New York LLC Foreign Qualification

New York LLC Foreign Qualification Info

How to New York LLC Foreign Qualification:

Steps to Foreign LLC Qualification in New York

To apply for a foreign LLC registration, you must first select a business name to use in New York that conforms to Section 204 of the NYS Limited Liability Company Law. The name must be distinguishable from all other entity names currently registered.

A foreign LLC qualification begins with filing an Application for Authority with the New York Department of State Division of Corporations. There is a $250 filing fee. Accompanying the Application must be a Certificate of Existence (or certified Articles of Organization) from the LLC’s home state.

A New York registered agent is appointed on the Application for Authority to accept service of process and other certified business mail.

Once the foreign LLC registration is submitted, wait two to four weeks for processing.

Foreign LLC Registration Quick Facts

How Current Does My Certificate of Existence Need to Be?

The Certificate needs to be dated within one year of the filing. Any older, and the foreign LLC registration will not be accepted.

New York Registered Agent

A New York registered agent:

  • Continually maintains a registered office (physical street location, not a PO box)
  • Is open to accept service of process and certified business mail during regular business hours
  • Signs for business documents on behalf of clients
  • Forwards all documents to clients in a reasonable time period

How Do I Determine if My LLC Name is Currently in Use in New York?

The Corporation and Business Entity Database can be searched online. Online searches should be considered only an initial verification, not a final decision as to whether or not a particular name is available and acceptable. The final decision rests solely with the Division of Corporations.

A records search can also be requested by mail. There is a $5 search fee per name if sent by mail.

Though not required, the Division of Corporations recommends a copy of the name availability response be attached to the Application submission.

Biennial Statement

After a foreign LLC qualification, the LLC must file a biennial statement every two years. The due date for the biennial statement is the anniversary month of foreign LLC registration. If your LLC was registered in October, it files the biennial statement in October.