The process to register a business name in NYC can vary depending on the type of business you are creating. Limited liability corporations (LLCs) in NYC must register with the New York Department of State. Sole proprietorships and general partnerships must obtain a Business Certificate from the County Clerk’s Office in the county in which the business will be located.
Importance of registering a business name
Registering your business name in NYC is important for several reasons. First, registration may allow you to take advantage of tax incentives for owning a business. Next, registering your business makes it easier to separate your personal finances and your business finances. Third, business registration in New York City can offer legal protections for you personally in the event that someone sues your business.
Overview of the process in NYC
The process of registering your business name in New York City may start by visiting the New York Department of State. There, you may need to fill out and file articles of organization for forming a company under an LLC.
If you are a sole proprietor or are forming a general partnership, you will need to visit the County Clerk’s office in the county where your business will be located. A filing fee is often required to register a business, and fees vary by county.
Researching Your Business Name
Before you attempt to register a business name in NYC, you should first conduct a search to make sure the name isn’t taken. This can be done by looking online, but you can also conduct a search on the NY Department of State’s website.
If your business name idea is already in use by someone else, this doesn’t necessarily mean that you can’t use the name. In most cases, two businesses can have the same name as long as one cannot reasonably be confused for the other. Additionally, trademark issues may come into play in this scenario, so you’re encouraged to consult a business attorney for specific guidance.
Checking availability of your desired business name
Using the NY Department of State’s website, conduct a name search for your desired business name. If no results are found, you should be able to go ahead and register your name. If the same name or a similar name returns in the results, it’s best to consult with your attorney before proceeding with registration.
Using the business name database
The NY Department of State’s website provides a searchable database of all registered businesses in the state. This database contains information about LLCs, but it also lists important details about other types of business structures, including foreign not-for-profit corporations, domestic business corporations and not-for-profit corporations benefiting the armed forces.
Choosing a mailing address for your business
To formally register your business, you will need a New York-based registered address. The specifics may vary by municipality, so check with your local county clerk’s office or SBA for details on properly registering your business address when starting up.
If you want to register your business in New York City at an affordable price, consider using a virtual address. Corporate Suites provides virtual office plans in New York City that can legally serve as a registered business address. These affordable plans allow you to use their physical office addresses without needing to rent physical office space.
They offer solutions suitable for any kind of business – whether you operate at home, on the go, or just need a NY address for paperwork. With a virtual address from Corporate Suites, you can comply with New York’s registered address requirements for business registration without expensive overheads.
Choosing a Business Structure
When you’re ready to register your business, you will need to select a business structure. An attorney can provide specific guidance, but in general, you can choose to register your company as a sole proprietorship, an LLC, a business corporation, a not-for-profit corporation, a general partnership or a limited partnership.
Each type of business structure has advantages and disadvantages, and which one you choose will depend on your specific goals. It’s best to work with an attorney before settling on a type of business structure in NYC.
Sole proprietorship, limited liability company (LLC), or limited partnership (LP)
Sole proprietorships, LLCs and limited partnerships are usually best for individuals and small companies made up of a few individuals. The basic idea behind these types of business structures is that you are separated from the business as a legal entity; however, for tax purposes, the businesses income is your income. These are referred to as “pass-through entities” because the income is passed through to the owner.
Understanding the advantages and disadvantages of each structure
Pass-through business structures, including LLCs, allow a business owner to operate a company without exposing themselves to legal liability for the company’s business dealings. This provides a layer of protection if someone sues the business as they are not suing you directly.
On the other hand, you must keep up with all of your taxes, payouts, wages, expenses and other financial information to report on your personal tax return. This may or may not be an advantage depending on how much revenue the company generates. For specific advice on choosing a business structure type, consult with a tax attorney.
Understanding Legal Requirements
As a business owner operating in NYC or New York State, it’s up to you to learn the legal requirements for your specific business. Different industries have varying requirements, so starting a business in NYC isn’t as simple as purchasing a license and opening your doors to the public. While you can research business requirements for NYC online, you’re going to get the most accurate information by speaking with a business lawyer who practices in NYC.
Obtaining necessary business licenses and permits
Obtaining the proper business licenses and permits is essential if you want to register your company and do business in NYC. New York State requires registration for businesses operating across the state, and your county will also have requirements. NYC is home to five separate counties, so you will need to seek answers from the county in which you plan to operate.
Complying with sales tax regulations
NYC has specific sales tax regulations that business owners must be aware of and comply with. Some items are exempt from sales tax, including clothing under $110. Other items are taxed at a city rate of 4.5%. Parking and storage services are taxed separately at a rate of 18.375%.
Gathering Required Information and Documents
Before you begin the process of registering a business in NYC, it’s a good idea to gather important information and documents. Things like your ID, bank information, contact information for business partners and your business plan can all come in handy when registering a business in New York City.
Personal information of business owners/partners
Having the personal information of any business owners and partners will make it easier to register your business name faster. Without this information, you may not be able to completely fill out the required registration forms online.
