New York Foreign Qualification
New York is a state filled with opportunity. Businesses that exist in a different state that wish to operate here will have to take steps to foreign qualify in order to remain fully compliant and legally operate. The process is worth understanding more about for any business leader planning on expanding their operations into New York.
What is Foreign Qualification?
Foreign qualification is nothing more than the process of registering a foreign business to operate within the state of New York. Foreign in this case doesn’t refer to an out of country business, but a business that exists in another state.
Why Does A Company Need Foreign Qualification?
Why You Need To Do It – A corporation or LLC will need to foreign qualify if it wishes to have any kind of physical presence within New York. This includes having a storefront, an office, or just having an employee working within the state in any capacity.
When Should You Do It? – Your business must foreign qualify as soon as possible in order to avoid any delays. Once you decide that you’ll be moving into New York, you’ll want to start the process. Generally, you will need to receive New York foreign qualification if your company falls under any of the following criteria:
- Has a physical presence in New York
- Buying a property there
- Have remote employees
- Accepts orders in New York
- Owns a bank account in New York
What Happens If Your Entity Does Not Foreign Qualify?
Failure to foreign qualify means that you’ll face various fees, fines, and penalties within the state. This can also include back taxes as well as tax related fees. Additionally, your business won’t be able to bring forth lawsuits in any New York court.
Steps To Obtain Foreign Qualification
There are several basic steps that you’ll have to take in order to receive New York foreign qualification for your business. These steps include the following.
1. Obtain Certificates – New York requires that you file the Application for Authority, which is a form you can download directly from the Secretary of State’s website. You will also have to include a Certificate of Existence or Good Standing from the state where you filed your Articles of Organization or Articles of Incorporation.
2. Collect And Submit Information – The form will request a variety of information regarding your business.
- LLC name registered in the home state
- A fictitious name if you cannot use the original
- Name of the home state
- The date of the LLC formation
- The county within New York state in which the office will be located
- Principal office address
- Name and address of the authorized office or agency in the home state
- An authorized signature
- Corporation name registered in the home state
- A fictitious name if the original name is not available
- Name of the home state
- Date of incorporation
- Name of a county in New York where the corporation will conduct its business
- Mailing address
3. Appoint Registered Agent – Your registered agent will handle the process of qualification and compliance for you, receive documents related to compliance from the state, and will also initially receive legal documents if a business is sued. Most businesses will use a third party provider like DoMyLLC to eliminate much of the hard work and stress from their own shoulders.
4. File The Application – Once you complete the application, file it along with the $250 filing fee for an LLC and $225 for a Corporation. There is an aditional fee of $10 to get a certified copy from the state.
5. Ongoing Maintenance – All LLC businesses must also publish all information within your application once each week for six total weeks in two newspapers of the county in New York where the main office will be located. Businesses must also file a biennial report every other year by the last day of their anniversary month. The filing fee for this report is $9.
What Is the Difference Between Foreign Qualification And Incorporating?
With incorporation, a new business is created and begins operations. Foreign qualification doesn’t create a new company. It only registers an LLC or corporation so that it may legally operate in another state.
How DoMyLLC Can Assist With Streamlining The Process
The New York foreign qualification process can be quite involved. We take over for you and handle the entire process, giving you more freedom to focus your energy on other things related to your business. We provide:
- Name availability checks
- Full filing and registration services
- Dedicated account managers
- Ongoing customer support
If you’re thinking of expanding your business into New York, we are here to help make it possible. Contact us today to learn more.
New York Foreign Qualification FAQs
A completed Application for Authority as well as a Certificate of Existence from your home state. If your state doesn’t provide this information, you’ll have to include the articles of organization. You also must publish all of the information included in the application in two newspapers in the New York county your business exists in, each week for 6 weeks.
There is a $250 filing fee for an LLC and $225 for a Corporation.
Any business that operates in another state that wishes to begin operations in New York.
An attorney isn’t required. Businesses may still wish to discuss the process with their lawyers to ensure full compliance and legality.
All basic business information will be requested including:
- Business name
- State of formation
- Type of business
- Physical and mailing address
- Names of members or managers
- Registered agent information
You will have to register under a fictitious name and operate that way. This has no bearing on the name you use in states other than New York.
New York Business Resources:
New York Office of Secretary of State
New York Department of State
99 Washington Ave. 6th Floor
Albany, NY 12231