Starting a business is an exciting journey, but it requires careful planning—especially when it comes to legal registration. If you’re planning to operate in New York, it’s crucial to understand the specific steps required by the state. This guide outlines How to register a business in New York State, helping you stay compliant and get your venture off to a strong start.
1. Choose Your Business Structure
Before anything else, determine your business entity type. The most common structures include:
- Sole Proprietorship
- Partnership
- Limited Liability Company (LLC)
- Corporation (C-Corp or S-Corp)
Each type has different legal, tax, and liability implications, so consult with a legal or business advisor if you’re unsure which one suits your needs best.
2. Pick a Business Name
Once you’ve chosen your structure, select a unique and distinguishable business name. In New York, your business name must not be in use by another registered entity. You can check name availability through the New York State Department of State’s Corporation & Business Entity Database.
If you plan to use a name other than your legal business name, you must file for a Certificate of Assumed Name.
3. Register with the New York Department of State
For most entity types—especially LLCs and corporations—you must file formation documents with the New York Department of State, Division of Corporations.
- LLCs must file Articles of Organization (Form DOS-1336).
- Corporations must file Certificate of Incorporation (Form DOS-1239).
Once filed, you’ll receive confirmation and an official filing receipt.
4. Meet the New York Publication Requirement (For LLCs)
One unique step in The Complete Checklist for Registering Your Business in New York State is the LLC publication requirement. Within 120 days of formation, LLCs must publish a notice of their formation in two newspapers (one daily and one weekly) for six consecutive weeks. After publication, you’ll need to file a Certificate of Publication with the Department of State.
5. Apply for an EIN (Employer Identification Number)
An EIN, or Employer Identification Number, is essentially your business’s Social Security Number. It’s required for:
- Hiring employees
- Opening business bank accounts
- Filing taxes
You can apply for an EIN for free through the IRS website.
6. Register for State Taxes and Permits
Depending on your business type and services, you may need to register for:
- Sales Tax Certificate of Authority (if selling tangible goods)
- Withholding Tax (if you have employees)
- Unemployment Insurance
You can register online via the New York State Business Express portal.
7. Obtain Necessary Local Licenses and Permits
New York State doesn’t require a general business license, but local municipalities might. Depending on where your business operates (e.g., New York City, Buffalo, Rochester), you may need additional local permits or zoning approvals.
8. Open a Business Bank Account
To separate personal and business finances, open a dedicated business bank account. Most banks will require:
- Your EIN
- A copy of your formation documents
- Your business license (if applicable)
9. Comply with Ongoing Requirements
Finally, don’t forget about ongoing compliance. For example:
- LLCs and corporations must file Biennial Statements every two years.
- Corporations have to maintain meeting minutes and corporate records.
- You’ll also need to file state and federal taxes annually.
Final Thoughts
Navigating the legal steps of forming a business in New York can seem overwhelming, but it’s entirely manageable with a good plan. By following The Complete Checklist for Registering Your Business in New York State, you’ll ensure that you’re compliant with both state and local laws—setting your business up for long-term success.
