Sole Proprietorship:This is the simplest form, where one person owns and operates the business, and is personally liable for all debts and obligations. It is the most common business formation in the state of New York.
Forming a Limited Liability Company (LLC) in New York provides business owners with valuable liability protection, separating personal assets from business debts. New York LLCs must file Articles of Organization with the Department of State and adhere to a unique publication requirement, involving notices in designated local newspapers. While an operating agreement isn't mandatory for filing, it's highly recommended to establish internal rules and member responsibilities.
In New York, a general partnership is a business structure where two or more people agree to share in the profits or losses of a business, with each partner having full liability for the partnership's debts.
A New York Limited Partnership (LP) combines partnership flexibility with limited liability for some partners. General partners manage and are fully liable, while limited partners' liability is capped at their investment. This structure suits investment and real estate projects, offering streamlined management and capital raising within New York law.
A business corporation in New York is formed by filing a Certificate of Incorporation with the New York State Department of State, which outlines the corporation's structure and purpose.
These entities, governed by the Not-for-Profit Corporation Law, are formed for purposes other than financial gain, requiring the filing of a Certificate of Incorporation with the New York State Department of State.