Delaware LLCs dominate out-of-state registrations in New York

Delaware-formed companies account for nearly two-thirds of foreign LLCs and professional service LLCs registered to do business in New York, according to an analysis of state records. The figures highlight how New York’s publication rules still shape where out-of-state entities register and file.

Why it matters: - Delaware-formed LLCs make up the overwhelming majority of out-of-state LLC registrations in New York, showing how often Delaware entities cross into New York’s filing and publication system. - The data also points to the scale of New York’s publication requirement under Section 802, which can affect foreign LLCs before they operate in the state. - For business owners, the filing record matters because missing the publication step can suspend authority to do business in New York.

What happened: - An analysis of New York Department of State records by LLC Publishers found that 113,670 of 176,065 foreign LLCs and foreign professional service LLCs on file in New York were formed in Delaware as of Sept. 2, 2026. - That equals 64.56% of the foreign LLC and PLLC total on file. - New Jersey ranked second with 12,127 entities, or 6.89%. - Florida followed with 6,511. - Nevada had 3,958. - Connecticut had 3,810. - All other jurisdictions combined accounted for about 20.4%.

The details: - A foreign LLC is an LLC formed under the law of a jurisdiction other than New York. - Section 802 of the New York Limited Liability Company Law requires a foreign LLC to apply to the Department of State for authority before doing business in New York. - The same section requires publication once a week for six successive weeks in two newspapers in the county where the foreign LLC’s office is located. - The state’s application form notes that a foreign LLC is not required to have an actual physical office in New York State. - Section 802 requires the notice to include the jurisdiction and date of formation. - Section 1306 contains a parallel rule for foreign professional service LLCs. - New York’s Active Corporations dataset showed 112,107 Delaware-formed entities among 175,141 foreign LLCs and foreign professional service LLCs in its Sept. 21, 2026 update, or 64.0%. - New York’s All Filings dataset recorded 12,344 applications for authority filed by foreign LLCs and foreign professional service LLCs in 2025, including 7,007 from Delaware-formed companies. - The records also show that “Delaware” can mean Delaware County, New York, on a filing. - Among Delaware-formed LLCs on file, 153 listed Delaware County, New York, as their New York county. - The jurisdiction and county tables, with methodology, are published as a public dataset titled Delaware LLCs Registered to Do Business in New York.

Between the lines: - The data suggests Delaware remains the default formation state for many companies that later register in New York. - The publication rule applies based on where a company is formed, not whether that state has its own publication requirement. - Sandeep Arneja said Delaware LLCs face the same six-week New York publication process as LLCs formed anywhere else. - Arneja also said whether a company is actually doing business in New York is a legal question for an attorney.

What's next: - Companies filing for authority in New York still need to complete the publication process within 120 days or risk suspension of authority. - New York’s records and open-data tables are updated regularly, so the Delaware share may shift over time as new filings are added. - LLC Publishers says it handles newspaper placement, affidavit collection and Certificate of Publication filing for New York LLC notices.

The bottom line: - Delaware dominates the out-of-state LLC footprint in New York, but the state’s publication rules still apply to every foreign LLC that seeks authority to operate there.