Starting Your Business | Erie County Clerk's Office

Starting Your Business

With the Erie County Clerk’s Office

Visit Our Office Online at www.erie.gov/clerk

Erie County Clerk’s Office

Dear New Business Owner,

The County Clerk’s office is happy to introduce

you to the process of starting your own business here in

Erie County. We are proud to say that starting a business

can begin right here in the Clerk’s Office where you will

research and register a name for your sole proprietorship

or partnership. Essentially, you will lay the foundation for

your new business.

Starting your own business is a long and detailed

process. But with the right resources it does not have to

be a frustrating or tedious one. That is why I have creat-

ed this “Business Brochure” to assist you by providing an

up-to-date list of resources that will contribute to making

your business endeavor a successful one.

This is a very exciting time for you, and I realize

that small businesses help form the foundation of our

economy in Western New York. We hope that you find

this information helpful. If we can ever be of further as-

sistance, please do not hesitate to contact us.

Michael P. Kearns

Erie County Clerk

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Table of Contents

Legal Structure…………………………………………………...3

Licenses and Permits……………………………………………5

Tax Information…………………………………………………...6

Employer Responsibilities……………………………………...7

Steps for Start-Ups……………………………………...............8

Tax Incentives…………………………………….......................9

“Thank a Vet” Program..……………………………………….10

Frequently Asked Questions………………………………….11

Additional Business Resources…………………………......13

Sample Business Certificates

Sole Proprietor…………………………………………….16

Partnership………………………………………..............17

Amendment………………………………………………..18

Thank a Vet Application……...………………………………..19

www.erie.gov/clerk

Legal Structure

Forms of Business Structure

The most common forms of business organizations are: sole proprietorship, partnership, limited

liability company and corporation. If you plan to conduct business under a name other than

your own, you are required to register the name. Keep in mind that registration of an assumed

name in the Clerk’s Office is not a license to conduct business; a separate license may be re-

quired, depending on the type of business you intend to engage in.

Sole Proprietorship:

The simplest form of business structure owned by one individual is a sole proprietorship. All

business responsibilities, decisions, and risks are those of the single owner. The owner of a sole propri-

etorship has unlimited liability for the business.

Form required: Business Certificate (Assumed Name Certificate) also known as Certifi-

cate of Conducting Business as a Sole Proprietor. This form may be downloaded from our website

at www.erie.gov/clerk. Complete, including your notarized signature and file the form with the County

Clerk in each county where the business is located. You will obtain 2 certified copies when the original

is filed with the County Clerk; the additional certified copies will be retained by the bank and by the busi-

ness.

Fees: $35 for filing and certified copies.

Partnership (General Partnership, See below for Limited Partnership and Limited Liabil-

ity Partnership):

A partnership is the relationship between two or more persons or companies that carry on a

trade or business together. In the absence of a Partnership Agreement, New York Partnership Law sets

forth the rights and duties of the partners.

Form required: Business Certificate for Partners also known as Certificate of Conducting

Business as Partners. This form may be downloaded from our website at www.erie.gov/clerk. Com-

plete, including your notarized signature, and file the form with the County Clerk in each county where

the business is located. You will obtain 2 certified copies when the original is filed with the Erie County

Clerk. The certified copies will be retained by the bank and by the business.

Fees: $35 for filing and certified copies.

Limited Partnership: Similar to a general partnership, except that only one partner is required

to be a general partner; the additional partner(s) has/have limited liability to the extent of his/her/their

investment and no management powers.

Form required: The New York State Department of State requires the filing of a Certificate of

Limited Partnership which may be found at http://www.dos.ny.gov/form-corporation-or-business.

Limited Liability Company:

A limited liability company is an unincorporated business organization, other than a general part-

nership or a trust, of one or more persons having limited liability for the contractual obligations and other

liabilities of the business.

Form required: The New York State Department of State requires the filing of Articles of Or-

ganization which may be found at http://www.dos.ny.gov/form-corporation-or-business.

A Limited Liability Company must publish a notice in two newspapers in the county where the

business is located each week for six successive weeks specifying the details of the Limited Liability

Company within 120 days after filing the Articles. To find additional information regarding the publication,

including a list of approved newspapers, go to www.erie.gov/clerk. At the bottom of the Clerk’s home

page under the topic “Frequently Requested” lists the approved publications.

Limited Liability Partnership: Similar to a limited liability company, a limited liability partner-

ship is a professional partnership, each partner having limited liability for the other(s). The New York

State Department of State requires the filing of a Certificate of Registration which may be found at

http://www.dos.ny.gov/form-corporation-or-business.

www.erie.gov/clerk

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www.erie.gov/clerk

Fees: $5 for each name search, $20 for Reservation of Name, $200 for filing of Articles of Organiza-

tion, $50 for filing of Certificate of Publication, $200 for filing Certificate of Registration. Additional fees / filings

may be required.

