New York Foreign LLC Certificate Of Authority
If you own a limited liability company out of state, it is known as a foreign LLC to the New York Division of Corporations. For a foreign LLC doing business in New York, you will need a Certificate of Authority from the New York Division of Corporations — this grants the LLC foreign qualification. If you’ve got the gumption, you can use our guide below to register your own Foreign LLC in New York. If you want to hire a professional to get it done quickly and accurately, then that’s our bread and butter. All without suckering you into huge fees like them other guys.
The first thing you should do is see if a New York Foreign LLC is right for you.
Do I Need A Foreign LLC In New York?
An LLC that was formed in any other state that wants to transact 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 legal statue in §801-§809 of the state legislature, but in most cases you will need to either have a New York LLC or file for a Foreign LLC 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
Our NY Foreign LLC Registration Process
Using New York Registered Agent for registered agent service has some serious benefits when it comes to getting a Certificate of Authority. Our customers can find the Application for Authority in their online account, along with every other New York business filing you may need. That means no bumbling around the craziness that is New York’s “.gov” site.
From your online account, choose “New York LLC Application of Authority” from the list of available business filings. This is the form needed to register a New York Foreign LLC.
Here’s where a self-filer would have to contact two different Secretary of State offices and possibly run into some headaches. Good thing we eliminate all of that for our clients. We obtain a Certificate of Existence (known as a Certificate of Good Standing in some states) from the state your LLC was formed in. 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.
We send that to the New York Division of Corporations, along with the state filing fee (the $225 filing fee is included in our NY Foreign LLC Package) in one business day or less.
If you have any time constraints, you can decide to add on expedited processing as well. We don’t charge any extra besides the state fees to do so. Once it’s processed, we let you know the second it’s approved so you can hit the ground running.
How to Register A New York Foreign LLC Yourself
Looking to save some money? You can file your Foreign LLC Application for Authority yourself. To do so, you must submit the same documents mentioned above:
- New York Foreign LLC 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 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 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