To figure out how to register a small business or startup, think about your goals: is it an LLC for flexibility or a C-corp for growth/investment? No matter what you pick, you’ll follow similar filing steps.
File Certificate of Incorporation or Articles of Organization
Now file the paperwork with New York’s Department of State. If you’re opening a corporation, you’ll need to complete and submit a Certificate of Incorporation. NY provides a form and instructions. The filing fee for an NY Business Corporation is 125 USD, payable to the state. You can file by mail or online via the NYS portal. The Department will issue a filing receipt once accepted. For an LLC, file the Articles of Organization instead. The fee for a domestic LLC is 200 USD. NY also allows online filing for LLCs; in fact, the DOS site notes you’ll get an email confirmation almost immediately. Whichever entity you form, be sure all required details are on the form (exact name, address, organizer, etc.) and the right fee is included.
Assign a Registered Agent or Use NY SOS
In New York, every corporation and LLC needs to name a registered agent — basically, someone who can accept legal documents on your company’s behalf. That person (or service) must have a physical address in the state. Don’t want to name someone? By default, the New York Secretary of State steps in as your agent. That means if your business gets served with legal papers, they go straight to the NY Department of State. A lot of small businesses just stick with the Secretary of State. But if you want more control — or privacy — you can appoint a third-party registered agent instead. It can be a person who lives in New York or a commercial service. Using a registered agent service costs a bit more, but it can help keep your personal address off public records. Whichever way you go, just make sure you list someone on your formation forms — the state won’t process your paperwork without it
Apply for EIN and Corporate Bank Account
After you file the state paperwork, you'll need to get an Employer Identification Number (EIN) from the IRS - this is your federal tax ID, which you need to hire employees or open a bank account. You can apply online at the IRS website. It's free and instant. With your EIN, you can open a US business bank account. Many banks require the EIN and your state's formation documents. Some incorporation services, like Icon.Partners, will even help with the EIN process and bank setup, but you can also do this yourself once you have the EIN.
Publish Your LLC (If Applicable)
New York law requires that within 120 days of forming your LLC, you must publish a notice in two newspapers—one daily and one weekly—based in the county where your LLC is located. Once the ads run, you’ll need to submit a Certificate of Publication to the state along with the affidavits from the newspapers. This step comes with a $50 filing fee. It’s smart to plan ahead — you can handle the publication yourself or hire a service to help. Some entrepreneurs choose to form a corporation in New York instead to skip this publication rule entirely.
File Biennial Statement and Maintain Compliance
New York law says that every corporation and LLC must file a Biennial Statement with the Department of State every two years. This keeps your address and officer info up to date. You pay a small 9 USD filing fee each time. You’ll be notified via email when it’s due, but you can also file online any time during your due month. As part of ongoing compliance after NYS corporation formation, you also need to maintain good records: NY law says corporations must keep minutes of meetings, a shareholder list, and other records. Hold your annual shareholder or member meetings, issue stock certificates, and promptly renew any licenses/permits. Missing filings or deadlines can trigger penalties or loss of good standing.
NY Business Express and Online Registration
Using NYS Incorporation Online Portals
New York offers online filing to make registration easier. The NYS Business Express portal (you'll need a NY.gov ID) is an online platform that allows you to submit formation documents electronically. For example, you can file articles of organization for an LLC via Business Express, check if a name is available, and even get your filing receipt by email. Many business owners like the portal because it's easy to use. It walks you through each step, keeps your data safe, and lets you pay with a credit card. NY Business Express is also a helpful tool for applying for any licenses or permits you might need. It has a step-by-step wizard that points you to the right state and local rules.
Common Filing Mistakes to Avoid
Watch out for pitfalls. Common errors include using a name that’s too similar to an existing one, forgetting the corporate suffix “Inc,” or “LLC,” or paying the wrong fee. For LLCs, failing to publish timely is a serious error. Also, double-check that your Certificate/Articles have no blank required fields. If you incorporate by mail, avoid old forms or handwritten fixes. Online filers should confirm all data before submission. Finally, be aware of deadlines: missing the biennial statement or failing to update your address with the DOS can jeopardize your good standing. Careful preparation and review will save you time and headaches later.
