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What are the key differences between these two business structures? The simple answer is that an LLC is a business entity whereas an S-corporation is a tax classification for a corporation. An S-Corporation is an elective tax classification that offers liability safeguards and transfers income through to the owners.
Domestic and foreign business corporations are required by Section 408 of the Business Corporation Law to file a Biennial Statement every two years with the New York Department of State.
How to Form a Corporation in New York Choose a Corporate Name. ... File Certificate of Incorporation. ... Appoint a Registered Agent. ... Prepare Corporate Bylaws. ... Appoint Directors and Hold First Board Meeting. ... Issue Stock. ... File New York Biennial Statement. ... Comply With Other Tax and Regulatory Requirements.
Corporate bylaws are legally required in New York. ing to NY Bus Corp L § 601, corporate bylaws ?shall be adopted? by an organization's incorporator(s) at the initial organizational meeting. That means that in New York, you'll need to adopt bylaws to comply with the law.
A corporation is formed when a certificate of incorporation, along with the appropriate filing fee, is filed with the New York Department of State. The certificate of incorporation must contain the following: Name of the corporation. Names and addresses of incorporators. Address for registered agent.