Can I operate in New York with an out-of-state LLC?
Yes, you can operate in New York with an out-of-state LLC by registering as a foreign LLC. File an Application for Authority with the New York Department of State, pay a $250 registration fee, and submit a Certificate of Good Standing from your home state. Once registered, file annual reports ($9 annually) to maintain compliance.
Registration Requirements
File an Application for Authority with the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code under N.Y. Ltd. Liab. Co. Law §§ 301–302. Submit your application online at https://filing.dos.ny.gov/ or mail it to One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
The registration fee is $250 (non-refundable). You must include a current Certificate of Good Standing from your LLC's home state, proving your entity is in good standing where it was formed. Obtain this document from your state's Secretary of State office before filing.
Verify your registration status using the business search tool at https://apps.dos.ny.gov/publicInquiry/.
Registered Agent
New York does not require you to maintain a registered agent. Under N.Y. Ltd. Liab. Co. Law §§ 301–302, the New York Secretary of State automatically serves as your statutory agent for service of process. You may optionally designate an additional registered agent with a New York address at no additional cost during registration.
Annual Compliance
File an annual report each year with a $9 fee to maintain your registration. Failure to file results in administrative dissolution and loss of authority to conduct business in New York.
If you later cease operations in New York, file a withdrawal application for a $60 fee to formally terminate your registration.
Contact Information
New York Department of State
- Phone: (518) 473-2492
- Website: https://dos.ny.gov/
- Address: One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
- Online Filing: https://filing.dos.ny.gov/
This is general information, not legal advice.