NY Certificate Of Authority
If you currently operate an incorporated business out of state, it’s considered a Foreign Corporation to New York and you must apply for NY Certificate of Authority to do business. If you’d like to expand your Corporation into New York, you will need a Certificate of Authority from the state of New York Division of Corporations. This is obtained by successfully filing an Application for Authority and paying the foreign qualification fee. At New York Registered Agent, we help people form Foreign Corporations in New York every day, but if you have the time and patience you can file an Application for Authority yourself.
The first thing you should do is make sure you need to establish a New York Foreign Corporation.
Do I Need A Foreign Corporation In New York?
If your corporation was formed in any state other than New York, and you want to have any “nexus” in New York, you will need to file to qualify as a New York Foreign Corporation. A legal nexus is outlined in §1301-§1321, but pretty much means any business that is taxable in New York. The State of New York flippin’ loves taxes, and they’re going to collect them not just from New York corporations but from any business that has any of the following in New York:
- Significant storage (i.e. a warehouse, or distribution hub)
- An office
- A storefront
- Salesperson(s) that conduct business in the state
Our NY Foreign Corporation Registration
If you already use New York Registered Agent for registered agent service, or you decide to, this process gets a whole lot easier. In your account, you will find every New York business filing you may need. All in one place, no scrounging around the New York Department of State’s janky website.
From your online account, choose “New York Corporation Application of Authority” from the list of available business filings. This is the exact form you need for registering a New York Foreign Corporation.
After ordering, we take care of the hard part for you. We go ahead and obtain a Certificate of Existence (known as a Certificate of Good Standing in some states) from your home state. Then we fill out and file your Application for Authority. If you already have a Certificate of Existence, we can just use the one you have. That way, the process is even faster.
* Certificate of Existence must be less than one year old to be valid.
Then we pay your state filing fees (the $250 dollar filing fee is included in our NY Foreign Corporation Package) and in one business day will have it to the NY Division of Corporations for processing. New York then processes your application according to the processing speed you choose. These are extra fees that are charged by the NY Division of Corporation and you can find the option for them upon ordering. Then we’ll notify you the second your New York Foreign Corporation has been approved so you can start gettin’ down to business.
Register A NY Foreign Corporation Yourself
Looking to save some money? You can file your Foreign Corporation Application for Authority yourself. To do so, you must submit the same documents mentioned above:
- New York Foreign Corporation Application for Authority
- Certificate of Existence/Good Standing from Your Home State
A Certificate of Existence/Good Standing is generally obtained from your local Secretary of State office. It must be dated within one year.
When filling out your Application for Authority, be aware that there are numerous restricted or prohibited words and phrases that cannot be used as part of your Corporation name. In addition, the name of your company must include one of the following: “Corp,” “Corporation,” “Inc,” or “Incorporated.” If your name does not conform to these specific laws, you will need to select a fictitious name for use in New York that does.
Once your Application is complete, you must mail it or deliver it to the following address:
Department of State
Division of Corporations, State Records and UCC
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001