Foreign business registrations are common in New York. In order to register an out-of-state company with the New York Department of State one must file an Application for Authority. Our usual case involves registering a Delaware-based company in New York City, although the foreign business can be set up in any jurisdiction.
The Application for Authority sets forth information about the foreign business such as its Registered Agent in the State of New York, the home jurisdiction, date of incorporation, local address, etc.
A foreign business may seek authority to do business in New York for a variety of reasons, such as tax compliance, business compliance, or if they seek to use the New York court system. A Delaware-based business or other foreign business may also be required to obtain authority if it has a significant presence in NY to the extent that the company’s activities are sufficient to subject it to personal jurisdiction and/or New York state taxes. For more information on what activities may be considered “doing business” the NY Department of State has provided an article on their website titled “Doing Business” in New York: An Introduction to Qualification.
If you need assistance registering a Delaware Company in New York (or other foreign business) contact us for a free phone consultation.