New York Application for Registration of Foreign New York LLC
FOREIGN NEW YORK LLC CERTIFICATE OF AUTHORITY
What does it cost to register a foreign LLC in New York?
$250 for normal processing.
$75 additional for 2 day expedited processing.
$125 additional for same day expedited processing.
$200 additional for 2 hour expedited processing.
How long does it take for the state to process the New York Application for Registration?
Normal Processing: 3-4 business weeks, plus additional time for mailing.
In Person Processing: 2-3 business weeks, unless paying for expedited processing.
Expedited Processing: 2 hour, same day and 24 hour expedited processing is available.
How will I get verification of registration back from New York?
You will receive a filing receipt by mail.
What forms do I file with New York to register my out of state LLC?
The Application for Authority forms, a Certificate of Existence or Good Standing and the filing fee are required.
What do I need from my home state?
A certificate of existence is required. If no such certificate is issued by the jurisdiction of formation, a certified copy of the articles of organization of the limited liability company and all subsequent amendments therefore, or if no articles of organization have been filed, a certified copy of the certificate filed as its organizational base and all amendments thereto is required.
Does it need to be an original copy?
Yes, if filing by mail or in person.
How current does the certificate need to be?
It must be current within one year of filing.
Will I need an New York registered agent for my LLC?
Yes, when you hire Northwest as your registered agent in NY, it’s a flat rate yearly price of $125 a year, you’ll have an online account that tracks your report due dates, which states you are registered in, when your yearly service with us is up, and any documents we receive locally for you are uploaded into your account immediately for complete viewing. If or when you get served with a lawsuit, we can email up to 4 people and your attorney at the same time for real time complete viewing of a lawsuit. You’ll receive annual report reminders. It’s the same price every year, and there are no weird fees or cancellation fees.
You’ll also see all the pre-populated forms and specific filing instructions on the thank you page, in your online account, and they will be emailed to you immediately upon signing up for 1 year of registered agent service.
Does the New York registered agent need to sign the filing?
How can I file the New York Application for Registration?
By mail, fax or in person.
What is the state agency that accepts the out of state registration?
New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue, 6th Floor
Albany, NY 12231
Phone: (518) 473-2492
Fax: (518) 474-1418
Do the signatures on the New York LLC application need to be original?
Yes, if filing by mail or in person.
Who has to sign the foreign LLC filing?
A person authorized to sign on behalf of the LLC must sign the form.
Are there any weird things about registering in New York?
Publication is required within 120 days after the filing of the Application for Authority. A foreign LLC must publish a copy of the Application for Authority or a notice related to the qualification of the foreign LLC for 8 weeks in two newspapers. The newspapers must be within the county in which the LLC is located or designated by the county clerk. After publication is complete, the newspapers will provide Affidavits of Publication to you and you will need to file the Affidavits, the Certificate of Publication form and the filing fee with the New York Department of State.
As your registered agent, Northwest Registered Agent can provide you the cheapest approved sample text to put in the paper to save money, and the cheapest Albany county papers. Northwest Registered Agent is purposely located in Albany county to save our clients publication costs by having cheaper options.
Are there ongoing New York annual report and/or initial reporting requirements?
The NY biennial report for LLCs is due on the last day of the month 2 years after you initially register your business to legally operate in New York.
What about New York taxes?
You will be subject to New York taxes, just like any other New York LLC.
How do I withdraw my business from New York?
If you want to withdraw a business from New York, you will need to file a Certificate of Surrender of Authority.
What are your fees?
You’ll need to have a New York registered agent. We charge $125 a year to act as your registered agent in New York. It’s a flat rate, once a year fee, and includes more than other registered agent services.
We charge a $100 one-time filing service fee if you would like us to obtain the certificates needed from your home state, and register your company in any state you choose. We have offices in every state and can act as your registered agent and make your filings for you in any state. If you would like to register with multiple states at once, we can usually drop our filing service fee down.