The New York Application for Authority (Foreign LLC) is a form filed with the New York Department of State that grants a foreign limited liability company permission to conduct business in the state of New York. The application is necessary for a foreign LLC to legally operate in the state. It is also required for any foreign LLC that has registered to do business in New York in the past but has allowed its registration to lapse. The application must be completed and filed with the New York Department of State along with the applicable filing fees. The application must include the name of the LLC and its registered agent in New York, the address of the LLC’s principal place of business, the name and address of the LLC’s organizer, and a statement that the LLC is formed in accordance with the law of its jurisdiction of organization. Types of New York Application for Authority (Foreign LLC) include the Initial Application for Authority, the Application for Authority to Amend, the Application for Authority to Dissolve, and the Certificate of Cancellation of Authority.
New York Application For Authority (Foreign LLC)
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How do I get a New York certificate of authority? To obtain your New York Certificate of Authority, you will submit an Application for Certificate of Authority, along with required certificates or certified copies from your home state. You will need to appoint a registered agent in order for your filing to be approved.
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.
If an LLC doesn't fulfill the publication requirements, the company's authority to do business in New York can be suspended. The costs of publication vary widely from county to county, ranging from around $300 in some upstate counties to over $1,600 in New York County (Manhattan).
If you don't publish notice of your LLC within 120 days of forming or registering your LLC, New York will suspend your authority to do business in the state. This will make it nearly impossible to secure any business licenses or permits.
A foreign limited liability company may apply for authority to do business in the State of New York by filing an Application for Authority pursuant to Section 802 of the New York State Limited Liability Company Law.
Limited liability companies that fail to comply with the publication requirements within 120 days after their formation or qualification will have their authority to carry on, conduct or transact any business suspended.
In general, you'll need to register as a foreign LLC if you hire employees, open a location, sell services or products, or apply for a professional license in New York.
New York State requires all businesses making taxable sales to register with the NYS Taxation and Finance Department and obtain a Certificate of Authority.