How Long Does It Actually Take to Incorporate a Startup?

Part of our Corporate & Startup series.

The state filing itself can take anywhere from same-day to a few weeks, depending on the state and whether you pay for expedited processing. That's only a part of the timeline.

New York incorporation timelines are much the same as Delaware, however, if you form an LLC, LP, or LLP in New York, there's an addtional requirement: the Publication Requirement.

The basics

Filing your certificate of incorporation is usually the fastest part of the process. Delaware, for example, offers expedited options that can turn around in as little as 24 hours for an added fee, while standard processing can take one to two weeks.

But "incorporated" and "ready to operate" aren't the same milestone. After the filing is approved, you still typically need to:

• Get your EIN (often same-day, but can be slower for certain applicants)
• Adopt bylaws and pass an initial board consent
• Issue founder stock and file 83(b) elections within a strict 30-day window
• Open a business bank account, which requires the above steps to be done first

Most founders can be fully set up, filing through bank account, within two to four weeks if nothing is unusual about their situation.

Your actual timeline depends on specifics that vary case to case:

• Whether you pay for expedited state filing or use standard processing
• How many founders need to coordinate on documents and signatures
• Whether you're a non-U.S. founder, which can slow down the EIN and banking steps
• Whether you're on a deadline tied to a fundraise, a contract, or a specific launch date

A motivated solo founder with straightforward paperwork can move faster than a multi-founder team coordinating signatures across time zones.

The New York Publication Requirement

If you want to form an LLC, PLLC, LP, or LLP in NY, pursuant to NY LLC Law § 206, you have to publish notice in two separate local newspaper daily and weekly for six consecutive weeks. Once complete, you must then file a Certificate of Puiblication with the state, typically within 120 days of formation. This is a mandatory step that cannot be avoided. 
For startups looking to save money, designating Albany County on formation paperwork allows you to use local Albany newspapers for a fraction of the cost of local New York City newspapers.

Next step

If you're working against a real deadline, timeline planning matters as much as the paperwork itself. Book a quick call and we'll build a timeline around your actual date, not a generic estimate.