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Entity

Foreign registration · Form DOS-1361-f-a

West Virginia LLC Foreign Registration in New York

An LLC formed in West Virginia that wants to do business in New York files Form DOS-1361-f-a, with $250 in state fees. New York also wants West Virginia's Certificate of Existence ($10), dated within one year. We file it with the Department of State, Division of Corporations using your West Virginia records and act as your registered agent there for the first year.

West Virginia and New York side by side

West Virginia
formed here
New York
registering here
DocumentWest Virginia Certificate of ExistenceForm DOS-1361-f-a, Application for Authority of a Foreign Limited Liability Company
State fee$10$250 at order
How it is handledWest Virginia: in about 5 to 10 business days, with 24-hour, 2-hour and 1-hour expedite optionsFiled with New York
Paid expedite24-hour $25, same-day $75, 2-hour $150
OfficeWest Virginia Secretary of State, Business & Licensing DivisionNew York Department of State, Division of Corporations
Official pagesos.wv.govdos.ny.gov
Age ruleDated when issuedAccepted if dated within one year
Yearly filingAnnual Report, $26, every yearBiennial Statement, $9, every two years
DueJuly 1 each yearDuring the calendar month in which the Application for Authority was filed, every 2 years
TurnaroundCertificate takes a few daysStandard processing: 7 business days
AgentYour West Virginia agent for service of processOur New York registered agent

From West Virginia to New York, step by step

  1. Order the West Virginia certificate

    The Certificate of Existence ($10) is ordered from West Virginia separately; it is not part of our New York order. With West Virginia taking days and New York counting one year from issue, the order is timed for both.

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

    It lists us as your New York registered agent, next to your West Virginia name and formation date, with the certificate attached. The West Virginia certificate takes days to arrive, so the New York filing waits for it. Once New York approves it, the West Virginia company can do business there.

First-year cost, West Virginia to New York

ItemAmount
State fees, paid at order$250
Certificate of Existence, paid to West Virginia$10
Our service, with a year of New York registered agent service$199
First-year total, West Virginia certificate included$459

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

Will your West Virginia name work for New York?

We search New York's records for West Virginia's name on file before anything is filed.

Your New York agent and the West Virginia one

New York calls it a registered agent; West Virginia says agent for service of process. New York papers come to us; West Virginia's agent is unchanged.

Staying in good standing in West Virginia and New York

West Virginia wants the Annual Report every year ($26); New York wants the Biennial Statement every two years ($9). The new registration does not replace any home-state filing.

LLC or corporation, West Virginia to New York

A corporation formed in West Virginia files Form DOS-1335-f-a with New York ($225 in state fees). After that come West Virginia's Annual Report ($25) and New York's Biennial Statement ($9). See the corporation filing.

The other way: New York into West Virginia

An LLC formed in New York that registers with West Virginia files Form LLF-1 with $151 in state fees, plus the Certificate of Status ($25). See that filing.

Common questions: West Virginia to New York

Does my West Virginia company need to register in New York?

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

How much does it cost to register a West Virginia LLC in New York?

$449 at checkout plus $10 to West Virginia for the Certificate of Existence, $459 in all (checkout is $250 in state fees plus our $199).

Do I need West Virginia's certificate of good standing?

Yes: New York wants West Virginia's Certificate of Existence ($10), 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, plus a few days for West Virginia's certificate before filing. Paid expedite: 24-hour $25, same-day $75.

What are the yearly costs for West Virginia and New York?

Our registered agent renewal ($149 a year), West Virginia's report ($26) and New York's report ($9, every two years).

What if I don't register with New York?

A West Virginia company cannot sue in court there until it registers.

Does New York require a registered agent?

Yes: the West Virginia agent for service of process stays, and ours covers New York for year one.

Can I form a new New York LLC instead?

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

How do I withdraw from New York later?

West Virginia 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 West Virginia's filings.

Official sources

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