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.
If you're not a citizen, you must qualify as a resident alien to own a stake in an S Corp. Resident aliens are those who have moved to the United States and have residency but aren't citizens. Of the below, only permanent residents can own an S Corp.
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.
Out-of-state corporations doing business in New York may need a Certificate of Authority. This certificate comes from the New York State Department of State (NYSDOS). Businesses should consult an attorney to learn about legal structures.
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 New York state, business entities formed or incorporated outside New York that meet the criteria of “doing business” in New York are classified as foreign business entities and are required to register to do business in New York.
One newspaper must be "printed daily" and the other "printed weekly." The newspapers must be designated by the county clerk of the county in which the LLC has designated as its office location as stated in the application for authority. Publication must be done in New York State.
Out-of-state corporations doing business in New York may need a Certificate of Authority. This certificate comes from the New York State Department of State (NYSDOS). Businesses should consult an attorney to learn about legal structures.
Every corporation, domestic or foreign, must have a Registered Agent with a registered office within the State of New York at all times.