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If you would like to operate your Delaware LLC in the state of New York, you can easily do so after you file for Foreign Qualification.
Foreign Qualification is the process in which the New York Department of State gives your Delaware LLC permission to legally operate in that state.
New York requires a foreign entity to file an Application for Authority as well as a Certificate of Good Standing that shows your Delaware LLC is in compliance as well as in good standing with the state of Delaware. In addition, you will have to pay the filing fee and abide by New York’s publication requirement.
Section 206 of the New York State Limited Liability Company Law requires that:
Within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
The fee for filing a New York’s Certificate of Publication is $50.
Keep in mind that not every state in the country mandates a publication requirement; however, New York does.
We are happy to assist you with both the Foreign Qualification process in New York as well as the publication requirement, as it is limited to certain publications with specific circulation and publishing frequency.
For more information about filing for Foreign Qualification in New York, please contact us in any of the following ways:
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.
There is 1 comment left for NY’s LLC Publication Requirement for Foreign EntitiesDominic Mucci said: Sunday, June 10, 2018
I have a registered Delaware LLC and would like to do business in NY. How can I keep the publication requirements fees to a minimum and get the task accomplished and receive the necessary proof of completion? ThanksHBS Staff replied: Monday, June 11, 2018
Here are two blogs that may answer your questions. Feel free to call us or live chat from our homepage if you have further questions.