Foreign Registration in New York
Registering Your Company as Foreign Entity in New York
If your company is registered outside of New York it is required to obtain a certificate of authority before transacting business in the state.
This process is called “Foreign Qualification”, and it involves filing Application for Authority form with the New York State Department of State.
To approve foreign qualification application New York State Department of State requires certificate of good standing or its equivalent from the home state. The certificate must be current within 1 year. Keep in mind, foreign entity is required to appoint and maintain a registered agent in New York on file at all times in order to be in good standing. Similar to other entity types, a NY Secretary of state can be appointed as Registered Agent, in which case a US address for mail forwarding is required
The filing process with New York State Department of State could take about 3-4 business weeks, with expedited processing of 1 business day, plus additional time for mailing, available for extra fee. Applicants should also allow additional time for obtaining the certificate of good standing from their home state.
KEEP IN MIND: New York requires every domestic and foreign LLC (but not corporaiton) to publish a legal notice of its formation.
We have developed a system where LLCs formed (or foreign qualified) by our company can save hundreds of dollars in publication costs, regardless of the county where their office is physically located. You can learn more by clicking the help icon (?) next to the publication item on the NY Foreign LLC form.
Learn more about New York LLC publication requirements here.
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