Obtaining And Filing A Business Certificate In New York
Every county requires anyone operating a profit-seeking business, in a name other than their own, to acquire a business certificate. Each county clerk's office files forms for particular cities. Check with your local county office before filling out the proper form.
Prior to going to the county clerk's office, get hold of "form X-201 for sole proprietors only" or "form X-74 for two or more owners." These forms are available at most stationary stores that sell business forms. You will need to buy three. One is filed with the clerk's office, one certified copy is filed with the bank and one certified copy is to be displayed at your place of business. The form is fairly easy to fill out but use caution because it will be rejected if there are too many white-outs, cross-outs or other correction marks.
There are guidelines that you must follow when selecting a name, including conducting a name search. The name search is easy to do and does not require much time. The clerk's office usually has the computer and books on file to do the search. After knowing your name is not taken, you can place it on the form. Know the following words can not be used: Associates, Group, Consultants, Limited, LTD, Inc., Corp., Corporation or Incorporated. Some other words are periodically added to the list so it is in your best interest to check this thoroughly when you go to the clerk's office.
In New York County filing fees are one hundred twenty dollars ($120) to file and ten dollars ($10) for each certified copy. It is very important to know that they accept cash, credit cards, and post office money orders ONLY. Any other form of payment not listed will be rejected, so please make sure to use one of the payment types specifically mentioned. You will need to get your forms notarized. Make sure the notary's signature is in the right place, right below the acknowledgment at the bottom of the form. Know they will not accept the form if you use a Post Office Box address; the name of the business is a proper name (that is not your own); or your place of business is not located in the county in which you are filing.
To file a discontinuance of a business certificate there is no filing fee, however, to change the address costs another one hundred dollars ($100) plus ten dollars ($10) per certified copy. The form you need to amend your business certificate is form T-244; discontinuance of a general partnership is form T-176; and discontinuance of a sole proprietor is form T-341.
County Clerk Offices:
To establish a separate Tax ID for you company you will need an SS-4 Form for an Employer Identification Number (EIN) which you can get from your accountant. You can also call the IRS Service Center at 631-447-4991 and give your information over the phone. They sometimes ask you to also fax the form, but check with them first. Please know you do not have to create a separate tax identification number but a lot of sole proprietors like to do it to keep personal and business expenses and income separate. Usually this is called a "doing business as" or DBA business.
Should it be your desire to incorporate, we recommend that you utilize a service called Inc-it-now.com - provides professional, yet personal business incorporation services. Incorporation packages start at just $69 (plus state filing fees). Need state filing form they have them all.
About the Author
Jacquéline Edwards is a Business Solution Analyst with over 15 years experience for Business Pipeline, Inc., a Business Development and Professional Training Firm designed to assist entrepreneurs, small businesses and corporations in key methods, strategies, support and resources to help start, manage and grow a business.
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