New York Certificate of Authority


What is a New York certificate of authority?

Companies are required to register with the New York Department of State before doing business in New York. Businesses that are incorporated in another state will typically apply for a New York certificate of authority. Doing so registers the business as a foreign entity and eliminates the need to incorporate a new entity.

Operating without a certificate of authority may result in penalties or fines. In addition to the state’s requirements, licensing agencies, banks, and vendors will often request a certificate of authority.

When do I need a certificate of authority?

The most common reasons for applying for a certificate of authority include:

  • Opening an office or physical location within the foreign state
  • Hiring an employee who resides within the state
  • Before beginning a contract or a job in a new state
  • A vendor or bank’s requirements
  • Licensing authority requirements

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. Be sure to follow the state’s instructions carefully, as they can reject a document for the smallest error.

For Foreign Corporations:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Application for Authority

Agency Fee:

$225

Law:

NY Bus Corp L § 1301

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the last year or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.

Fact Checked:1/28/19

For Foreign Limited Liability Companies:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Application for Authority

Agency Fee:

$250

Law:

NY LLC L § 802

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the last year or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.

Fact Checked:1/28/19

For Foreign Nonprofit Corporations:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Application for Authority

Agency Fee:

$135

Law:

NY Not for Profit Corp L § 1301

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the last year or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.

Fact Checked:1/28/19

For Foreign Professional Corporations:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Application for Authority (professional service)

Agency Fee:

$200

Law:

NY Bus Corp L § 1530

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the last year or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.

Fact Checked:1/28/19

For Foreign Limited Partnerships:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Application for Authority

Agency Fee:

$200

Law:

NY Partnership L § 121-902

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the last year or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.

Fact Checked:1/28/19

For Foreign Limited Liability Partnerships:

Agency:New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
Form:

Notice of Registration

Agency Fee:

$250

Law:

NY Partnership L § 121-1502

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the last year or, if your state doesn't issue certificates, a copy of the most recently filed registration or renewal.

Fact Checked:1/28/19

What do I need from my home state?

In order to obtain a New York Certificate of Authority, you must also submit:

  • Limited Liability Company: Certificate of existence or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.
  • Corporation: Certificate of existence or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.
  • Nonprofit Corporation: Certificate of existence or, if your state doesn't issue certificates, a certified copy of your articles of incorporation and amendments.

What is a registered agent?

A registered agent receives service of process and government notices on behalf of your business. When you prepare your New York Certificate of Authority application, you must list a registered agent with a physical address within the state (P.O. Boxes are not allowed).

Many businesses do not have an individual or physical address in a new state. Listing our local registered agent address on your certificate of authority application meets the state’s requirements. Additionally, you get same day document scanning from our local office in all 50 states and DC. Our registered agent service is a flat rate of $99 per year, and you can easily add our service to any certificate of authority order.


What is the contact information for the state?

New York Department of State - Division of Corporations, State Records and Uniform Commercial Code
99 Washington Avenue 6th floor
Albany, NY 12231
Phone: 518-473-2492
Fax: Information unit 518-473-1654 or Document review
http://www.dos.ny.gov/corps/
Email: corporations@dos.ny.gov

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