New York Foreign Qualification

If your LLC or corporation was formed in another state, like Delaware, but you are going to be doing business in New York, you will need to properly register your business there first. This process is called Foreign Qualification, and it involves obtaining a Certificate of Good Standing and filing an Application for Authority in New York.

The definition of “doing business” is generally pretty broad. It can also be different in each state. But in general, you will likely need to register your company in New York if you do any of the following:

• Have a physical location like an office, store, or warehouse in the state.
• Have employees who work in New York.
• Regularly sell products or provide services to customers in New York.

If you’re not sure whether your company is considered to be doing business in New York, the safest bet is to file a Foreign Qualification. States often charge large penalties and fines if businesses do not properly register themselves.

No, you are not required to have a separate Registered Agent in New York. For foreign LLCs and corporations, the New York Department of State automatically accepts legal notices and official mail on your company’s behalf.

However, you must provide a valid mailing address where the Department of State can forward these important documents to you. This can be your main business address or any other reliable address

All foreign Limited Liability Companies (LLCs) must complete the publication requirements after completing their Foreign Qualification. There are several steps involved in this process, including publishing the Application for Authority in two New York newspapers for six weeks and filing a Certificate of Publication with the New York Department of State.

New York law requires this to officially announce your LLC to the public. Here’s what the process involves:

1. Publish a Notice in Two Newspapers

• The notice must run for six weeks in a row.
• One newspaper must be printed daily, and the other must be printed weekly.
• Both newspapers must be from the New York county where your LLC’s main office is located.

2. File a Certificate of Publication

After the notices have been published, you must get proof and file a Certificate of Publication with the New York Department of State.

The entire publication process must be completed within 120 days of your LLC’s official registration date.

This can be a complicated and expensive process. IncNow’s New York Foreign Qualification service covers the Foreign Qualification filing only and does not assist with the publication requirement. We strongly recommend working with a service in New York that specializes in newspaper publications.

An Assumed Name is like a nickname for your business. It’s a name you use in New York that’s different from your company’s official legal name. This is also commonly known as a “DBA” (short for “Doing Business As”).

The main reason you would need an Assumed Name is if your company’s official name is already taken by another business registered in New York.

Because no two businesses can have the same name, New York would require you to choose a different, “assumed” name to use while operating in the state. Our filing process includes a name search to check if your name is available, and we can help you understand the next steps if it’s already in use.