Registering a Foreign LLC in New York (Form DOS-1368)

If you formed your LLC in another state and want to conduct business in New York, you must register as a foreign LLC with the NY Department of State. The filing fee is $250. You will also need to complete the publication requirement. See all LLC types or our formation guide.

When Registration Is Required

Under NY LLC Law Section 802, you must register if your out-of-state LLC is "conducting business" in New York:

• Maintaining an office in NY
• Having employees in NY
• Regular solicitation of NY customers
• Owning or leasing real property in NY
• Having a bank account in NY for business operations

Activities that do NOT require registration (Section 808):

• Maintaining bank accounts
• Isolated transactions
• Holding meetings in NY
• Transacting business in interstate commerce not specifically targeting NY

How to Register — Form DOS-1368

Application for Authority of Foreign LLC:

1. File Form DOS-1368 with the NY Department of State
2. Filing fee: $250
3. Required information:
   • LLC name (must be available in NY; adopt a fictitious name if it conflicts)
   • State of formation and date of formation
   • County in NY where office will be located
   • Secretary of State designated as agent (mandatory, same as domestic LLCs)
   • Address for DOS to forward service of process
   • Latest date of dissolution (if not perpetual)
4. File online via Business Express or by mail

Processing: 5-7 business days online, 2-4 weeks mail.

Publication Requirement for Foreign LLCs

Yes, foreign LLCs must also publish. Within 120 days of filing the Application for Authority, publish in two newspapers for six consecutive weeks — same as domestic LLCs. The county is determined by the county listed on your Application for Authority.

This makes NY foreign LLC registration particularly expensive: $250 filing + $300-$2,000 publication + $50 Certificate of Publication = $600-$2,300+.

Ongoing Obligations

After registration:

• Biennial Statement: $9 every 2 years (same as domestic)
• IT-204-LL: Annual filing fee ($25-$4,500) based on NY-source gross income
• State income tax: Members owe NY tax on NY-source income
• Publication: Must be completed within 120 days of registration

Cost Analysis: Foreign Registration vs. NY Formation

For most businesses operating primarily in NY: Forming directly in NY is cheaper and simpler than maintaining a foreign LLC registration (dual-state compliance).

FAQ

Does a foreign LLC in NY still owe home-state fees?

Yes. You must maintain compliance in both your home state AND New York. This means annual filings and fees in both states, agents for service of process in both states, and potentially tax returns in both states.

What if I should register but have not?

Under Section 808(a), an unregistered foreign LLC cannot bring lawsuits in NY courts. You can still be sued. Fix it by filing Form DOS-1368 and completing publication — your ability to sue is restored upon registration.

Is the publication requirement for foreign LLCs the same as domestic?

Yes. Same process: 2 newspapers, 6 consecutive weeks, in the county listed on your filing. Same Certificate of Publication (DOS-1337, $50). Same 120-day deadline.