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Entity

Foreign registration · Form DOS-1361-f-a

South Dakota LLC Foreign Registration in New York

New York registers an LLC from South Dakota as a foreign LLC on Form DOS-1361-f-a, with $250 in state fees. New York also wants South Dakota's Certificate of Good Standing/Existence ($20), dated within one year. We file it with the Department of State, Division of Corporations from your South Dakota records, then serve as your registered agent there for year one.

South Dakota vs New York: the paperwork

South Dakota
formed here
New York
registering here
DocumentSouth Dakota Certificate of Good Standing/ExistenceForm DOS-1361-f-a, Application for Authority of a Foreign Limited Liability Company
State fee$20$250 at order
How it is handledSouth Dakota: onlineFiled with New York
Paid expedite24-hour $25, same-day $75, 2-hour $150
OfficeSouth Dakota Secretary of StateNew York Department of State, Division of Corporations
Official pagesosenterprise.sd.govdos.ny.gov
Age ruleDated when issuedAccepted if dated within one year
Yearly filingAnnual Report, $55, every yearBiennial Statement, $9, every two years
DueDuring the entity's anniversary month each yearDuring the calendar month in which the Application for Authority was filed, every 2 years
AgentYour South Dakota registered agentOur New York registered agent

How South Dakota companies register with New York

  1. Order the South Dakota certificate

    The Certificate of Good Standing/Existence ($20) is ordered from South Dakota separately; it is not part of our New York order. New York accepts it within one year of South Dakota's issue date, so it is ordered shortly before filing.

  2. We prepare and file Form DOS-1361-f-a

    It names us as your New York registered agent, with your South Dakota name and formation date and the certificate attached. The South Dakota certificate comes first; then the New York filing goes in. Once New York approves it, the South Dakota company can do business there.

First-year cost, South Dakota to New York

ItemAmount
State fees, paid at order$250
Certificate of Good Standing/Existence, paid to South Dakota$20
Our service, with a year of New York registered agent service$199
First-year total, South Dakota certificate included$469

New York's paid expedite is optional and not in the total.

Will your South Dakota name work for New York?

We check your exact South Dakota name against New York's records before filing.

Agents: New York and South Dakota

South Dakota and New York both call it a registered agent. New York papers come to us; South Dakota's agent is unchanged.

Yearly filings: New York and South Dakota

South Dakota wants the Annual Report every year ($55); New York wants the Biennial Statement every two years ($9). Both states' filings stay current side by side.

LLC or corporation, South Dakota to New York

A corporation formed in South Dakota files Form DOS-1335-f-a with New York ($225 in state fees). After that come South Dakota's Annual Report and New York's Biennial Statement ($9). See the corporation filing.

Registering a New York company in South Dakota

An LLC formed in New York that registers with South Dakota files South Dakota's registration (no form number) with $750 in state fees, plus the Certificate of Status ($25). See that filing.

Questions South Dakota owners ask about New York

Does my South Dakota company need to register in New York?

Yes, once a South Dakota business operates there; New York registers it as a foreign LLC.

How much does it cost to register a South Dakota LLC in New York?

$449 at checkout plus $20 to South Dakota for the Certificate of Good Standing/Existence, $469 in all (checkout is $250 in state fees plus our $199).

Do I need South Dakota's certificate of good standing?

Yes: New York wants it ($20), no more than one year old at filing.

How long does the New York registration take?

New York's standard processing takes 7 business days, once South Dakota's certificate is in hand. Paid expedite: 24-hour $25, same-day $75.

What are the yearly costs for South Dakota and New York?

Our registered agent renewal ($149 a year), South Dakota's report ($55) and New York's report ($9, every two years).

What if I don't register with New York?

A South Dakota company cannot sue in court there until it registers.

Does New York require a registered agent?

Yes: the South Dakota registered agent stays, and ours covers New York for year one.

Can I form a new New York LLC instead?

Yes, but South Dakota keeps the original, so you run two companies: the new one files New York's Biennial Statement ($9), and the original keeps South Dakota's Annual Report.

How do I withdraw from New York later?

South Dakota companies leave by filing a Certificate of Surrender of Authority of a Foreign Limited Liability Company; until then, New York's report stays due alongside South Dakota's filings.

Official sources

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