Corporation:

A New York State corporation is an entity separate and distinct from the individual(s) who owns and

manages the business. A corporation can sell, buy, and inherit property in its own name and is legally endowed

with rights, powers, and duties in the conduct of lawful activities, like a natural person. Business corporations

operate for profit and can raise capital by selling shares of interest in the corporation. A corporation’s debt and

obligations are distinctly its own and not generally those of the owners.

Form required: The New York State Department of State requires the filing of a Certificate of Incor-

poration which may be found at http://www.dos.ny.gov/form-corporation-or-business.

Fees: $5 for each name search, $20 for Reservation of Name, $125 for filing of Certificate of Incorpora-

tion plus minimum tax of $10 to issue a maximum of 200 shares no par value or a par value of all authorized

shares up to $20,000. Additional fees / filings may be required.

______________________________________

The following Fill-in Business Certificates for Sole Proprietorship or Partnerships can

be found at the Erie County Clerk’s website: http://www.erie.gov/clerk/

Business Certificate (also known as Assumed Name Certificate)

Business Certificate for Partners

Amended Business Certificate

Discontinuance of Business Certificate

Discontinuance of Business Certificate for Partners

Information contained in this Guide should not be considered

exhaustive and all-inclusive:

The County Clerk strongly recommends that you consult with an attorney to obtain

counsel regarding your specific goals and circumstances.

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www.erie.gov/clerk

Licenses & Permits

Local Permits

A person contemplating starting a business should be aware of local laws. It is important to

contact the village, town or city and county clerk where the business office will be located or

operated. Local laws or regulations affecting zoning, signage or parking and occupational li-

cense requirements for such occupations as auctioneers, electricians and plumbers, should be

considered. It is advisable to contact your local government first.

Cities

City of Buffalo ………… 851-5033 Farnham…………………. 549-0890

City of Lackawanna….. 827-6450 Gowanda………………... 532-3353

City of Tonawanda……. 695-8318 Grand Island…………….. 773-9600

Hamburg…………………. 649-6111

Towns & Villages Hamburg (Village)………. 649-0200

Akron…………………... 542-9636 Holland…………………….537-9443

Alden…………………... 937-6969 Kenmore (Village)………..873-5700

Alden (Village)………… 937-9216 Lancaster………………... 683-9028

Amherst……………… ...631-7000 Lancaster (Village)……... 683-2105

Angola……………. … ...549-1126 Marilla……………………..652-5350

Aurora……………….. ...652-3280 Newstead...……………... 542-4573

Blasdell………………. ...822-1921 North Collins…………….. 337-3391

Boston……………. …... 941-6113 North Collins (Village)….. 337-3160

Brant…………………. .. 549-0282 Orchard Park………...…. 662-6410

Cheektowaga……….. ...686-3400 Orchard Park (Village)…..662-9327

Clarence…………….. ...741-8938 Pendleton………………... 625-8833

Colden……………….. ...941-5012 Sardinia………………….. 496-8900

Collins……………….. ...532-4887 Sloan (Village)…………... 897-1560

Concord……………… ...592-4946 Springville………………... 592-4936

Depew (Village)…….. ...683-7451 Tonawanda……………….877-8800

East Aurora (Village). ...652-6000 Wales…………………….. 652-4141

Eden…………………….992-3406 West Seneca……………..674-5600

Elma…………………. ...652-3260 Williamsville (Village)…….632-4120

Evans………………….. 549-8787

All of the above telephone numbers are located in the “716” area code.

New York State Licensing and Permits

Some businesses require specific New York State permits. The Governor’s Office of Regulato-

ry Reform (GORR) defines a permit as “any required license, registration or similar form of au-

thorization required by New York State.” Those businesses that require a permit include, but

are not limited to: motor vehicle repair shops, beauty salons, food establishments, real estate

sales and child day care centers. For assistance in identifying New York State permit require-

ments, please go to www.dos.ny.gov/licensing/ or contact the

NYS Department of State

Division of Licensing Services

P.O. Box 22001, Albany, New York 12201-2001

(518) 474-4429

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Tax Information

www.erie.gov/clerk

New York State Department of Taxation and Finance

General: Publication 20, “New York State Tax Guide for New Businesses,” provides basic

information about New York State Tax Law and Regulations for small businesses. This publi-

cation outlines the procedures to follow and forms to file with the NYS Department of Taxation

and Finance to fulfill your tax obligations. You may find the publication, along with others at

http://www.tax.ny.gov/pubs_and_bulls/.

