A corporation formed in New York can sue or be sued in a litigation in New York. N.Y. Business Corp. Law § 202.
Of course, many corporations are formed in other states other than New York. In New York parlance, such corporations are “foreign corporations.”
A foreign corporation must apply for authorization to do business in New York. N.Y. Business Corp. Law § 1301. A foreign corporation may not do business in New York without such authorization.
Moreover, a foreign corporation, not authorized to do business in New York, may not sue another party in New York. N.Y. Business Corp. Law § 1312.
In order to bring a litigation in New York, a pre-existing foreign corporation must obtain authorization to do business in New York and pay all back fees and taxes owed for its existence. Id.
That being said, a foreign corporation not authorized to do business in New York may still be made a defendant in a litigation. Id.
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