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Out-of-state corporations doing business in New York may need a Certificate of Authority. This certificate comes from the New York State Department of State (NYSDOS). Businesses should consult an attorney to learn about legal structures.
Overview. Section 802 of the New York State Limited Liability Company Law requires that within 120 days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in two newspapers a copy of the application for authority or a notice related to the qualification of the LLC.
Steps to Foreign LLC Qualification in New York There is a $250 filing fee. Accompanying the Application must be a Certificate of Existence (or certified Articles of Organization) from the LLC's home state.
The fee for filing the Application for Authority is $225. All fees must be paid by cash, check, money order, MasterCard, Visa or American Express. Checks and money orders should be made payable to the ?Department of State.? Please do not send cash through the mail. All checks over $500 must be certified.
Doing Business As A Foreign Entity The LLC Act of New York requires companies that want to expand their operations in the state to register as a foreign business entity. Among the activities that require this registration are the following: Your company seeks funding from lenders or banks outside of your home state.
Law § 1312(a) (McKinney 1963). See also 1 G. Hornstein, Corporation Law and Practice §§ 290-92 (1959). 4. The statute defines a foreign corporation as "a corporation for profit formed under laws other than the statutes of this state .... " N.Y.
To register a foreign corporation in New York, you must file a New York Application for Authority with the New York Department of State, Division of Corporations. You can submit this document by mail, by fax, or in person. The Application for Authority for a foreign New York corporation costs $225 to file.