How I Form New York Companies

Published: June 27, 2025 • Incorporation
How to Form a Company in New York | Sergei Tokmakov, Esq.
New York Business Formation

I frequently file New York entities. This guide captures the exact workflows I use for LLCs, corporations, nonprofits, and professional entities, plus the downstream tasks (publications, tax elections, foreign qualifications). Everything is written in my own voice so you know what working with me looks like.

Book 30-min call Email owner@terms.law

2–5 biz days

Typical NY Department of State turnaround with standard filing

$200

NY LLC filing fee (plus publication costs)

$125

NY corporation formation fee

$240/hr

My hourly rate for bespoke filings and cleanup

Why New York is different

Publication requirements, professional licensing boards, county clerks, and two layers of tax registration mean New York filings are never “one and done.” I give you the full roadmap so no deadline gets missed.

My approach

I gather facts with a 20-minute intake, determine the right entity + tax election, draft everything in Word/Google Docs for your review, then file electronically. I also provide template resolutions, initial minutes, and IRS forms when needed.

Who this page helps

Founders launching a startup, solo professionals forming PLLCs or PCs, nonprofit organizers filing a 1023/1023EZ, investors forming holding LLCs, and foreign founders who need an EIN and bankable entity.

Don’t forget timing: If you want S-corp status, the IRS Form 2553 must be filed within 75 days of formation (or 3/15 for calendar-year corps). I prep and file it with your package so the election doesn’t fall through the cracks.

How I decide between LLC, corporation, nonprofit, and other structures

Entity Best use case Key NY requirement Tax default
LLC Flexible ownership, pass-through taxation, holding companies Mandatory newspaper publication within 120 days Partnership/sole prop (can elect S/C)
Corporation Startups taking on investors, issuing equity, C-corp structures Biennial statements + franchise tax filings C-corp (can elect S if eligible)
Professional LLC/PC Licensed professions (medical, legal, design, therapy, etc.) NYSED pre-approval + publication Flow-through (PLLC) or corp
Nonprofit Corp Charities, education, religious, public-benefit projects Charities Bureau filings + IRS 1023/1023EZ Exempt (after IRS approval)
Limited Partnership (LP) / LLP Funds, film, real estate syndications, professional partnerships Publication (LP) and annual statements Partnership

New York LLC formation — step-by-step

  1. Name check & reservation (optional). I run a DOS database search and, if desired, reserve the name for 60 days.
  2. Registered agent & address plan. Use my NY registered agent or provide your own street address; PO boxes aren’t allowed.
  3. Prepare Articles of Organization. Include the purpose clause (default “any lawful purpose”) and county location.
  4. File with NY Department of State. Online filing fee is $200; expedited service available.
  5. Draft the Operating Agreement. Required even for single-member LLCs. I deliver a Word version with membership, capital, tax, and transfer provisions.
  6. Publication. Within 120 days, publish in two newspapers designated by the county clerk, then file the Certificate of Publication ($50 fee). Manhattan publications can exceed $1200; I often switch the county to reduce cost.
  7. Obtain EIN. I file Form SS-4 online or by fax (for foreign owners without SSNs).
  8. NY tax registrations. Sales tax, payroll tax, and Metropolitan Commuter Transportation District (MCTMT) as needed.
Foreign (out-of-state) LLCs must file an Application for Authority ($250) and appoint the NY Secretary of State, plus publication within 120 days.

New York corporation checklist

  1. Name clearance. Include “Corporation,” “Incorporated,” “Limited,” or abbreviation. Certain words (Bank, Finance, University) require consent.
  2. Draft Certificate of Incorporation. Includes share structure, county, registered agent/office, and purpose clause.
  3. File with DOS. $125 filing fee + optional expediting. I typically file online.
  4. Organizational meeting minutes. Adopt bylaws, appoint directors/officers, issue shares. I prepare the minute book and stock certificates or electronic ledger.
  5. Biennial statement. Due every two years in the anniversary month ($9 fee).
  6. Tax elections. File IRS SS-4 for EIN. Submit Form 2553 (S-corp) and CT-6 (NY S election) if you want pass-through taxation.
  7. Publication? Not required for business corporations (only LLCs/LPs/LLPs). Professional corporations must complete publication similar to PLLCs.
  8. NY Dept. of Labor & Sales Tax. Register via the Business Express account for payroll and sales activities.

Nonprofits, professional entities, and other New York filings

Nonprofit Corporations

I draft the Type (A/B/C/D) classification, charitable purposes, and dissolution clauses that the IRS requires. After DOS filing ($75), we file with the NY Charities Bureau and prepare IRS Form 1023/1023EZ.

Professional LLCs / PCs

Before filing, I obtain consent from the NY State Education Department (NYSED). Publication mirrors LLC rules. I include professional licensing language and ownership restrictions.

Limited Partnerships & LLPs

Great for funds and real estate deals. NY requires publication and annual statements. I prepare the partnership agreement, subscription docs, and investor suitability language.

Foreign qualification

If you already formed elsewhere, I file the Application for Authority (LLC/Corp), secure a Certificate of Existence from your home state, and handle publication + registered agent.

New York filings — transparent service tiers

LLC Essentials

$480–$720 (2–3 hrs)
  • Articles of Organization prep & filing
  • Operating Agreement (single or multi-member)
  • EIN + NY tax registrations
  • Publication workflow plan
Start my LLC

Startup Corporation

$720–$960 (3–4 hrs)
  • Certificate of Incorporation & bylaws
  • Initial minutes, stock issuance, cap table
  • EIN + IRS/NY S-corp elections (if desired)
  • Registered agent + compliance calendar
Schedule consult

Nonprofit / Professional Package

$960–$1,440 (4–6 hrs)
  • Nonprofit or PLLC/PC filings with NYSED/DOS
  • Charities Bureau registration
  • IRS Form 1023/1023EZ or professional bylaws
  • Publication & board compliance kit
Plan my filing
Add-ons: publication concierge ($400–$1,200 depending on county), rush filings ($75–$150 DOS fees), foreign qualification ($250–$400). I bill additional work at $240/hr in six-minute increments.

Frequently asked questions

Yes. Every domestic and foreign LLC/LLP/LP must publish twice within 120 days. I help you pick a low-cost county (like Albany) when legally possible.

You can use your street address, but it becomes public. Most clients use my agent network to keep privacy and avoid process servers showing up at home.

Standard DOS turn times are 2–5 business days. Same-day service is available for an extra state fee (currently $25, $75, or $150 depending on speed) plus my rush time.

I fax the SS-4 to the IRS with the foreign owner’s passport ID and deliver the EIN letter. Expect 5–10 business days.

Yes if you solicit or receive donations over $25k annually (with some exceptions). I file the CHAR410 or CHAR500 as part of the package.

Yes. I often sign as organizer/incorporator to keep your name out of the public record until the Operating Agreement or bylaws are adopted.

Tell me about your New York filing

I usually reply within one business day.