The New York Certificate of Withdrawal (Foreign LLP) is a certificate issued by the New York Department of State that indicates the withdrawal of a foreign limited liability partnership (LLP) from the state. This certificate is needed when a foreign LLP wants to withdraw from the state and end its authority to do business in New York. There are two types of New York Certificate of Withdrawal (Foreign LLP): the Certificate of Withdrawal and the Certificate of Cancellation. The Certificate of Withdrawal is issued when the foreign LLP wants to withdraw from the state and end its authority to do business in New York. The Certificate of Cancellation is issued when the foreign LLP has been administratively dissolved or cancelled by the New York Department of State. Both forms must be completed and filed with the New York Department of State to complete the withdrawal of the foreign LLP from the state.
New York Certificate of Withdrawal (Foreign LLP)
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If your foreign LLC is currently in good standing and will remain in existence in its home state, you provide the completed Certificate of Surrender of Authority form to the New York Department of State by mail, fax or in person, along with the filing fee.
Section 802 of the New York State Limited Liability Company Law requires that within 120 days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in two newspapers a copy of the application for authority or a notice related to the qualification of the LLC.
Limited liability companies that fail to comply with the publication requirements within 120 days after their formation or qualification will have their authority to carry on, conduct or transact any business suspended.
The registered agent or addressee for service of process of a New York registered foreign limited liability partnership may change his or her own address on file with the New York Department of State by filing a Certificate of Change pursuant to Section 121-1502(i-1) of the New York State Partnership Law.
If an LLC doesn't fulfill the publication requirements, the company's authority to do business in New York can be suspended. The costs of publication vary widely from county to county, ranging from around $300 in some upstate counties to over $1,600 in New York County (Manhattan).
In general, you'll need to register as a foreign LLC if you hire employees, open a location, sell services or products, or apply for a professional license in New York.
If you don't publish notice of your LLC within 120 days of forming or registering your LLC, New York will suspend your authority to do business in the state. This will make it nearly impossible to secure any business licenses or permits.