Do I Have To Register My Llc In New York If It's In Delaware And I Live In New York?

What does information technology mean to be a "foreign" corporation?
How can I tell if I need Foreign Qualification for my corporation?
Where can I open my business depository financial institution account?

new york aerial view Dear IncNow,

I am the only founder of a Delaware C-Corp startup that is even so in development, living in New York. Do I have to register for strange qualification in New York? I alive in New York and practise it equally a side project from domicile and can't notice an answer. I'chiliad going to open a business organisation account in a NY bank and so I can utilize a corporate credit card.

Beloved Customer,

A Delaware company can be operated from whatever state within the United States. The question is whether yous will need to file with New York every bit a "foreign" company. The answer is it depends on your activities. This is what is typically referred to every bit Foreign Qualification. In this context, "strange" does not mean exterior of the United States, but rather it means outside of the land of germination.

Ask the five questions below. If the reply is "yes" to any of the questions, you typically need to file a New York strange qualification:

Will the legal entity hire and maintain any W-2 Employees?
Volition the legal entity be required to hold special licensing? (eg. Mortgage, Real Manor, or Contractor'southward License)
Volition the legal entity hold whatsoever real property? (i.e. rental property, personal property, or commercial belongings)
Volition the legal entity take a brick-and-mortar location? (i.e. office building, or will a sign be hung somewhere and brandish the company proper noun?)
Will the legal entity be shipping whatsoever product from within the Land?

The types of activities which practice typically non require qualification in another state involve simply selling product or services in a country without employees or an office there. Each state has its own laws on whether your company'due south level of activity is keen enough to accept to go along record. The data about what types of activities require qualification and the forms can be plant on that state's official Segmentation of Corporations website.

In addition to Strange Qualification, your strange visitor may have other filing requirements in the state in which information technology is doing business. New York, for case, requires that a foreign LLCs file a "Biennial Statement" every two years (as the proper noun implies) for a minimal fee of $9. They exercise non crave y'all to list the names of Members or a Manager on this study. You can contact the state Division of Corporations for the state in which you are doing business organization to find out what fees or filings they may require of Foreign corporations and LLCs.

You can open a bank account wherever is almost convenient for you (Delaware does not require you lot to open up i in the state). Each bank has different requirements, and so contact the depository financial institution to see if they crave a Certificate of Authority in order to open an account for a company that has been filed outside that state.

You may also consider advantages of opening a Delaware bank account. This can include additional creditor protection based on a Delaware special exception that protects banking company accounts from zipper by most types of creditors. In one case an account is opened in Delaware, you lot tin use the local branches where you are located for everyday banking and withal accept the protection of Delaware law. If, however, yous open an account in your home state, that land's laws will apply to the bank account.