Filing a Foreign Corporation or LLC in New York

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Related: Get a New York Registered Agent

If your company was not incorporated in New York, but you wish to do business there, you need to register as a foreign entity with the state.

Known as Foreign Qualification, this process allows a company incorporated in Delaware or any other state to legally transact business in New York.

Please note: information on this page is accurate to the best of our knowledge. However, requirements and costs can be changed by states at any time and Harvard Business Services cannot guarantee the accuracy of this information.

How to Get a Certificate of Authority in New York:

The New York Department of State requires different forms and fees depending on what type of entity you are operating.

Requirements for LLCs:

  • File an Application for Authority
  • Fee: $250. 
  • A certificate of existence or Certificate of Good Standing dated within 1 year of application is required. 

Requirements for Corporations:

  • File an Application of Authority
  • Fee: $225 ($135 for Non-Profit).
  • Certificate of existence or Certificate of Good Standing within 1 year of filing the application. 

A registered agent is not required in the State of New York, however, you must provide a service of process address. If you would like to maintain a New York Registered Agent, Harvard Business Services offers this service for $99/year. 

Harvard Business Services can assist with your application so you don’t have to deal with the New York Department of State directly. We do charge our own fee for this service, in addition to state fees. The exact fee can vary based upon whether your company is already filed and whether you need us to obtain additional documents to meet the state’s requirements. Please contact us for an exact quote.

How Do I Know if I Need a New York Certificate of Authority?

The most common reasons to apply for Certificate of Authority if you plan to:

  • Open an office or physical location within the state
  • Hire employees who reside in the state
  • Before beginning a contract or job

Keep in mind that even if the State of New York does not require a Certificate of Authority for a specific activity, a bank, vendor or another party can still require one in order to establish a relationship.

New York Annual Requirements

Once you have Foreign Qualification in New York, the State of New York requires all LLCs, stock Corporations, and LPs to submit a biennial report. These reports must be submitted by the end of the registration anniversary month.

The fee for LLC, corporations, and LPs is $9.

Please note that this annual requirement is independent from requirements you may have in Delaware or other states.

Since 1981, Harvard Business Services, Inc. has helped form 289,153 Delaware corporations and LLCs for people all over the world.

Registered Agent Service

Harvard Business Services, Inc. guarantees your annual Delaware Registered Agent Fee will remain fixed at $50 per company, per year, for the life of your company.