How do you form a corporation in New York State?
A New York corporation is created by filing a certificate of incorporation with the Department of State, naming the corporation, its purpose, its registered agent and its authorized shares. Corporate formalities such as bylaws and an initial board meeting follow after the filing is accepted.
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How it works
The filing is submitted online or by mail, and the Department of State returns a filed copy once accepted. From that point the corporation adopts bylaws, issues shares and holds organizational meetings under state corporate law.
Commonly mixed up with
A corporation and an LLC are both formed at the Department of State, but they follow different governance rules and different tax treatment once formed.
How do you form a corporation in New York State?
| Knowledge, New York | Business and finance |
|---|---|
| Short answer | A New York corporation is created by filing a certificate of incorporation with the Department of State, naming the corporation, its purpose, its registered agent and its authorized shares. Corporate formalities such as bylaws and an initial board meeting follow after the filing is accepted. |
| How it works | The filing is submitted online or by mail, and the Department of State returns a filed copy once accepted. From that point the corporation adopts bylaws, issues shares and holds organizational meetings under state corporate law. |
| Commonly mixed up with | A corporation and an LLC are both formed at the Department of State, but they follow different governance rules and different tax treatment once formed. |
| Last reviewed | 2026-08-08 |
Short questions
- Is publication required for corporations too?
- Domestic business corporations also face a publication requirement in New York.
- Can one person be the sole shareholder and director?
- Yes, a single person can hold all corporate roles under New York law.
- Is the filing public?
- Filed certificates of incorporation are part of the public entity record.
- Do I need bylaws filed with the state?
- Bylaws are an internal governance document and are not filed with the state.
- Where are the rules?
- The Department of State publishes corporation formation guidance.
Sources
More in this track
- How do you form an LLC in New York State?
- What is an EIN and how do you get one?
- When does a New York business need to register for sales tax?
- What does an employer need before hiring in New York?
- What is the difference between federal and New York State business tax?
- What does a business need to open a bank account in New York?
- What decides commercial office lease terms in New York City?
- Does a business need a license to operate in New York City?
- What ongoing state fees apply to a New York business?
These pages explain how the rules work and link the authority that owns them. They are not legal, tax or immigration advice, and amounts and thresholds change, so open the source before you act.
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