For more specific information regarding the taxation of various types of business entities, such

as corporations, limited liability companies or limited partnerships, review the specific publica-

tions at http://www.tax.ny.gov/bus/ct/ctidx.htm. For example, tax treatment of S Corporations

is discussed in Publication 35, and the publication regarding limited liability companies is Publi-

cation 16.

Additional information from the Tax Department regarding the start up of a business may be

found at: http://www.tax.ny.gov/bus/doingbus/starting_business.htm.

Sales and Use Taxes: If your business will sell tangible personal property or provide specific

services in New York, you may be required to collect and remit New York State and local sales

tax to the NYS Department of Taxation and Finance, usually on a quarterly basis. Publication

750, “A Guide to Sales Tax in New York State,” as well as Tax Bulletin ST-360, How to Regis-

ter for New York State Sales Tax , both available at http://www.tax.ny.gov/pubs_and_bulls/,

has information regarding your obligations and how to register for a “Sales Tax Certificate of

Authority” (Form DTF-17). If you have any questions on whether or not you are required to reg-

ister, see Tax Bulletin ST-175, Do I Need to Register for Sales Tax?. In addition, to deter-

mine when and how a business entity such as a limited liability company or corporation pays

use or sales tax, see Tax Bulletin ST-910.

Forms and Publications are also available from:

NYS Department of Taxation & Finance

W. Averill Harriman Campus, Albany, NY 12227

Forms & Information: (518) 485-2889

Internal Revenue Service

The Small Business and Self-Employed Tax Center at http://www.irs.gov/businesses/small/

index.html provides links to general information regarding federal tax obligations, helpful vide-

os for small business or self-employed individuals, scheduled events such as workshops and

online tools, as well as more specific tax information regarding the various stages of owning

and operating a small business.

A Federal Employer Identification Number (EIN) is used by the federal and state authorities

to identify a business entity. To determine if you are required to obtain an “EIN,” review the

information available at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/

Apply-for-an-Employer-Identification-Number-(EIN)-Online

For more information, contact the local IRS office at:

130 South Elmwood Avenue, Buffalo, New York 14202

(716) 961-5100

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Employer Responsibilities

www.erie.gov/clerk

You’ve started your business and the good news is that business is going well.

The bad news is there's only one of you.

Perhaps it's time to take the plunge and hire some help.

Hiring Employees

The first step in hiring employees is obtaining an Employer Identification Number, or EIN. You

may either contact the Internal Revenue Service directly or online to obtain an EIN. More in-

formation may be found at https://www.irs.gov/businesses/small-businesses-self-employed/

apply-for-an-employer-identification-number-ein-online.

Choosing the right employee requires you to make an informed and legally compliant decision;

privacy is an issue regarding the potential employee’s background and the questions you may

ask. Knowing the legal limits is important: Credit Reports and Criminal Records are just two

records that may not be obtained without the applicant’s authorization and consent. On the

other hand, Workers’ Compensation Records are public records and may be considered under

certain circumstances. You should make yourself aware of the vagaries of the laws of the

State of New York by consulting with an attorney if you have specific questions, or by re-

searching the issues through some of the resources contained in this brochure.

Federal law requires employers to verify an employee's eligibility to work in the United States.

Within three days of hire, employers must complete an Employment Eligibility Verification

Form, commonly referred to as an “I-9 Form.” Completing this form requires you to examine

acceptable forms of documentation supplied by the employee to confirm the employee's citi-

zenship or eligibility to work in the U.S. The form, instructions and additional information may

be found at the internet site for US Citizenship and Immigration Services (www.uscis.gov). In

addition, all employers must report newly hired and re-hired employees to a state directory

within 20 days of their hire or rehire date. New York State New Hire Reporting Requirements

may be found at http://www.tax.ny.gov/bus/wt/newhire.htm.

Once employees are hired, certain taxes must be withheld by the employer, including FICA

(Medicare and Social Security taxes), federal and state income taxes, state unemployment tax-

es, and possibly federal unemployment taxes. For specific information on employer responsi-

bilities regarding the withholding of federal taxes, you may want to read the IRS’ Employer’s

Tax Guide (Publication 15, http://www.irs.gov/pub/irs-pdf/p15.pdf). In addition to the obligation

to withhold state income taxes, New York State requires all employers to provide Unemploy-

ment, Worker’s Compensation, and Disability Insurances. See Publication NYS-50, Employ-

er’s Guide to Unemployment Insurance, Wage Reporting, and Withholding Tax. (http://

www.tax.ny.gov/pdf/publications/withholding/nys50.pdf)

As you grow, you may choose to provide additional employee benefits, such as Retirement

Plans. The Small Business Administration publishes a multitude of guides at its website, http://

www.sba.gov.

