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.

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. 

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.

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