New York Articles of Incorporation

Order Registered Agent Service

New York articles of incorporation are filed to create a corporation.

Preparing and filing your articles of incorporation is the first step in starting your business corporation. Approval of this document secures your corporate name and creates the legal entity of the corporation. Only after this approval can the corporation apply for tax IDs, obtain business licenses, sign contracts, and otherwise conduct business.

Benefits

Incorporating provides many important benefits:

  • Limits the liability of directors, officers, and shareholders
  • Fulfills statutory requirements to register your business name
  • Provides governance and adds credibility

Fast Facts

For Domestic Corporations:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Certificate of Incorporation

Instructions:

Forming a Business Corporation in New York

Filing Method:

Mail, in-person, fax, or online

Agency Fee:

$125 + $10 tax on 200 no par value shares (minimum share tax) + optional $25-150 expedite fee

Turnaround:

~2-4 weeks. ~1 business day for $25 expedite fee. Same-day for $75 expedite fee, must be received by noon. ~2 hours for $150 expedite fee, must be received by 2:30pm. If you file an expedited request after the cut-off time, it will be returned to you; it will not be held for processing the next day.

Law:

NY Code - Business Corporation Law

Notes:
  • If faxing, use the Credit Card Authorization form.
  • The NY Division of Corporations accepts check, money order or credit card.
  • The Department of State will issue an official filing receipt that contains the filing date, which is also the date of incorporation.
Fact Checked:6/16/17

For Domestic Professional Corporations:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Certificate of Incorporation (professional service)

Agency Fee:

$125

Fact Checked:6/13/17

Other Helpful New York Facts

As you are preparing to incorporate, keep in mind the following requirements specific to New York.


New York Directors

  • Number: One or more required.
  • Qualifications: None.
  • Quorum: Majority of directors, unless articles of incorporation fixes a different number. No less than one third.

New York Officers

  • As stated in the bylaws or as determined by the Board.

New York Bylaws

  • Required: Yes.

New York Annual Shareholder Meeting

  • Required: Yes.
  • Action by written consent: Allowed if by all shareholders entitled to vote on the action.

New York Shareholders

  • Qualifications: N/A
  • Stock Certificate: Required.
  • Voting Trusts Allowed: Yes.
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