Can a corporation not authorized to do business in New York be a party to a New York litigation?

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.

For more information about this article or other issues, please contact us, The Bachman Law Firm PLLC at judith@thebachmanlawfirm.com or 845-639-3210.

Featured Posts
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

The Bachman Law Firm PLLC helps business clients with matters including lawsuits, collections, real estate, contracts, corporate issues, and trademarks and copyrights. With offices in New City, the firm serves clients in New York and New Jersey including those in Manhattan, Bronx, Queens, Brooklyn, and Rockland, Westchester, and Bergen. 

Bachman-Law-Firm-Find-Us-new.png

THE BACHMAN LAW FIRM PLLC

ATTORNEY ADVERTISING DISCLAIMERS AND PRIVACY POLICY

ACCESSIBILITY STATEMENT