Information contained in this Guide should not be considered exhaustive or all-

inclusive: The County Clerk strongly recommends that you consult

with an attorney to obtain counsel regarding your specific goals and circumstances.

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Steps for Start-Ups

www.erie.gov/clerk

The following steps can help you plan and manage the start-up of your

business:

1. Draft a Business Plan, and the steps necessary to accomplish it. Your Plan should in-

clude:

 A description of the business, including a statement of the business purpose;

 A Marketing Plan – describe how you will market and manage your business, includ-

ing identification of your target market, analysis of your competitors, advertising and

public relations;

 Financial Data, including financial projections; and

 Supporting documentation, including tax returns, franchise contracts, copies of pro-

posed leases, contracts of purchase, licenses, and other legal documents.

2. Obtain Business Assistance and Training. Take advantage of free training and coun-

seling services offered by, among other organizations, the Small Business Association, the

Buffalo State College Business Development Center, Canisius College Women’s Business

Center, or the SCORE Association.

3. Location. Location. Location. Choose a location for your business by considering such

factors as whether and how your customers will come to you, and whether proximity to

your competitors is helpful. Review local zoning and size regulations for restrictions for

business types and / or signs. Consider also whether a home office is an attractive alter-

native.

4. Determine the Legal Structure of Your Business, by researching the various forms of

ownership: sole proprietorship, partnership, limited liability company, or corporation and by

seeking advice about the tax consequences. Create the legal entity and / or register the

business name with New York State or Erie County Clerk’s Office.

5. Research and Determine How You Will Finance Your Business. Know your financial

needs by assessing your financial costs and obtaining information about the options availa-

ble to help you start and sustain your business. Consider such factors as the advantages

of using personal versus business finances, as well as the eligibility of your business to ob-

tain financing.

6. Obtain a Tax Identification Number, if required, by contacting the Internal Revenue Ser-

vice at http://www.irs.gov/. Register with New York State to obtain a tax identification

number, and if you plan on hiring employees, insurances such as workers’ compensation,

unemployment, and disability, if required. Determine if a Sales Tax Identification Number

is required by the State of New York for your business and contact the NYS Department of

Taxation & Finance to ask for a sales tax kit. For general information you may call 1-518-

457-5342 or visit http://www.tax.ny.gov/.

7. Obtain Applicable Business Licenses and Permits, by contacting the NYS Office for

Technology, Business Permit Assistance Office, or by contacting the local town or city in

which you plan on doing business (Also see page 5).

8. Determine Your Responsibilities if You Plan on Hiring Employees. (See page 7.)

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9. Build a team of advisors to help you:

• Certified Public Accountants- to advise on tax strategies and record keeping

• Lawyer- to review and produce legal documents and general advice

• Commercial Insurance Agent- for liability coverage and any other forms of

insurance your business may require

• Contact Business Counseling Agencies such as the Small Business Associa-

tion or SCORE (contact information can be found on the Business Resources

Pages of this publication—pages 13-14).

10. Open a Commercial Banking Account: Maintain this account separately from your per-

sonal account. The bank will require a stamped, certified DBA certificate or a copy of your

organizational papers, i.e. Certificate of Incorporation with your corporate seal affixed or

Articles of Organization.

11. Arrange for installation or implementation of the appropriate technological support:

i.e. a business telephone line or internet service. Consider how your customers will

access the services or products that you offer.

12. Determine whether you will need a “cash cushion” and create enough reserve to meet

your needs; i.e. three to six months worth of expenses.

13. Send announcements of your business start-up to the media, potential customers, and

friends.

________________________________________

Tax Incentives

Over the last few years, unprecedented tax cuts, in addition to general business credits, bene-

fitting small business owners have been enacted:

 Capital gains taxes have been fully eliminated on certain small business stock.

 Small businesses can write-off a larger portion of the cost of new equipment purchases in

the year of purchase rather than depreciating the cost over time.

 All businesses—large and small—are allowed to expense their investments in the first year

that investments were made.

 The deduction amount for business start-up was doubled, starting in 2010.

 Some business credits can be “carried back” for up to five years.

 New credits are available for hiring and retaining unemployed workers, as well as providing

health insurance coverage to employees.

The County Clerk recommends that you consult with your legal counsel, tax preparer

or accountant to obtain advice regarding the tax incentives or

business credits currently available to your business.

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www.erie.gov/clerk

Business Programs

Thank a Vet

New business owners:

You can "Thank a Vet" and give back to those serving you and patronizing your business.