Costs of Company Formation in New York
State Filing Fees and Registered Agent Fees
Plan your budget around the mandatory fees. NY charges $25 USD to file a Certificate of Incorporation for a business corporation and 200 USD to file Articles of Organization for an LLC. If you skip publication (for corporations), there’s no newspaper fee, but for LLCs, you’ll pay whatever the newspapers charge plus the 50 USD state certificate fee. If you hire a registered agent service instead of using the DOS or yourself, that might run 100–300 USD/year. Also consider franchise taxes or other state taxes that apply each year.
Optional Services and Add-ons
Part of understanding how to get an LLC in NYC is knowing which additional services are optional. You can add on services for convenience: expedited processing, certified copies, or a certificate of status (25–50 USD each), or hiring a lawyer or filing service. Some entrepreneurs buy official “corporate kits” (seal, stock certificates, etc.), but these are optional. If using Business Express, there’s a 2.50 USD convenience fee on top of the state fee. Make sure to only pay official fees: many sites will say “file in NY” for higher prices — always confirm with the NY DOS fee schedule or official site.
Company cost in New York
Name of the service
Start
Basic
Business🔥
Pro
Company registration, including state duty
✅
✅
✅
✅
Articles of Incorporation
✅
✅
✅
✅
Share certificate
✅
✅
✅
✅
Minutes of the meeting of the company`s directors
❌
✅
✅
✅
The corporation`s record book
❌
✅
✅
✅
Assigning an EIN from the US Internal Revenue Service (IRS)
❌
❌
✅
✅
Opening a corporate account in New York
❌
❌
✅
✅
Agreement with investor and shareholders agreement
❌
❌
❌
✅
Support for attracting Investments
❌
❌
❌
✅
Total cost
350 USD
250 USD
1343 USD
890 USD
2131 USD
1365 USD
5438 USD
3625 USD
Annual renewal
577 USD
577 USD
577 USD
577 USD
from 650 USD
from 650 USD
from 650 USD
from 650 USD
Annual submission of accounting statements
*The offer is valid until 30/09/2025
How Icon.Partners Supports Your NY Business Setup
Starting a company remotely can be tricky — that’s where Icon.Partners comes in. We handle all the paperwork for you. You just provide basic info, and our specialists draft and file your Certificate of Incorporation or Articles of Organization in NY. Icon.Partners also gives clients handy resources. You get free templates for corporate bylaws, LLC operating agreements, and other formation documents. Our team can advise on naming rules, registered agent needs, and compliance deadlines. New York law requires a NY-registered agent/address. Icon.Partners can provide a legally registered office address in NY, even if you’re based abroad. This satisfies the legal requirement without you having to travel or use your private address. We also offer virtual office services — mail forwarding and a business address — so your company has a professional footprint in New York.
5.0
"Their adept use of technology for communication and project management streamlined the entire process."
Thanks to Icon.Partners' efforts, the client was able to integrate with major platforms, such as Google, Facebook, and Stripe, and optimize their platform. The team was highly supportive and responsive from a workflow standpoint, and internal stakeholders were particularly impressed with the service provider's flexibility, professionalism, and technical prowess.
Oleksandr Platonov
CEO, VorfahrQR UG
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Apr 10, 2024
5.0
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The client is satisfied with Icon.Partners' work, whose documentation is a vital part of their success. The client resolves legal and financial issues with the help of the team. Their excellent communication skills, timely delivery, modern approach, and diverse expertise make them a great partner.
Anton Tkachov
CEO of Gotoinc LTD
Cyprus📍
Jan 18, 2024
Reviews
5.0
"Their adept use of technology for communication and project management streamlined the entire process."
Thanks to Icon.Partners' efforts, the client was able to integrate with major platforms, such as Google, Facebook, and Stripe, and optimize their platform. The team was highly supportive and responsive from a workflow standpoint, and internal stakeholders were particularly impressed with the service provider's flexibility, professionalism, and technical prowess.
Oleksandr Platonov
CEO, VorfahrQR UG
Germany📍
Apr 10, 2024
Reviews
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