Social security numbers or employer identification number (EIN)
When registering an LLC or similar business structure, you will use your Social Security number initially to get the business started. You will need to get an employer ID number (EIN) from the Internal Revenue Service. This is also sometimes referred to as your tax ID number.
There is usually a lot of paperwork to be filed before completing your business registration, so be prepared to fill out a number of forms. Thankfully, most forms these days can be filled out online.
Completing necessary forms (Certificate of Business Registration, Publication Requirement form, etc.)
When completing forms, including registration and publication forms, take the time to double-check everything. Mistakes on these forms can lead to delays in processing and approval of your application to register your business.
Including required documents and fees
You should always check to make sure you have included required documents and fees before submitting your application. Failure to include required items may cause your registration to be delayed or rejected.
Filing with the county clerk’s office in person or by mail
When you’re ready to file your registration, you can do so online if you need to form an LLC or similar business structure. To get a license to operate a business in NYC, you will need to speak with someone at your County Clerk’s Office. You can also handle much of the registration and licensing process by mail.
Submitting paperwork online
If you submit your registration paperwork online, you should receive a response within 24 hours. Most online registrations take place immediately or within minutes. If there is a problem with your registration, you will be notified.
Using third party filing services
If you’re having trouble registering your business name in NYC or you simply don’t feel confident in your ability to do so, third-party services are available to help. Keep in mind that these services charge a fee, and they may try to upsell you on additional services.
Next Steps After Registration
After you have registered your business name, take a moment to congratulate yourself as you are now officially a business owner. Don’t take too long, however, because there are still plenty of other steps you need to take on your path to success.
Opening a business bank account
Even if you already have a bank account in NYC, it’s a good idea to open a separate business bank account. This will make it easier to keep your personal funds separate from your business funds and help you keep track of expenses.
Understanding ongoing compliance requirements
After you have registered your business name, you will need to remain in compliance with laws and regulations as they pertain to your business. Take some time to familiarize yourself with applicable regulations and laws before opening your doors to the public.
Frequently Asked Questions
How do I register my business name in New York?
You can register your business name in New York by visiting the New York Department of State online. There, you can fill out and file articles of organization to create a business entity. You may have local requirements as well.
How much does it cost to register a business in NYC?
The cost to register a business in NYC varies based on the type of business. You will need to pay a fee to register your business with the State of New York, and your county may have applicable fees as well.
How do I legally start a business in NYC?
You can legally start a business in NYC by visiting the New York Department of State online to register your business. You may also need to work with agencies in your county to obtain the proper permits and licenses.
How long does it take to register a business in NYC?
The amount of time it takes to register a business in NYC depends on the type of business. If you are registering an LLC with the state of New York, your registration can be completed on the web in less than an hour. If you plan to obtain a General Vendor license, the amount of time required can vary based on how busy your County Clerk’s Office is at the time you arrive.
Do I need a business license in NY?
You need a business license in NY if you sell goods and services in the state. You must register your business with the NY Department of State, and your city and county may have required paperwork to file or fees to pay. Most business structures will also need to pay an annual fee based on income to keep the business registration valid.
How much is NYV LLC fee per year?
The annual fee to keep an LLC valid in NYC varies based on your company’s gross income. Fees range from $25 per year up to $4,500 per year.
Can I register a business online in NYC?
You can register a business online in NYC through the New York Department of State’s website.
Do you have to pay yearly for LLC in NY?
You must pay an annual fee to keep an LLC valid in New York. Currently, this is done using Form IT-204-LL through the Tax Department.
How do I get a business license in NY?
You can get a business license in NY by visiting your County Clerk’s Office. You will also need to register your business with the state of New York through the New York Department of State.
Do I need to register my LLC in New York?
If you create an LLC in New York, your organization needs to be registered with the New York Department of State. If you created an LLC in another state but are conducting business in New York, you do not need to file paperwork to create a separate entity.
How much does it cost to start a small business in New York?
The cost to start a small business in New York varies based on the type of business you plan to start. Local filing fees for business licensing may be required based on your location within New York, and the state also requires fees for business registration and licensing depending on your business and how it is organized.
Can I open LLC by myself NYC?
You can open an LLC by yourself in NYC by visiting the New York Department of State’s website to conduct a name search and file articles of organization.
Do I need to register my business NYC?
Most businesses that operate in NYC will need to register with the County Clerk’s Office as well as the New York Department of State.
Can you run a business from home in NYC?
You can run a business from home in NYC in most cases, but there are special rules involved. Running a business from home in NYC is called a Home Occupation. Some rules that may exclude your home from being used include your home being used only for business purposes or selling items made outside of your home.
How fast can I get an LLC in NY?
Your LLC becomes immediately registered if you complete the process online through the NY Department of State’s website. If you wish to complete registration by mail, it can take around a week to complete your registration.
Do I need a business license to sell online in NY?
NY requires a business license for people and companies that sell products inside the state. This is provided in the form of a General Vendor license. Sales tax must also be collected, including from online sales. Certain types of sales are exempt from obtaining a license, including art sales and food sales.