The Erie County Clerk’s Office now offers a discount program honoring our men and women of

the Armed Services. “Thank a Vet” is an outreach program designed to promote the filing of

their original military discharge papers (i.e., DD-214, NGB 22, DD-256, NOAA 5516, or PHS

1657). When a Veteran files his/her Discharge or Release Form for safekeeping with the Erie

County Clerk's Office, he or she can be assured that if required, certified copies of the proof of

service will be available to the veteran or his or her immediate family at no cost from this office.

In addition, he/she is given a plastic card containing the recording information of the discharge

or release papers in the Office of the County Clerk. The card, although not an official govern-

ment-issued identification card, entitles the Veteran to discounts for a wide range of services

and products offered by local merchants. A complete list of participating merchants and the

discounts offered are available on our website at https://www2.erie.gov/clerk/

Do you offer a military discount?

If you want to join our growing list of participating merchants,

contact the Erie County Clerk’s Office at 858-4739.

The Merchant Application Form is included in this booklet at page 19.

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Frequently Asked Questions

I am thinking of starting a business. Where can I find help in starting up?

There are many organizations which assist first time business owners. Reviewing this “Starting

a Business” brochure published by the Erie County Clerk is a good place to start. Then, con-

sult one of the organizations listed on our Business Resources Pages (pages 13-14), such as

SCORE the Small Business Association, the Buffalo State College Business Development

Center, or Canisius College Women’s Business Center.

Where can I get the necessary forms?

If you are a sole proprietorship or partnership and filing a Business Certificate, also known as

“Doing Business Certificate” or “Assumed Name Certificate”, visit our website at www.erie.gov/

clerk and go to Business Center. If you are forming a corporation, limited partnership or limited

liability company, go to www.dos.ny.gov and visit the “Corporations” section.

What can I name my company?

Generally, you may call your business any name that you choose; however, some restrictions

apply to the name that you may legally give your business. For example, you may not add the

suffix “Inc.” or “Incorporated” to a business that is not a corporation; and you will be required to

use a particular suffix in the name of a business that is formed pursuant to New York law, i.e.,

Smith Jones LLC. You may not generally use a name that would be misleading, i.e., United

States Insurance Offerings; and if your business requires approval of a State Agency, you may

be required to include the type of business in your name, i.e., Best Buy Insurance Agency.

Where can I file my Business Certificate?

All sole proprietorship and partnership certificates must be filed in the county where the entity

intends to conduct business. In Erie County, you will file your Business Certificate in the Ar-

chive Department, Erie County Clerk's Office, 92 Franklin St. Buffalo, NY 14202.

Can I mail in the Business Certificate?

Yes, however a search should be made of the records at the Clerk’s Office to ensure that you

are not using a name already registered. It is the responsibility of the filer to avoid a conflict by

choosing a name already in use. We strongly recommend that you search the public records

yourself. The Business Certificate must be filled out correctly, notarized and forwarded with a

check or money order in the amount of $35 to: Archive Department, Erie County Clerk, 92

Franklin Street, Buffalo, New York 14202. Include a self-addressed and postage paid return

envelope for each filing requested.

How much does filing a business certificate cost?

There is a charge of $35 to file your business certificate. This includes the production of two

certified copies returned in your enclosed return envelope.

Can I get my business certificate notarized at Erie County Hall?

Yes! Blank forms are available either online at www.erie.gov/clerk or at the counter in the Ar-

chive Department of the Erie County Clerk’s Office. Either a notary or commissioner of deeds

can notarize your certificate and either are available in our office, both in the Archive Depart-

ment or in the Registrar’s Office. Please note that the clerks in the office are neither author-

ized to give legal advice nor correct the information in your certificate.

11

If I decide, instead, to form a corporation or other business entity, where will I obtain

and file the appropriate forms?

Corporations, limited liability partnerships, and limited liability companies are created by filing

either a Certificate of Corporation, Certificate of Limited Partnership, Articles of Organization,

or other certificate of authority with the New York State Department of State, Division of Corpo-

ration, and not with the County Clerk. Forms and information are available on-line at

www.dos.ny.gov/corps/.

Where can I go to obtain licenses and permits?

Information regarding necessary licenses or permits may be found at the NYS Department of

State, Division of Licensing Services at www.dos.ny.gov/licensing/ or by contacting the local

town or city in which you plan on doing business.

In addition, you may be required to obtain specific certification or authorization from the NYS

Department of State, Division of Licensing Services. For additional information, please visit

www.dos.ny.gov/licensing/. Note that if you plan to operate a business from your home, you

may be required check to make sure you are not in violation of local zoning ordinances. For

licenses & permits in the City of Buffalo contact Buffalo City Hall licensing 851-4952 or permits

at 851-4926.

Information contained in this Guide should not be

considered exhaustive or all-inclusive.

