How do we get foreign business qualification new york although the company name is used in NY

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We have a Delaware Corporation with a name ending with ,Inc. We also have a New York LLC with the same name ending with , LLC. We would like to obtain foreign business qualification in NY for our DE corporation but the name is reserved to that LLC. If we change the business name of that LLC, will we be able to immediately to obtain that qualification for the DE corp ?

Attorney Answers

2
Maureen Crush ·
You can change the name of the NY LLC and file the foreign qualification immediately for the DE corporation. In fact, if you use a service company, they can file them one behind the other for you to insure no intervening filers slip in if that is a concern for this business Sent from my Verizon Wireless BlackBerry ---------------------------------------- This email was sent by: , Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.attorneyqna.com/?qs=b9b7dfc0f76e01ff04094d7cc392510bc0231bc2c6cbf9d734a5d7d0a5d3e4a3326789ee50634585 ) ----------------------------------------
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Marisa Corvisiero ·
I agree that your first option is to change the name of the NY LLC, so that you can use the name and qualify the DE Inc in NY. However, this may trigger the publication requirement in NY and this may be costly. Your second option is to request consent from the Secretary of State to use the same name. As the owner of the entity with the same name, this is a viable option. Alternatively, and depending on what you are doing with your entities and your future goals you have a third option, which is to change the type of entity in DE from an Inc to LLC. Since there is no publication requirement in DE this is the cheapest option. But Like I said, this only works if you do not need to keep the two distinct entities to continue to run your business and reach your objectives. If you would like to discuss this further, please feel free to contact me at [email protected] ~Marisa
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