New York Filing Fees

What are the Business Filing Fees in New York?

Starting a business in New York means paying a variety of government filing fees. We’ve compiled the most common ones here so that you’ll know what to expect.

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New York requires statutory entities such as limited liability companies (LLCs) and corporations to pay filing fees to form their business within its borders. But once your business is officially formed, you need to keep it in good standing with the state. If you need to create your business, we can help with our LLC Formation service or Corporation Formation service.

An important part of staying legally compliant is making sure that you pay all necessary fees throughout the life of your business, not just when it’s first formed. If keeping up with the various filing fees for your New York business feels overwhelming, you’re not alone. Use our guide below to help you get started.

Step 1: Pay your New York business’s initial filing fees

Paying your initial filing fee in New York officially registers your business, authorizing you to commence operations. Newly formed businesses pay fees and submit paperwork to the New York Department of State: Division of Corporations, State Records and Uniform Commercial Code. 

Processing times can vary depending on the type of document you’re filing and the capacity of the Division. However, New York offers expedited processing, either within 24 hours, same day, or within 2 hours, for an extra fee. 

Use our Expedited Filing Service for quick and efficient processing of your New York business formation filings. 

Step 2: Reserve your New York business’s name 

New York allows businesses to reserve a business name for a set period of time before you form your business. You can file an Application for Reservation of Name for an added fee that reserves your preferred business name for 60 days. You can extend the 60-day period two times for additional 60 day periods by paying an added fee.

We can help you reserve your business name with our Name Reservation Service.

Step 3: Reserve a “doing business as” name in New York 

In New York, certain businesses may wish to transact business under a name other than their official, legal name. This is what’s called an assumed name, or a “doing business as” (DBA) name in other states. Other states may also refer to this as a trade name or fictitious name. 

If you want to conduct business under an assumed name in New York, make sure to file a Certificate of Assumed Name with the state. 

Step 4: Obtain an Employer Identification Number

Many businesses need an Employer Identification Number (EIN) before engaging in certain activities in the state. Such activities include:

  • Hiring employees
  • Opening a business bank account
  • Filing taxes

An EIN operates like a social security number in that it’s a federal tax identification number but for business entities, rather than for individuals. 

You can secure an EIN from the IRS, or we can do it for you with our EIN Service

Step 5: Draft an operating agreement, corporate bylaws, or a partnership agreement for your New York business

You may also need to pay a fee to file an operating agreement, corporate bylaws, or a partnership agreement for your LLC, corporation, or partnership, respectively. These documents outline important aspects of your business, such as:

  • Management structure
  • Internal dispute resolution procedures
  • Voting rules

Regardless of whether one of these documents is required for your business, having one in place is always a good idea. 

While you don’t have to have these documents in place in most states, New York does require LLCs to have an operating agreement that is approved by the members of the business. However, the operating agreement doesn’t have to be filed with the Department of State. 

Every business is unique, so there is no one-size-fits-all operating agreement that can address all your desires for your business. But if you’re looking for a place to start, our LLC Operating Agreement Template provides a great foundation. It follows a standard format, so your interests are protected and your company is properly supported. Then, you’ll have the opportunity to fill in the rest of the operating agreement with provisions that fit your particular business’s needs.

Step 6: Apply for your New York business’s necessary licenses and permits

Most businesses will have to obtain licenses and permits to operate legally. These licenses and permits will typically require an initial filing fee and subsequent renewal fees to stay up to date. 

It’s also important to note that licensing and permit requirements will frequently vary by location, profession, and industry. Thus, determining the specific licenses and/or permits you’ll need for your New York business may require some research. 

Not sure what business license you’ll need and how much they might cost? We’ve done the research to help make this as easy on you as possible. Use our Business License Service to help you find what licensing you may need for your business. 

Step 7: Pay registration fees for out-of-state businesses

Businesses that were formed in a different state, called “foreign” businesses, will usually require a Foreign Qualification, Certificate of Authority, or similar document before conducting business in another state. In New York, this is called an Application for Authority. 

Specifically, foreign corporations that have never done business in the State of New York must file their Application for Authority with the Department of State and pay the requisite filing fee. 

Additionally, if you’re a New York business planning to conduct business in another state, you’ll need to obtain a Certificate of Status. This document, also called a Certificate of Good Standing or Certificate of Existence in other jurisdictions, serves as evidence to other states and entities that your business is properly and legally formed within the State of New York. 

Step 8: Check New York’s biennial report requirements and fees

New York requires corporations and LLCs to file a biennial report. To file your biennial report, you need the following information about your business:

  • Department of State ID Number
  • Your business’s process service address
  • Name, title, and email address of the person filing the report
  • CEO’s name and address (corporations only)
  • Principal executive office address (corporations only)

Filing your biennial report helps the Department of State stay up-to-date on your business’s contact information. Nevertheless, the process can be time-consuming for business owners consumed with their operations.

Let us worry about filing your biennial report while you stay focused on running your business. 

Step 9: Keep your New York business legally compliant

Most entities will have to make changes at some point in the course of business. When changes arise for your business, don’t forget to file any necessary amendments with the state. Failure to do so can result in penalties for your business.  

Keeping your business legally compliant is just as important as getting your business up and running. Need assistance keeping up with various changes to your New York business? Use our Amendment Service or Worry-Free Compliance Service, which includes two amendments each year, to help keep your business up to date and in compliance with the state.

Stay up to date with your New York business filing fees today

With so much on your plate already as a New York business owner, it’s easy to fall behind on your various filing fee requirements. 

Let us help you keep your business compliant with New York law. With compliance tools like our Worry-Free Compliance service, you can rest easier knowing your business is in good hands. 

Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

FAQs

  • Are there penalties for paying my fees late in New York ?

    Yes, New York imposes penalties on businesses that fail to submit their filings and filing fees on time.

  • What happens if I can’t pay my fees to the New York government?

    Failing to pay required fees can result in additional late penalties being added to your payment balance. In extreme cases, the New York State Department can administratively dissolve your business.

  • Who receives the fees for forming my New York business?

    The New York Department of State Division of Corporations, State Records and Uniform Commercial Code receives the filing fees for forming New York businesses.

  • What is usually the biggest fee I will pay when I form my New York business?

    Filing fees vary across business entities and type of filing. However, the fee for a two-hour expedited filing is typically one of the largest, as you incur the expedited filing charge in addition to the filing fee itself.

  • What payment methods can I use to pay my LLC or corporation filing fees to the New York government?

    New York accepts filing fee payments by credit and debit card after you complete and sign the Credit Card/Debit Card Authorization Form. The state also accepts checks and money orders made payable to the Department of State.

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