The County Clerk strongly recommends that you consult with an attorney to

obtain counsel regarding your specific goals and circumstances.

12

www.erie.gov/clerk

Additional Business Resources

Amherst Industrial Development Agency

The development agency has incentive programs and financial assistance to encourage economic growth and de-

velopment in the Town of Amherst. Contact: www.amherstida.com/ or 716-688-9000.

Buffalo and Erie County Public Library

The library has references on planning, starting and running a small business. Contact: www.buffalolib.org or 716-

858-8900.

Buffalo Niagara Enterprise (BNE)

The BNE is a nonprofit, private business development and regional marketing organization for Buffalo Niagara re-

gion businesses. It provides assistance with decisions regarding locations by supplying information on de-

mographics and incentives for the eight counties of the Buffalo Niagara region. Contact: www.buffaloniagara.org or

1-800-916-9073.

Buffalo Niagara Partnership

The partnership of local employers offers its members products and services designed to save money and increase

revenue. Contact: www.thepartnership.org or 716-852-7100.

Buffalo State College Business Development Center

The center provides free one-on-one counseling for small business owners as well as training and instructional pro-

grams targeting the individual needs and interests of entrepreneurs. Special programs are offered for veterans,

disabled and minorities. Contact: https://sbdc.buffalostate.edu or 716-878-4030.

Business Services Online (BSO) of the US Social Security Administration enables organizations and authorized

individuals to conduct business with the Social Security Administration by providing a degree of authentication that

ensures a level of trust. Once registered through BSO, users may request, activate, and access various services

and functions. Contact: www.socialsecurity.gov/pgm/business.htm

Canisius College Women’s Business Center

The center provides women business owners and entrepreneurs coaching, education, business development pro-

grams, and networking opportunities. Contact www.thewomensbusinesscenter.com/or 716-888-8280.

Cheektowaga Industrial Development Agency

The development agency has incentive programs and financial assistance to encourage economic growth and de-

velopment in the Town of Cheektowaga. Contact: www.cheektowagadevelopment.com/ or 716-897-7200.

Clarence Industrial Development Agency

The development agency has incentive programs and financial assistance to encourage economic growth and de-

velopment in the Town of Clarence. Contact: www.clarenceida.com or 716-741-8935.

Empire State Development

The agency promotes economic development by providing incentives and initiatives to support small business.

Contact: www.esd.ny.gov/ or call 1-800-782-8369 or https://esd.ny.gov/regions/western-new-york or at 716-846-

8200 or 716-221-8316.

Empire State Division for Small Business

This division of Empire State Development provides resources on start-up, financing, technical assistance, permits

and licensing and more to support the development and expansion of small businesses with under 100 employees.

Contact: www.esd.ny.gov/doing-business-ny or 800-782-8369 or 716-846-8200.

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Erie County Industrial Development Agency

The agency of provides resources like incentive and loan programs to encourage investment and create a success-

ful business climate. Contact: www.ecidany.com/ or 716-856-6525.

Greater Lockport Development Corporation

The development corporation provides loans to new and existing businesses in Lockport. Contact:

www.lockportny.gov/businesses/economic-development/or 716-439-6688.

Hamburg Development Corporation

The development corporation provides loans to new and existing businesses in the Town of Hamburg. Contact:

hamburgida.com/ or 716-648-4145.

Lancaster Industrial Development Agency

The Agency works cooperatively with the Erie County Industrial Development Agency to bring the technical exper-

tise of the ECIDA and the special knowledge of the local area. Contact www.lancasternyida.com/or 716-901-7875.

Launch NY

Launch NY is a non-profit venture development organization with a mission of supporting entrepreneurs and their

start-up companies through a combination of financial investments and dedicated managerial resources to help en-

sure long term success. Contact: launchny.org/ or 881-8006.

Minority and Women Business Enterprise

This Division of the Empire State Development promotes the business development of minority and women–owned

business enterprises (MWBEs) through education and outreach to agencies and MWBEs. Certified MWBE compa-

nies are listed in the “Directory of Certified Minority and Women-Owned Business Enterprises.” Contact: https://

www.esd.ny.gov/mwbe or at 1-646-846-7364 or Empire State Development-Buffalo Office, https://esd.ny.gov/

regions/western-new-york or at 716-846-8200.

NYS Department of Financial Services

Search the department website for resources and programs that help small businesses succeed. Contact:

www.dfs.ny.gov/consumers/small_business or New York State Department of Financial Services, Electric Tower,

535 Washington St., Suite 305, Buffalo, NY 14202.

NYS Energy, Innovation & Solution The authority offers energy efficiency assistance programs to businesses.

