Form a Nonprofit in New York

Everything you need to know about forming a Nonprofit in New York. Filing fees, requirements, timeline, and step-by-step guidance.

$75
Filing Fee
10-15 business days
Processing Time
Optional
Registered Agent

How to File

1

Choose Corporate Name

Select a unique name that includes 'Corporation,' 'Incorporated,' or abbreviation and check availability through NY DOS name search.

30 minutes

2

Appoint Board of Directors

Recruit at least 3 initial directors who will govern the nonprofit corporation and ensure compliance with nonprofit purposes.

2-4 weeks

3

Prepare Certificate of Incorporation

Draft and complete the Certificate of Incorporation including corporate purposes, registered office, and initial directors.

2-3 hours

4

File with NY Department of State

Submit Certificate of Incorporation with $75 filing fee online, by mail, or in person to the NY Department of State.

30 minutes

What's Next After Filing

Once your Nonprofit is officially formed, you'll want to complete these important steps:

  • Adopt Bylaws and Hold Board MeetingCreate corporate bylaws, hold initial board meeting, and adopt resolutions to establish corporate formalities.
  • Obtain EIN from IRSApply for federal Employer Identification Number online through IRS website for tax and banking purposes.
  • Apply for Tax-Exempt StatusFile Form 1023 or 1023-EZ with IRS for 501(c)(3) status and register with NY Charities Bureau if soliciting donations.

Advantages

  • Tax-exempt status eliminates federal and state income taxes on mission-related activities
  • Eligible to receive tax-deductible charitable donations from individuals and foundations
  • Access to grants and funding opportunities reserved specifically for nonprofit organizations
  • Enhanced credibility and public trust when pursuing charitable or social impact missions

Considerations

  • Complex formation process requiring IRS approval for tax-exempt status
  • Strict operational restrictions on political activities and private benefit limitations
  • Extensive ongoing compliance including annual reporting to multiple agencies and public disclosure requirements

Annual Obligations

Annual Report Fee:$25
Report Due:By the 15th day of the 6th month after fiscal year end
Must file annual report with NY Department of State. Also required to file IRS Form 990 annually and register with Attorney General's Charities Bureau if fundraising.
Last verified: December 2025Source

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