Businesses close for several reasons. From personal matters and illness to financial difficulties, from time to time business owners are faced with the difficult decision to cease operation. In order to formally dissolve a business in New York, you must complete a Certificate of Dissolution. The state's Business Corporation Law outlines the procedure for dissolving a businesses. Business owners must work with the New York Department of State and New York Department of Taxation and Finance, as well as other state and county officials, to officially discontinue their businesses.
Complete the Certificate of Dissolution form. A Certificate of Dissolution must be filed with the Department of State when a business ceases operations and its owner or owners wishes to disolve the business. Electionic forms are available from the New York Department of State website. Contact the department for paper forms.
Obtain consent to dissolve the business from the New York State Department of Taxation and Finance. Two copies of the written consent must be attached to the Certificate of Dissolution when it is submitted to the Department of State. To request the consent, business owners must call the Department of Taxation and Finance or submit a request in writing to the department.
Obtain consent to discontinue the business from the New York City Commissioner of Finance. This consent is needed if the business did business in and incurred tax liability in New York City. Consent can be obtained by contacting the Collections Division of the New York City Department of Finance. The written consent must be attached to the Certificate of Dissolution when submitted to the Department of State.
Submit the Certificate of Dissolution and pay the processing fee. The Certificate of Dissolution can be filed by mailing or faxing the form and supporting documents to the Division of Corporations of the New York State Department of State or by submitting the document in person at the Division of Corporations.
Retain the official filing receipt for your records. The Department of State issues a filing receipt indicating the date of filing, the name of the corporation and what fees were paid. Verify that this information is correct and retain the document as proof of filing the certificate.
Complete a certificate of discontinuance of business with the country where the business is registered. To obtain this form, contact the county clerk of the county where the business received a business license. This form will verify that the business license is no longer required as a result of the businesses being discontinued and dissolved.