How To Start A New York Nonprofit Organization
NOTICE
Northwest does not currently handle the full formation process for nonprofit corporations in New York, but you can still hire us as your New York registered agent and list our address to receive a copy of any service of process delivered to the state. Below, we’ve included a step-by-step overview of how to form a New York nonprofit on your own.
If you decide to start a for-profit business in New York, our registered agent service also includes instant access to the New York LLC or corporation forms you’ll need, along with filing instructions for the quickest, most cost-effective way to incorporate or form an LLC. You’ll also get ongoing support through our online tools, compliance reminders, and the backing of a professional New York registered agent service.
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HOW TO START A NONPROFIT ORGANIZATION IN NEW YORK
The name of your nonprofit must be clearly different for other corporate names in New York. New York recommends that you file an Application for Reservation of Name. However, you can save time and money by just searching the business entity database to see if there are any corporations with a similar name.
The name of the NY nonprofit Corporation needs the word Incorporated, Corporation, Limited, Inc., Corp., or Ltd. Religious nonprofits have no word requirements.
There are some additional name restrictions when you are starting a nonprofit in New York:
NY State Restricted Words Nonprofit
NY State Prohibited Words Nonprofit
Pick your initial directors ahead of time also, as their names and addresses must be in the Certificate of Incorporation. A New York nonprofit must have at least three initial directors.
Read the Not-for-Profit Incorporation Guide carefully to figure out your nonprofit Type classification before you complete your formation document. You may download the PDF file at the bottom of this page.
Nonprofits formed for certain purposes require the approval of other NYS governmental agencies. This written consent has to be attached to the Certificate of Incorporation when it is submitted to the NY Department of State for filing.
File the completed Certificate of Incorporation with the NY Department of State with needed attachments and fee. You’ll get an EIN number with the IRS. If you want to be a New York tax exempt organization, apply for tax exemption first with the IRS, and then at the state level with the New York State Tax Department. Then, you’ll want to fundraise so register with the NY Attorney General, Charities Bureau, to obtain your charity registration.
After you file your New York Certificate of Incorporation, hold an organizational meeting when you must vote to approve your New York nonprofit bylaws.
Forming a successful NY nonprofit takes an intensive team effort. Be sure to decide who will serve as the initial directors. Decide who will be responsible for the initial formation fees and expenses and if and when the NY nonprofit will pay people back. Appoint one person to deal with the NY Department of State.
New York Nonprofit FAQ
How Much Does It Cost To Start a New York Nonprofit Organization?
The filing fee for NY Nonprofit Certificate of Incorporation is $75. The NY Division of Corporations accepts check, money order or credit card. If faxing, use the Credit Card Authorization form.
- NY Charities registration: $25
- NY tax exemption application fee: $0
New York will expedite 24-hour processing for an additional $25.
How Long Does It Take To Form a New York Nonprofit Organization?
- Certificate of Incorporation: Two weeks normal processing, one day expedited.
- IRS tax exemption: At least three months.
- New York tax exemption: Approximately three months.
- New York charity registration: Three weeks.
The quicker you get started the quicker you can have a fully formed nonprofit.
Will I Have To Describe the Purpose of the New York Nonprofit?
Yes, New York requires the Purpose paragraph of the Certificate of Incorporation to contain an explanation of why the nonprofit has been formed, what it plans to achieve and how it will accomplish its purpose.
What Are the Annual Fees To Keep My New York Nonprofit Organization Active?
- NY Charities Bureau: File a renewal each year by May 15. The fee varies depending on your annual revenue raised from $25 to $1500.
- NY Dept. of Taxation: File an annual return-no fee.
Nonprofits in New York do not file a biennial statement.
What Do I Need To Do To Fundraise in New York?
You will need to register with the Charities Bureau of the New York Attorney General. You submit a Registration Statement with attachments and a filing fee to register as a NY charity.
Is There Anything Weird About Incorporating in New York State?
If your nonprofit has a charitable purpose other than religious, you will need a written consent attached to your Certificate of Incorporation from another NY agency. For example, nonprofits helping neglected children will need written approval from the New York Office of Children & Family Services. See our NY Nonprofit Agency Approval Contact page for details.
New York Nonprofit Formation Agency:
New York Department of State
Division of Corporations
One Commerce Plaza,
99 Washington Avenue
Albany, NY 12231
Ph: (518) 473-2492
Fax: (518) 474-1418