New York Foreign LLC – Qualification and Registration


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If you already have an LLC in another state and want a New York LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in New York

Forming an New York Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in New York, you need to register it with the New York Secretary of State.

Step 1: Choose New York Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the New York Secretary of State. Your LLC’s legal name outside of New York will be listed on the application, along with the name it will use in New York. Take note of the requirements for naming your LLC

Check name availability at New York’s business entity names and reserve your LLC name.

Step 2: Select New York Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in New York and take note that a New York registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries: 

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Step 3: File Registration of New York Foreign LLC 

Fill out and submit a Foreign LLC Application for Registration form via email through the New York Secretary of State website or by mail to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

Include the following:

  • LLC’s full legal name. 
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in New York
  • Date when your LLC will start operations in New York.
  • Credit card information on the last page of the form for the $150 application fee. 

The LLC cost in New York, even for foreign LLCs will differ between online filing and by mail.

Step 4: Determine How Your New York Foreign LLC is taxed

Foreign LLCs are also subjected to the New York Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Steps to Filing New York Foreign LLC Online

Time needed: 5 minutes.

To start your foreign business limited liability company in New York, you must apply for a Certificate of Authority with the New York Secretary of State office. The State offers only offline filing options for foreign LLCs through the mail. The cost of registration is $250. Once approved by the Secretary of State office, you will receive a certified copy of your Certificate of Authority. We have explained the aspects you need to cover when you apply for the New York Foreign LLC,

  1. Visit the Official Website of the New York Department of State

    The page provides all the information about the Application for Authority for Foreign Limited Liability Companies offered by the State of New York. You can read all the Statutory information and additional information and guidelines on this page.

  2. Download The Application Form

    On the page, scroll down to the heading ‘How to File’. The section contains the link to the Application for Authority. You can also download the Application Form PDF here. The State, however, does not mandate to follow the same application form. You may draft your own form that must contain all optional provisions under the law.

  3. Follow The Instructions

    The application contains instructions mentioned in italics below every blank space. Read all the information carefully before you start filling in the application form.

  4. Certificate of Authority

    The next will be filling up the Certificate of Authority. It is required before you form a Foreign LLC in New York. Download the form and fill it up.

  5. Attach Other Certificates

    You must mandatorily attach the Certificate of Existence, Certificate of Good Standing, or Certificate of Status from the official who maintains your business LLC records in the State of Original jurisdiction where the business LLC was formed.

  6. Make the Payment

    Issue a cheque or money order of $250 as the filing fee for Application of Authority payable to the ‘Department of State’.

  7. Submit the Form

    Arrange all the documents and send them to the following address, Department of State, Division Of Corporations, State Records And Uniform Commercial Code, One Commerce Plaza 99 Washington Ave. Albany, NY 12231-0001.

After Forming New York Foreign LLC

Here are added things you need to accomplish after forming your New York Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in New York. 

How Much Does It Cost to Register a Foreign LLC in New York

To register as a foreign LLC in New York, you can file through mail or in-person by paying a filing fee of $100 to the Department of State Division of Corporations New York.

When you want to establish a foreign LLC in New York, you will have to fill out an Application for Authority. You can download this form electronically from the Secretary of State’s website. In New York, the name of the foreign LLC must be unique and distinct from that of another entity. It will also be necessary to have a New York registered agent to receive certified business mail and service of process.

The process of filing paperwork for foreign LLCs in New York includes filing annual reports and paying a filing fee. After the company is registered, it must file an annual report, known as a Biennial Report, and pay state and federal taxes. The state will tax the foreign LLC as a pass-through entity. That means the profits generated by the business will pass through the entity and be reported on the owners’ personal tax returns. However, if you wish to be taxed as a corporation, you must file additional paperwork with the IRS.

To register a foreign LLC in New York, you must file an Application for Authority (Application for Authorization). This document is the replacement for the Articles of Organization. New York has strict requirements for foreign business entities, and failure to meet them can result in severe penalties and even disqualification. Filing an Application for Authority costs $250. You can file this form electronically or through the mail. This form only needs to be filed once, although you will have to file again if you change the name of your company.

If you want to form a foreign LLC in New York, you must first file your Articles of Organization (Organization) with the Department of State. The fee for filing an LLC in New York is $200. You can do it online or in person, and you must file a Credit Card Authorization form. The Secretary of State website offers a useful tool to calculate the cost of filing a foreign LLC.

When it comes to taxes, you can save on the costs of these forms by filing them online. In addition to filing your Articles of Organization, you must also file the necessary paperwork with the Department of State. You’ll also need to pay a $200 filing fee for the Articles of Organization. These costs vary by state, but most require just one or two hundred dollars. If you don’t want to spend this much on these forms, you can use the free services of a registered agent.

Once you’ve chosen a name for your LLC, you can reserve it for a minimum of 60 days. While a name reservation does not guarantee approval, it may help you in marketing your business. You’ll also have to pay a filing fee to the Department of State and a county. If you’re new to New York, you may also need to pay a name reservation fee.

F.A.Qs

What is a foreign LLC in New York?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in New York.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in New York as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

In Conclusion

Starting a foreign LLC in New York does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.

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