When do you need a New York Certificate of Status? A New York Certificate of Status is required when your business expands to another state (otherwise known as a foreign qualification) and needs to register in that state as a foreign corporation or LLC.
Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.
1 The SBA uses various standards for determining small business status based on numbers of employees, ranging from 50 to 1,500 depending on industry sector. In New York, Section 131 of the Economic Development Law defines a small business as one that has fewer than 100 employees and is independently owned and operated.
New York does not require business owners forming an LLC to have a business license in place before they register their LLCs or before they open their doors. This is good news for business owners operating on a tight budget. It's one less expense you'll need to cover when you're already paying to establish an LLC.
If you plan on conducting a for-profit business through a sole proprietorship or general partnership under any name other than your own, you are required by law to file a Business Certificate (also called a Certificate of Assumed Name).
In order for an individual to run a business from their home in New York State, it must be owned and operated by the individual living in the residence. Only one individual who is not residing in the home may be employed there.
Here's a step-by-step guide to starting a business in New York: Choose a business idea. Choose a name. Create a business plan. Select a business structure. Register your business. Get an employer identification number (EIN) ... Apply for business licenses and permits. Examine insurance options in New York.
Filing Fees In New York City, the fees are as follows: Bronx County: $100. Brooklyn (Kings County): $120. Manhattan (New York County): $100.
Occasional or sporadic sales activities do not usually amount to “doing business” in New York. New York courts do not typically consider factors like having customers in the state or making deliveries from an out-of-state factory as determinative. However, systematic merchandise sales may qualify as “doing business.”