Corporate Formation

Corporate Formation Attorneys: Building Strong Foundations for Businesses in New York

Starting a business is an exciting endeavor—but how you structure your company from the beginning can have long-lasting legal and financial consequences. The experienced business attorneys at Held & Hines LLP provide comprehensive legal guidance for entrepreneurs and business owners looking to form corporations, LLCs, partnerships, and other legal entities in New York. From choosing the right structure to filing with the state, we ensure your business starts on solid legal ground.

Why Choosing the Right Business Structure Matters

Selecting the right type of business entity is one of the most important decisions you’ll make as an entrepreneur. The structure you choose will impact everything from how your business is taxed to your personal liability, ability to raise capital, and future exit strategy.

Common business structures in New York include:

C Corporations (C-Corps)
S Corporations (S-Corps)
Limited Liability Companies (LLCs)
General Partnerships (GPs)
Limited Partnerships (LPs)
Sole Proprietorships

Our attorneys will walk you through the advantages and drawbacks of each option and help you determine the best fit based on your goals, industry, and risk tolerance.

The Corporate Formation Process in New York

Forming a business in New York requires more than just submitting paperwork. It involves a series of legal and strategic decisions that can affect your long-term success. Our legal team can assist with every step of the process, including:

Name Availability Check and Reservation

We ensure your business name complies with New York requirements and is available for use.

Filing the Certificate of Incorporation or Articles of Organization

This step officially registers your entity with the New York Department of State.

Drafting Corporate Governance Documents

These include bylaws for corporations and operating agreements for LLCs, which outline internal rules, management responsibilities, and dispute resolution procedures.

Obtaining an Employer Identification Number (EIN)

An EIN from the IRS is necessary for tax filings, opening bank accounts, and hiring employees.

Publication Requirements for LLCs

Under New York law, newly formed LLCs must publish notices in two newspapers for six consecutive weeks and file a Certificate of Publication—a step often overlooked by new business owners.

Registering for Taxes and Permits

We help ensure compliance with state and local tax obligations, licenses, and industry-specific regulations.

With Held & Hines LLP by your side, you can feel confident that every legal detail is covered.

Benefits of Forming a Corporation or LLC

Many business owners choose to form a corporation or LLC in New York for the following reasons:

Limited Liability Protection

Your personal assets are shielded from business debts and legal claims.

Professional Credibility

An incorporated business often appears more legitimate to clients, investors, and lenders.

Tax Flexibility

LLCs and S-Corps offer various tax treatment options that can lead to significant savings.

Attracting Investment

A well-structured corporation is better positioned to raise capital and issue stock to investors.

Continuity and Transferability

Corporations have a perpetual existence, making it easier to transfer ownership or sell the business.

Our attorneys will tailor your formation strategy to align with your short- and long-term business goals.

Common Mistakes to Avoid When Forming a Business

Business formation may seem straightforward, but simple mistakes can lead to costly consequences down the line. Common issues include:

Choosing the wrong entity type
Failing to complete the LLC publication requirement
Not creating an operating agreement or corporate bylaws
Mixing personal and business finances
Failing to obtain necessary licenses or tax IDs
Not keeping up with annual reports or franchise taxes

At Held & Hines LLP, we proactively help you avoid these errors and remain compliant with all New York legal requirements.

Speak with a New York Corporate Formation Attorney Today

Whether you’re launching a startup, reorganizing your current business, or expanding into New York from another state, Held & Hines LLP is ready to help. Our legal team offers strategic advice, hands-on assistance, and ongoing support to protect your business and ensure compliance every step of the way.

FAQ: Corporate Formation in New York

How long does it take to form a business in New York?

Once the required documents are filed with the Department of State, formation can take anywhere from a few days to a few weeks, depending on processing times and whether you request expedited service.

What are the legal publication requirements for an LLC?

New York requires new LLCs to publish formation notices in two newspapers (one daily and one weekly) for six weeks and file a Certificate of Publication. Failure to comply can result in loss of good standing.

Do I need an attorney to form a corporation or LLC?

While it’s possible to file formation documents on your own, working with an attorney ensures proper structure, compliance, and protection from future liability or tax issues.

What’s the difference between an LLC and a corporation in New York?

An LLC offers more flexibility in management and taxation, while a corporation is generally better for raising capital and offering shares. The best option depends on your business goals.

What other steps do I need to take after forming my business?

You’ll need to apply for an EIN, open a business bank account, register for taxes, draft internal governance documents, and ensure compliance with ongoing reporting requirements.

Contact Held & Hines LLP for a Free Business Formation Consultation

Ready to launch your business the right way? Contact Held & Hines LLP today for a free consultation with our knowledgeable business attorneys. With offices in Manhattan and Brooklyn, we’re here to help entrepreneurs across New York lay the legal groundwork for long-term success.

855.HELD.HINES