Contact: www.nyserda.ny.gov/ or 518-862-1090, or 866-697-3732, or NYSERDA Buffalo Office, 726 Exchange

Street, Ste. 821, Buffalo, NY 14210, 716-842-1522.

NYS Small Business Development Center (NYSBDC)

The center delivers high quality business counseling and training to New Yorkers who want to start a business or

improve the performance of an existing business. Contact: www.nyssbdc.org/ or 800-732-7232 or Buffalo Small

Business Development Center Contact: 716-878-4030. See Buffalo State College Small Business Development

Center.

Orchard Park Economic Development Committee

The development committee assists businesses looking to locate and expand in Orchard Park. They provide a list

of available commercial and industrial properties for purchase, lease or rent and other assistance. Contact: orchard-

parkny.org/ or 716-662-6400.

SCORE Buffalo Niagara

The SCORE Association assists with securing financing for businesses and developing an effective business plan.

They provide free business counseling and low-cost workshops. Contact: buffaloniagara.score.org/ , 130 S Elmwood

Ave, Suite 540, Buffalo NY 14202, or 716-551-4301.

University at Buffalo Center for Entrepreneurial Leadership

The School of Management 's Center for Entrepreneurial Leadership (CEL) serves as a central resource for devel-

oping businesses based in Western New York. The 10-month Core program was created to enhance the manage-

ment abilities of business leaders and the profitability of their firms, while building new business relationships

through an expanded network of contacts. Contact: mgt.buffalo.edu/entrepreneurship/cel or 716-885-5715.

www.erie.gov/clerk

You may also want to contact your local Chamber of Commerce at

www.chamberofcommerce.com

Your local Chamber offers resources and promotional programs for businesses.

15

United States Department of Labor

The Bureau of Labor Statistics provides economic and labor statistics on employment, wages, inflation and

productivity. Contact: www.bls.gov/ or 202-691-5200.

United States Small Business Association

The U.S Small Business Administration provides loans, loan guarantees, contracts, consulting sessions and other

forms of assistance to small businesses. Contact: www.sba.gov or U.S. Small Business Administration/Buffalo

District Office, 130 S. Elmwood Avenue, Suite 540, Buffalo, NY 14202 or 716-551-4301.

US Citizenship and Immigration Services—Homeland Security- Employee Eligibility Verification: www.dhs.gov/

e-verify , or 888-464-4218.

Using Consumer Reports (Federal Trade Commission): What Employers Need to Know: business.ftc.gov/

documents/bus08-using-consumer-reports-what-employers-need-know

Veterans Business Outreach Center (VBOC) part of the US Small Business Association

The Veterans Business Outreach Center (VBOC) program offers resources to veterans who are interested in starting or

growing a small business. McNulty Veteran Business Center, 44 Dalliba Ave, Watervliet, NY 12189, 518-326-6328,

www.vbocregion2.com, aamoroso@mcnultycenter.org.

For: New Jersey, New York, Puerto Rico, U.S. Virgin Islands

____________________________________________________

Business Certificate

(Assumed Name Certificate pursuant to General Business Law §130)

I hereby certify that I am conducting or transacting business under the name or

designation of ___________________________________________________________________

(Name of Business)

at _________________________________, _______________________________ County of Erie,

(Address) (City / Town)

State of New York _________.

(Zip Code)

My name is

(

Print or Type Name) (First) (Middle Initial) (Last)

(Only If Used)

I reside at

______________________________________________________________________

(Address) (City/Town) (State/Zip Code)

I am ___________ years of age. (Required—ONLY if under 18 years of age)

I further certify that I am the successor in interest to_______________________________

_______________________________________________________________________________________

the person or persons heretofore using such name or names to carry on or conduct or transact business.

In Witness Whereof, I have signed this certificate on ______________________________

(Date)

Sign: _______________________________________________

Print Name: _____________________________________________

(Name should appear same as above)

State of New York

County of Erie

On the ________day of _______________, ___________ before me, the undersigned, a notary public in

(Date) (Month) (Year)

and for said state, personally appeared_______________________________________________________

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)

whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they

executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,

the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Affix Stamp/Seal

___________________________________________________

(Signature and office of individual taking acknowledgement)

447-1

16

Business Certificate for Partners

The undersigned do hereby certify that they are conducting or transacting business

as members of a partnership or under the name or designation of

______________________

(Name of partnership)

at __________________________________________, __________________________________ County of Erie,

(Address) (City / Town)

State of New York _____________.

