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Incorporate in New York - State Requirements

It is time well spent for you to research if your company will be better served by incorporation in a different state, other than your home state, before you move forward with plans to incorporate in New York. The law does not require that you incorporate your business in the state where your business is headquartered.

Because the state of Delaware provides the most progressive, supportive and inexpensive system for the formation of business entities, many experts recommend that you consider incorporation in Delaware, before you settle on registration in your home state. In fact, at least 50% of all Fortune 500 companies incorporate in the state of Delaware. For those companies the streamlined corporate bylaws, anonymity and tax benefits of Delaware are important business factors.

Whether incorporating in Delaware would have a significant impact on the operations of your company is an issue that you should explore before making a final business decision. We recommend that you read the "Incorporate in Delaware" article on this site. Then, either continue with your review of this article, and other steps to incorporate in New York, or begin the simple procedures that exist to carry out your incorporation in Delaware.

New York Name Search, Selection and Registration

A name search is a mandatory requirement of the company name registration process. Upon conclusion of the name search, any proposed name for a new corporation that is a duplicate of the name for an existing corporation will be denied registration. Following the same guidelines, any proposed name for a new corporation that can be construed as or mistaken for an existing domestic or foreign corporation will also be denied registration.

Names may not contain wording that implies that the corporation is organized to do business in a manner other than what is stated within the official filing of registration. Use of words or abbreviations for the banking or insurance industries, as well as for certain professions, are regulated, and must be pre-approved by the appropriate agency.

The word "Incorporated," "Corporation," "Limited," or an abbreviated version of one of these signifiers must be included as part of the incorporated business name.

New York Incorporation, Board and Operations Requirements

  • The S Corporation is a recognized entity, but it is subject to a franchise tax.
  • Initial filing fees may be altered if there is a change in the par value or shares.
  • The Board must have a minimum of three directors, unless there are fewer than three shareholders. In that case, there must be as many directors as there are shareholders.
  • There is no place-of-residence requirement.
  • A director must be 18 years of age, or older, and a natural person (human being).
  • Articles of incorporation do not require names of directors to be listed.
  • Articles of incorporation do not require names of corporate officers to be listed.
  • A copy of the stock ledger must be kept at the main corporate office.

  • If you want to learn more about the procedures that must be followed to incorporate in New York, you can read detailed articles on this site that explain how to select a business entity, as well as articles that outline the step-by-step process of incorporation.


    Want more information about registering a company? Visit our Guide. Check out incorporation fees by each state.

    Tip: Did you know that Delaware and Nevada are top two incorporation states?

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