Form with which a corporation may resolve to alter its corporate status top that of a subchapter (S) corporation.
S Corporation With One Shareholder In New York
State:
Multi-State
Control #:
US-0046-CR
Format:
Word;
Rich Text
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FAQ
How to Start an S-Corp in New York Step 1 – Choose a name. Step 2 – Choose a registered agent. Step 3 – File Articles of Organization. Step 4 – Create an operating agreement. Step 5 – Apply for an EIN. Step 6 – Meet the New York LLC publication requirement. Step 7 – Apply for S Corp status with IRS Form 2553.
Please note New York City does not have an S corporation election and does not recognize a New York State S corporation election. In general, federal subchapter S corporations and qualified subchapter S subsidiaries are subject to the GCT.
Every corporation, domestic or foreign, must have a Registered Agent with a registered office within the State of New York at all times.
Each state requires an agent because if an S corporation is brought to court, it must be properly notified so it can respond to the court summons. A registered agent helps ensure that all parties in a business suit are properly notified.
Yes, you can technically be your own Registered Agent in New York, but there's no reason to be. This is because New York is very different from most other states in that every Limited Liability Company (LLC) has the same Registered Agent by default. We'll explain.
How to Start an S Corp in New York Step 1: Choose a Business Name. Step 2: Obtain EIN. Step 3: Certificate of Incorporation. Step 4: Registered Agent. Step 5: Corporate Bylaws. Step 6: Directors and Meeting Requirements. Step 7: Stock Requirements. Step 8: Biennial Statement.
With certain exceptions, a corporation is treated as having only one class of stock if all outstanding shares of stock of the corporation confer identical rights to distribution and liquidation proceeds. The regulations then elaborate on how to analyze if there are identical distribution and liquidation rights.