(Zip Code)

The full names of all the persons conducting or transacting such partnership including the full names of all the

partners with the residence address of each such person, and the age of any who may be infants, are as follows:

(First Name) (MI) (Last Name) (Address – city/town , state and zip code)

(add additional pages, if necessary to show additional names)

We do further certify that we are successors in interest to _______________________________________

(name of partnership)

_____________________________________________________________________________________________,

the person or persons heretofore using such name or names to carry on or conduct or transact business.

In Witness Whereof, we have signed this certificate on the _______ day of ________________, _______.

(

date)

(month) (year)

_

(sign and print name)

(add additional pages,

if necessary for (sign and print name)

additional signatures)

(sign and print name)

State of New York

County of Erie

On the ________day of _______________, ___________ before me, the undersigned, a notary public in and for said

state, personally appeared _______________________________________________________

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)

subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),

and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)

acted, executed the instrument.

Affix Stamp/Seal

___________________________________________________

(Signature and office of individual taking acknowledgement)

447-1

17

18

Amended Business Certificate

The undersigned hereby certify / certifies that a certificate of doing business under the name of:

_________________________________________________________________________________

(Name of Business)

for the conduct of business at ______________________________________, ____________________________,

(Address) (City / Town)

County of Erie, State of New York _________ was filed in the office of the County Clerk of Erie

on

(Zip Code)

the ______ day of __________, _______ under ___________________; that the last amended certificate was

(Date) (Month)

(Year)

(B

ook and Page)

filed on the _____ day of _____________, _______ in the office of the said County Clerk under ______________.

(Date)

(Month)

(Year) (Book and Page)

It is hereby further certified that this amended certificate is made for the purpose of more

accurately setting forth the facts recited in the original certificate or the last amended certificate and to set forth

the following changes in such facts:

□ Change the business name to: ___________________________________________________________

□ Change the business address to: ___________________________________________________________

(Address) (City / Town) (State) (Zip Code)

□ Change individual filer name to:

(First name) (MI) (Last name)

□ Change / add residence address of filer to: ______________________________________________________

(Address) (City / Town) (State) (Zip Code)

□ Add partner:

(First name) (MI) (Last name)

_______________________ ______________ ________

(Address) (City / Town) (State) (Zip Code)

□ Remove partner: ________________ ________ ______________________________________________

(First name) (MI) (Last name)

□ Other: _______________________________________________________________________________

In Witness Whereof, the undersigned have this _____ day of ____________ _, _______

(Date) (Month) (Year)

made and signed this certificate.

_______ ______________

(Signature) (Print Name)

_______ ______________

State of New York

(Signature) (Print Name)

County of Erie

On the ________day of _______________, ___________ before me, the undersigned, a notary public in

(Date) (Month) (Year)

and for said state, personally appeared_______________________________________________________ personally known to me

or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instru-

ment and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature

(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Affix Stamp/Seal

_______________________________________________

(Signature and office of individual taking acknowledgement)

448-1

19

MICHAEL P. KEARNS

Erie County Clerk’s

‘Thank A Vet’

DISCOUNT PROGRAM

BUSINESS MEMBERSHIP

This form can be mailed or emailed to enroll your business in our “THANK A VET” Discount Program. Be

sure to include the official name of your business, its address, hours, and discount specifications. This form

must be signed by the business owner and returned to the Erie County Clerk’s Office. Your business

information, website and logo will be displayed on www.erie.gov/clerk/thankavet.

Business Name: _____________________________________________Are you a veteran owned business?

Business Address: ___________________________________________________________________________

(Street) (City) (State) (Zip Code)

Business Telephone: ______________________ Email: _____________________________________________

Website: ____________________________________________ Type of Business: _______________________

Hours: ____________________________________________________________________________________

% Discount Specifications: (Check One)

____10% ____15% ____20% ____25% ____Other

Limitations or Considerations: (Please Print)

______________________________________________________________________________

Business Owner Name: (Please Print) ________________________________________________________

Mailing Address: __________________________________________________________________________

Business Owner Telephone: ________________________________________________________________

Signature: ________________________________________________________Date: ________________

To include your company logo on our website, send JPEG format to: SALUTES@erie.gov

Return this form by mail to: Erie County Clerk’s Office ●Attention: Salutes Program● 92 Franklin Street ● Buffalo, NY

14202 OR

E-mail to [email protected]v Questions? Contact the Clerk’s Office at (716) 858-6787

OR

Scan Here

To Submit Online

This pamphlet contains general information for starting a business.

This brochure is intended to be a reference guide for general

business requirements but is not legal or financial advice.

Filing fees and tax information were current on date of publication,

and should be verified prior to finalizing your business plans.

We suggest you discuss your business plans with an attorney

and/or accountant.

Updated for publication December 2022

Erie County Clerk’s Office

92 Franklin Street

Buffalo, NY 14202

716-858-8785

www.erie.gov/clerk