Does a Foreign Corporation Doing Business in New York require a Registered Agent?


A Polish Google search that resulted in a click to my blog asks:  "foreign corp doing business in NY requires registered agent"

Here is the belated answer:  Nie

New York law does not require a foreign corporation (i.e. a corporation not organized under the law of New York) that does business in New York to designate
a registered agent to accept legal papers on its behalf.   See New York Business Corporation Law Section 1304.

However, foreign corporations doing business in New York must file an application for authority do business in New York with New York’s Department of State.  As part of the application for authorization to do business in New York, a foreign corporation has to designate the Secretary of State as agent to receive process on its behalf.

For information on the process, what constitutes "doing business in New York" and related questions, read this brochure by the Department of State.

About Imke Ratschko

Imke Ratschko is a New York Attorney helping small businesses, business owners and entrepreneurs with all things "Small Business Law," such as litigation, contracts, business owner disputes, shareholder and operating agreements, sale or purchase of a business, investors, and starting a business. You can reach her at 212.253.1027.


  1. Moe Levine

    what is the foreign corporation is only engaged in interstate or foreign commerce?

  2. I have a Nevada Corporation and was inquiring about doing business in NYS. I have a Building Management LLC. I was told to stay clear of NYS incorporation due to the corporation taxes and personal taxes(no corp,personal, or state tax in NV). If I am a foreign corp doing business in NYS will I pay any taxes in NYS. I appreciate your help. Thank You!