Register a Foreign LLC in New York
NY Certificate Of Authority
If you have an out-of-state LLC and want to do business in New York, you first need a Certificate of Authority from the NY Division of Corporations. Use our step-by-step guide below to register your Foreign LLC in New York, or hire us to do it for you.
We’ll take care of your filing WITHOUT suckering you into hidden fees or long-term contracts. Want even more bang for your buck? Add a domain name (or transfer your existing domain), business website, email and phone service, all FREE for at least 90 days.
Do I need a foreign LLC in New York?
An LLC that was formed in one state but transacts business in New York through any “nexus” will need to qualify as a Foreign LLC. In true New York fashion, it all comes down to taxes. You can find the exact law in §801-§809 of the New York Limited Liability Company Law, but in most cases you will need to register with the NY Division of Corporations if you have 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
Do-It-Yourself Foreign
Business Registration
If you prefer to obtain your Certificate of Authority yourself, you can still use our $49 NY registered agent service:
- Business address for privacy protection
- Same-day document scans
- Secure document portal
- Biennial statement service enrollment (no upfront fee)
- FREE domain for 1 year (up to $25 value)
- Business website (FREE for 90 days)
- Business phone number with New York area code (FREE for 90 days)
Foreign LLC Formation
Package: $399
With New York Registered Agent LLC, you can get everything you need to maintain or expand your business:
- Business address for privacy protection
- Foreign LLC registration
- Registered agent service included
- Biennial statement service enrollment (no upfront fee)
- FREE domain for 1 year (up to $25 value)
- Business website (FREE for 90 days)
- Business phone number with New York area code (FREE for 90 days)
Our NY Foreign LLC Registration Service
We’ll retrieve a Certificate of Good Existence from your home state then prepare and file your Certificate of Authority, all for just $100 plus state fees.
HERE’S WHAT WE DO:
Obtain a Certificate of Existence from Your Home State
We obtain a Certificate of Existence* (known as a Certificate of Good Standing in some states) from the state your LLC was formed in. This is required as part of your New York Foreign Registration filing. If you already have a Certificate of Existence, we can attach that instead when we subsequently file your Application for Authority on your behalf.
* Certificate of Existence must be less than one year old to be valid.
Serve as Your NY Registered Agent
Having a registered agent in New York is required for all foreign registrations. Using our registered agent service has some serious benefits when it comes to getting a Certificate of Authority. As your agent, we don’t just submit your filing and move on, we’re there for your company each and every day.
HERE’S WHAT ELSE WE OFFER:
Foreign LLC Publishing Service
New York LLCs have to publish two notices of existence with two separate newspapers in the county where their LLC was formed, or registered — yeah, unfortunately this law applies to foreign LLCs, too. The law is archaic and annoying, but you don’t have to bother with it at all because you can hire us to take care this requirement for you! Just select “New York Publication Service” at check out.
Business Website + Email + Phone
As soon as your LLC is registered in New York, launch a NY business website with our NY Business Presence Service:
Website with SSL Security + Domain + Business Email + Phone Service
All services are FREE for at least 90 days, then renew for $9/month (with the exception of domain service, which is free for a year and renews for a low annual price, typically $25/year). You can purchase each service individually, but when you bundle them together you save 20% for only $21.60 per month, versus $27. That’s a savings of more than $60 per year!
How to Register A New York Foreign LLC Yourself
The process of registering a foreign LLC is a little more complicated than the process of forming one because you’ll have to be in touch with two state offices, the New York Division of Corporations and the Secretary of State (or equivalent office) in your home state. Why? Because, in addition to filing your documents with the state, you’ll have to obtain documents from your home state.
Ultimately, you’ll be responsible for:
- New York Foreign LLC Application for Authority
- Certificate of Existence/Good Standing from Your Home State
Note that your Certificate of Existence/Good Standing must be dated within one year.
STEP-BY-STEP GUIDE
1. Get a New York Registered Agent
The state requires foreign LLCs to have a registered agent in New York. This person or entity must reside in New York and be available during normal business hours to accept service of process. The easiest way to take care of this is to hire a registered agent service. The easiest and most affordable way to take care of this is to hire us!
2. Obtain a Certificate of Existence/Good Standing
To get a Certificate of Existence, you’ll have to reach out to the Office of the Secretary of State in the jurisdiction where you formed your company. (Some states refer to this as a Certificate of Good Standing, Certificate of Status, or Certificate of Authorization.) If you already have a Certificate of Existence, great! Feel free to use it. However, you must have obtained it within the last year.
3. Confirm Your LLC Name in New York
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 LLC name. In addition, the name of your company must include one of the following: “Limited Liability Company,” “LLC” or “L.L.C.” If your name does not conform to these specific laws, you will need to select a fictitious name (or DBA name) for use in New York.
4. Submit Your Application for Authority
Once your Application for Authority 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
Unfortunately, online filing is NOT available for foreign registrations in New York.
What to Include in Your Application:
- Name of LLC
- Fictitious name (if applicable)
- Jurisdiction of organization (your home state)
- NY county in which your LLC is registering (if we’re your registered agent, you’ll list Albany)
- Address for service of process (if we’re your registered agent, this is our address)
- Email address (optional)
- Business address (again, you can use our address if we’re your RA)
- Primary address (if you have an address in NY outside the county in which you’re registering)
- Address and name of state agency where you initially formed your LLC (i.e. Secretary of State)
- Signature of an authorized person
- Name and address of person filing the application (if different)
Want to form a new LLC in New York instead? Learn how to Start an LLC in New York.
HIRE US TO REGISTER YOUR FOREIGN LLC IN New York TODAY!
