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Start a Business · Entreprendre

Form an LLC — or start a nonprofit — step by step.

Two plain-language roadmaps for New York, with the real state and federal fees. Fees verified November 3, 2026 Free one-on-one help exists: the NY Small Business Development Centers (SBDC) advise new owners at no charge.

🏢 Guide 1 — Forming an LLC in New York

An LLC protects your personal assets from most business debts and is the structure most Congolese shops, braiding and tailoring businesses, caterers, cleaners and transport services choose. State fees are modest — the surprise cost in New York is newspaper publication (Step 4). Budget for it before you start.

Steps 1–2 · Dept. of State

Name it & file it — $200

  • 1. Choose a name containing “Limited Liability Company” or “LLC”, and check it's free in the Department of State's entity database at dos.ny.gov. A name too similar to an existing business will be rejected.
  • 2. File Articles of Organization with the NY Department of State — $200 filing fee, online or by mail. You name the county where the business is located — this choice sets your publication cost later, so file in the county where you truly operate.
NY Dept. of State — LLC rules & fees ↗
Step 3 · Who receives legal papers

Service of process & agents

  • By law, the NY Secretary of State is your LLC's agent for service of process — legal papers go to Albany and are forwarded to the address you put in your Articles. Keep that address current; a missed lawsuit can be decided without you.
  • You may also name your own registered agent (yourself, a trusted person, or a commercial service for a yearly fee) — optional in New York, not required.
Step 4 · The NY-only step

Newspaper publication — the big cost

  • Within 120 days of forming, publish a notice once a week for 6 weeks in two newspapers (one daily, one weekly) designated by your county clerk.
  • Cost is set by the newspapers, not the state: a few hundred dollars in many upstate counties; $1,000+ downstate. Call the county clerk's designated papers and get quotes before filing your Articles.
  • Then file the Certificate of Publication with the newspapers' affidavits at the Dept. of State — $50 fee. Skipping publication suspends your LLC's authority to do business in NY.
Steps 5–6 · IRS & your rules

Free EIN + operating agreement

  • 5. Get an EIN (business tax number) from the IRS — free, online, in minutes. Sites that charge for an EIN are scams; the IRS never charges.
  • 6. Adopt an operating agreement. New York requires one — even for a one-person LLC — within 90 days of filing. It states who owns what, who decides, and what happens if a member leaves or dies. Free templates exist; a lawyer's review is money well spent.
IRS — apply for a free EIN ↗
Steps 7–8 · Money & upkeep

Bank account & biennial statement

  • 7. Open a business bank account with your filed Articles, EIN letter and operating agreement. Never mix business and personal money — mixing is how LLC protection gets lost.
  • 8. File the Biennial Statement every two years, in the month you formed — $9, filed online with the Dept. of State. It just confirms your process address.
  • Depending on your trade you may also need sales-tax registration, county or city permits, or a license (food, cosmetology, childcare, transport) — check before you open.
Avoid these

Common LLC mistakes

  • Filing in a cheap-publication county where you don't actually operate.
  • Missing the 120-day publication deadline.
  • Paying a website for an EIN or for filings you can do free/cheap at dos.ny.gov.
  • No operating agreement, or running the business from a personal account.
  • Forgetting the $9 biennial statement and the address updates.

Honest total: $200 + $50 state fees, plus publication (roughly $300–$1,500+ by county), plus $9 every two years.

🕊️ Guide 2 — Starting a nonprofit in New York

For community associations, cultural groups, faith-based outreach and mutual-aid organizations. Two separate approvals: New York incorporates you, and the IRS grants tax exemption. Neither one replaces the other.

Steps 1–2 · Dept. of State

Incorporate — $75

  • 1. Gather a board — New York requires at least 3 directors, age 18+. Choose a name and check availability.
  • 2. File a Certificate of Incorporation (form DOS-1511) with the Dept. of State — $75 fee. If you want 501(c)(3) status, your certificate must include the IRS-required charitable purpose and dissolution language — the plain state template alone is not enough, so copy the IRS wording carefully or have a lawyer review it.
NY Dept. of State — nonprofit step-by-step guide ↗
Steps 3–4 · IRS & governance

EIN, bylaws, first meeting

  • 3. Get a free EIN from irs.gov (same free process as above).
  • 4. Adopt bylaws and hold your first board meeting: elect officers, adopt a conflict-of-interest policy (required for NY nonprofits), open a bank account, and keep minutes. These papers are what funders and the IRS will ask for.
Step 5 · Federal tax exemption

501(c)(3): 1023-EZ ($275) vs 1023 ($600)

  • Form 1023-EZ — the short online form, $275, if you expect $50,000 or less in yearly gross receipts and hold $250,000 or less in assets. Most EZ applications are decided in a few weeks.
  • Form 1023 — the full application, $600, for larger organizations and for churches, schools and hospitals. Expect several months.
  • Both are filed on Pay.gov. File within 27 months of incorporating and approval reaches back to your incorporation date — miss that window and donations before filing may not be deductible.
Step 6 · Attorney General

Register with the Charities Bureau — $25

  • Before you ask anyone for donations in New York, register with the NY Attorney General's Charities Bureau (Form CHAR410) — $25 fee, filed online at ag.ny.gov.
  • Also apply for NY State tax exemptions (corporation franchise tax and sales tax) — federal 501(c)(3) status does not grant those automatically.
Every year · Stay in good standing

Ongoing compliance

  • IRS Form 990 every year (the short 990-N e-postcard if receipts are $50,000 or less). Miss three years in a row and exemption is automatically revoked.
  • CHAR500 annual filing with the Charities Bureau, and the $9 biennial statement to the Dept. of State.
  • Hold board meetings, keep minutes and financial records, file payroll taxes if you hire staff, and never use the nonprofit for private benefit.
Avoid these

Common nonprofit mistakes

  • Fundraising before Charities Bureau registration.
  • Incorporating with a certificate the IRS will reject — fix the purpose/dissolution clauses first.
  • Missing the 27-month IRS window, or three years of 990s.
  • One person controlling the money with no board oversight or records.
  • Paying thousands to a “nonprofit kit” service for filings that cost $75 + $25 + $275 in government fees.

Honest total (DIY): about $375 in government fees with the 1023-EZ, or about $700 with the full 1023 — timelines run from a few weeks (state + EZ) to several months (full 1023).

General information only — fees verified against dos.ny.gov and irs.gov on November 3, 2026 — not legal or tax advice. Business structures have tax and liability consequences that depend on your situation; the free SBDC advisors and a short consultation with a NY business attorney are worth it before you file.

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