Congratulations! You finally received your New York license to practice architecture in New York and are ready to form your company.
How hard can it be? It’s not as hard as obtaining your license, but it’s not as easy as you think. The New York Education Department (NYSED) must review your corporate formation filing and issue its consent before you can file with the New York Secretary of State.
What does the NYSED review? Everything! For example, the name of your company must include the word “architect” or “architecture” but cannot be “architects,” unless you have more than one licensed architect. Also, the name of your company cannot conflict with another existing company, if there is a potential risk of confusion that the companies are affiliated. The status of your license is also confirmed, to ensure you are current. If you have a website, the NYSED will review to confirm that you did not provide architectural services as a company, before your company was formed.
How long can it take? The NYSED’s review currently takes close to 3 months, which means you want to make sure you prepare the filing documents properly to avoid additional delays. There is no option to expedite the NYSED’s review process.
How complicated can it be? There are details that you need to be mindful of when you select your name and corporate structure, including tax consequences. While the overall process is not complicated, given the long processing time, any minor issues will further delay the formation of your company. It is important that you have a thorough review of your social media presence and a careful review of your paperwork, before anything is submitted to the NYSED.
Questions about this topic or any other construction law issues?
Contact Karen at firstname.lastname@example.org.
ABOUT KAREN KIM
Karen Kim works in a broad range of practice areas, including construction, corporate, real estate, trademark and commercial litigation. She provides general counsel to design professionals, such as architecture firms and architects, including compliance with state and board requirements and new legislation.
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