The New York Department of State Division of Corporations, State Records and Uniform Commercial Code processes corporate filings throughout the state. Individuals may file either a for-profit or nonprofit New York corporation. The Division of Corporations provides ready access to filing forms online. Filers should download the forms, complete them and send in the forms and filing fee to start a corporate business or charity in New York.
Access the Division of Corporation’s main web page at Dos.state.ny.us/corps/. On that page, you will see a menu on the left. Scroll over “Corporations/Business Entities” to find the “Business Corporations” and “Not-for-Profit Corporations” sections. From there , you can find a link for the filing forms.
Access the proper filing form by choosing the “Domestic” option. This means that you are filing a new New York corporation, not merely registering an existing out-of-state company.
You can then access the “Certificate of Incorporation” filing form. Note that you will be using the “professional service” version if you are opening a practice as a licensed professional (such as a group of doctors).
Fill out the “Certificate of Incorporation” for the business you seek to establish. Note that forms like this in all states are not designed to give legal advice. They provide merely the minimum necessary to form a corporation. You may wish to consult a New York business attorney to help structure your business. Also, you should always study Publication 557 (an Internal Revenue Service federal publication) before starting a New York nonprofit. This document tells you what to put in your New York incorporation documents to qualify for a federal tax exemption. You also have to apply separately with the IRS.
Prepare the New York business filing fees. As of 2010, the fee is $125 for all business corporations and $75 for nonprofits. Make checks payable to “Department of State.” You also must pay additional money for corporation shares. The minimum tax on shares is $10. There is a formula to determine how much you owe. Refer to the “Certificate of Incorporation” page of your chosen business to find that formula. You must use a certified check for any check over $500.
Send the incorporation form and fee to the following address:
Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
New York Certificate of Incorporation Information for Filing and Share Tax Formula
New York Division of Corporations Home Page