Step By Step Guide To New York Corporation Amendments
How to file a New York Corporation Amendment:
To make amendments your New York Corporation, you must provide the completed Certificate of Amendment of the Certificate of Incorporation form to the new York Department of State by mail, fax or in person, along with the filing fee. Amendment forms are available on the Department of State website or in your online account when you sign up with Northwest. The New York Department of State does not require original signatures on the certificate.
The New York Department of State accepts cash, check, money order, MasterCard, Visa and American Express. Don’t send cash if you submit by mail. Checks should be payable to “Department of State.” If you pay by credit or debit card, include a Credit Card/Debit Card Authorization Form. Faxed documents must include credit or debit card authorization.
If you request expedited service, you must include separate payment. Include an additional check or money order. If you pay by credit card, indicate the level of service requested in the space provided on the Credit Card/Debit Card Authorization Form.
Can you re-state the initial articles instead of filing an amendment?
Yes. If you wish to restate the initial certificate you must use “Restated certificate of incorporation (name of corporation) under section 807 of the Business Corporation Law” as your document name. There is no form provided by the New York Department of State for filing restated articles. Draft the restatement according to New York Business
Corporation Law Section 807.
The filing fee for a restated certificate is $60.
Are there any specifics you can or can’t include with a New York Corporation amendment?
You can make changes to the name, as well as any amendments to specific paragraphs from the original Certificate of Incorporation directly on the form.
If you only want to change the NY registered agent and office and/or the corporations county location, you can just file a Certificate of Change. The filing fee is just $30
How much does a New York Corporation amendment cost?
To amend your corporation in New York, there is a $60 filing fee.
For 24 hour expedited processing it is an additional $25 fee. For same-day expedited processing, it is an additional $75 fee. For 2 hour expedited processing it is an additional $150 fee. (Note: To obtain expedited processing you must submit a separate, non-refundable fee and note on the envelope “Expedited Processing”)
How long does it take the state to process a New York Corporation amendment?
Normal processing time for documents filed by mail, fax or in-person will take approximately one to two weeks.
Expedited options are available for an additional fee. Requests for 24-hour expedited processing may be submitted between 9 and 4.
Same-day processing is available for hand-delivered or faxed documents received before noon. Two-hour expedited processing is available for documents delivered in person or by fax by 2:30 pm.
How will the corporation amendment be returned?
You will receive confirmation of the filing by mail, only if specifically if requested, and upon paying the $5 uncertified copy of filed document fee.
What state agency do you file an amendment with?
New York State Department of State
Division of Corporations
One Commerce Plaza 99 Washington Avenue
Albany, NY 12231
Phone: (518) 473-2492
Fax file: (518) 474-1418
Can you change the New York Corporate officers, directors or shareholders on an amendment?
No, the Department of State does not keep track of your corporate officers, directors or shareholders.The New York Department of State considers records of officers as internal records maintained by the entity.
A Biennial Statement Amendment form may be used to amend the address of the corporation’s principal executive office. The form for filing a Biennial Statement
Amendment is provided by the Department of State. You are required to use the Biennial Statement Amendment form provided by the Department of State. The statutory fee for filing this form is $9.
Can you change the New York registered agent on the amendment?
Yes, you can file a Certificate of Amendment to amend articles such as your registered agent, but if this is your only change, you may use the Certificate of Change form to change your registered agent information for less money.
Can you change the principal office address and/or the mailing address on a corporation amendment?
Yes. If you are only changing the principal address, it is cheaper to file a Certificate of Change form with the Department of State.
New York Department of State corporate forms:
https://dos.ny.gov/existing-corporations-and-businesses
