- Knowledge
 
 1、 Types of New York Companies in the United States 
Main company types
1. Limited Liability Company (LLC)
Features: No nationality restrictions, can be established by one person, flexible management, limited member liability, tax penetration (profits are included in personal tax reporting).
Applicable: Small and medium-sized enterprises, startups, freelancers.
2. C Corporation
Characteristics: Independent legal entity, double taxation (shareholder dividend tax on company profits), IPO financing, limited liability of shareholders.
Applicable: Medium to large enterprises, companies with financing or listing plans.
3. S Corporation
Characteristics: Penetrating tax system (avoiding double taxation), with a shareholder size of ≤ 100 and must be a US resident.
Applicable to: small enterprises, tax optimization is required, but shareholders are limited to Americans.
4. Sole Proprietorship
Characteristics: Personal operation, unlimited liability, no legal entity separation, profits included in personal income tax
5. Non profit organization
Characteristic: Tax exemption qualification (requires application for 501) © (3) Used for charity, education and other public welfare fields.
2、 Registration Requirements for New York Companies in the United States
01. Company Name 
The name must include type identifiers such as "LLC" and "Inc." and must not be duplicated with a registered name.
Check for plagiarism through the website of the Secretary of State of New York.
02. Registered Agent
An agent (individual or institution) within the state of New York must be designated to receive legal documents.
03. Operating Agreement
LLC needs to sign an internal agreement (without submitting it to the government) to clarify equity and management rules.
A limited liability company needs to formulate its articles of association (Bylaws).
04. Federal Tax ID Number (EIN)
Apply for an employer identification number (online application) from the IRS for tax reporting and account opening.
05. Business address
New York companies do not require an actual office address, but need to provide a registered agent address.
3、 New York Company Registration Materials
(1) Basic materials for registering a New York company 
1. Company name
Provide three alternative names, with the suffix indicating the type (such as "LLC" or "Inc.").
Check for plagiarism on the New York State government website to ensure that the name is not in use.
2. Registered Office Address
Actual address in New York State (can be provided by a registered agent, but must be within the state).
3. Registered Agent
Provide the name, address, and contact information of the agent (must be a resident or licensed institution of New York State).
(2) Statutory application documents
1. Limited Liability Company (LLC)
Articles of Organization: It should include the company name, address, registered agent, and purpose clause (which can be broadly described).
Operating Agreement: Internal management document (not mandatory, but strongly recommended for retention).
2. C Corporation
Certificate of incorporation: It is necessary to clarify the share structure and initial list of directors.
Bylaws: Internal governance rules (not required to be submitted to the state government).
(3) Shareholder/Member Information
LLC Members: At least 1 person, no nationality restrictions, name and address required.
C-Corp Shareholders: At least 1 person, with at least 1 director (who may be the same as the shareholder).
Identity certificate: copy of passport or driver's license (foreigners can use passports).
(4) Other materials
Employer Identification Number (EIN): Apply to the IRS (free of charge) for tax reporting and account opening.
Business License: Depending on the industry (such as hygiene license required for catering and sales tax certificate required for retail).
4、 New York Company Registration Process
Step 1: Determine the company name 
Naming convention:
The LLC name must include "Limited Liability Company" or the abbreviation "LLC/L.L.C.
The company name must not overlap with existing New York State businesses and must be verified through the New York State Name Search System.
Step 2: Submit the establishment documents
LLC: Submit the Articles of Organization to the State Department of New York (DOS).
C Corp/S Corp: Submit the Certificate of Inclusion.
Submission method: Online (New York State Business Express) or by mail
Step 3: Sign the Operating Agreement (LLC) or Articles of Association (Corp)
LLC: Draft an Operating Agreement that specifies member rights and profit distribution (without the need to submit to the government).
Corp: Develop company bylaws, appoint directors and executives.
Step 4: Apply for a Federal Tax ID Number (EIN)
Apply online through the IRS official website to instantly obtain EIN (free of charge).
Step 5: New York State Tax Registration
Registration of Sales Tax License (if selling goods): Apply through the New York State Department of Taxation and Treasury.
Employer registration (if hiring employees): Submit the NYS-100 form.
Step 6: Business License and Permit
General requirement: Most businesses need to obtain a New York City or county level business license.
Industry license: Additional licenses are required for industries such as catering, construction, and healthcare (such as the catering industry requiring a license from the Health Bureau).
Step 7: New York State Publishing Requirements (LLC and Corp only)
Within 120 days after its establishment, the establishment notice shall be published in two newspapers (designated by the county government) in New York State.
Submit the Certificate of Publication to the State Department
5、 Compliance and tax requirements 
1. Annual Report (Statement of Information)
LLC and C Corporation are required to submit updated company address, director, and shareholder information every 1-2 years.
2. Franchise Tax
LLC: Exemption from taxes for annual profits below $250000, otherwise taxes will be paid proportionally based on profits (starting at approximately $800).
C Corporation: The minimum annual tax is $800, levied at 8.84% of net profit.
3. Federal Taxation
LLC defaults to reporting taxes based on penetrating entities (profits are included in personal tax forms); C Corporation needs to submit Form 1120.
4. Sales tax declaration
Within 20 days after the end of the quarter, quarterly declaration shall be made based on sales revenue (if registering a sales tax certificate)
6、 Special Requirements of New York Company in the United States
1. Publication Requirement 
Applicable to both LLC and C-Corp.
technological process:
Within 120 days after the establishment of the company, the establishment announcement shall be published continuously for 6 weeks in 2 newspapers (1 daily and 1 weekly) in designated counties in New York State.
Submit * * Certificate of Publication and Affidavit of Publication * * to the office of the Secretary of State.
2. Biennial Statement
Submit every two years to update the company address, directors, and registration agent information.

 
 