Incorporating in New York

For complete and current information concerning New York corporations you should go to the state’s official web site . The following is not an attempt to present all you need to know when forming a corporation in New York but rather to call your attention to just some of the basic information and requirements you may want to know as you submit information to form your corporation.

The information herein is cited from the the state’s official web site, and while we make every effort to ensure its accuracy, MaxFilings cannot and does not guarantee that all of the information is accurate or complete and/or current and should therefore be independently verified.

New York corporation name:

A New York corporation name must be distinguishable from the names of other business entities already on file with the New York Department of State and shall contain the word "corporation", "incorporated" or "limited", or an abbreviation thereof. The corporation’s name cannot contain words suggesting it is another business entity or that it is organized for a purpose not permitted by state law or that it is a public corporation or government agency.

New York corporation board of directors:

The board of directors of a New York corporation shall consist of one or more members with the number being fixed by the bylaws or by action of the shareholders or the board under the specific provisions of the bylaws adopted by the shareholders. If not otherwise fixed as may be allowed, the number shall be one. Directors must be at least 18 years of age while additional qualifications may be set forth in the corporation’s certificate of incorporation or bylaws.

New York corporation officers:

A New York corporation’s board of directors may elect or appoint a president, one or more vice-presidents, a secretary and a treasurer, and such other officers as it may determine, or as may be provided in the by-laws. The certificate of incorporation may provide that all, or specified, officers shall be elected by the corporation’s shareholders instead of by the board of directors. The same person may simultaneously hold more than one office and when all of the issued and outstanding shares of the corporation are owned by one person, they may hold all or any combination of offices.

New York corporation shareholders’ and directors’ meetings:

A New York corporation’s shareholders’ meetings may be held at such place, within or without the state of New York, as may be fixed by or under the bylaws, or if not so fixed, at the corporation’s New York office. Shareholders’ meetings shall be held annually for the election of directors and the transaction of other business on a date fixed by or under the bylaws.

Special shareholders’ meetings may be called by the board of directors and by such person(s) as may be so authorized by the certificate of incorporation or the bylaws.

Regular or special board of directors’ meetings may be held at any place within or without  the state of new York, unless otherwise provided by the certificate of incorporation or the bylaws, with the time and place for such meetings being fixed by or under the bylaws or, if not so fixed, by the board.

New York taxes:

See the New York Department of Taxation and Finance web site.

New York Registered Agent:

In New York the Secretary of State must be designated as the agent who will receive service of process on behalf of a New York corporation. The corporation may also designate a registered agent to receive service of process. If you choose to do so and have MaxFilings provide you with a professional registered agent, you can be assured that all legal documents, tax documents, annual reports, and correspondence with the state and regulatory agencies will be handled promptly, professionally, and efficiently.

Start forming your corporation now:

If you’re ready to form a New York corporation, you can start entering your information now. You’re under no obligation, and there is no charge until you actually place your order.

New York requires the Secretary of State to be designated as the agent who will receive service of process on behalf of the corporation. In addition, a New York corporation may designate a registered agent upon whom process may be served.

Incorporate in New York