Delaware LLC New York: DOS-1361-f-a Documents & Addresses
The Short Answer
One form, five fields, five different addresses — and filers routinely mix them up, because every field on DOS-1361-f-a (Rev. 12/22) looks the same on the page.
Items THIRD, FOURTH, and FIFTH each ask for something that reads like "an address," but each one serves a completely different statutory purpose: one drives your New York county — and therefore your newspapers and your price. One is where the state mails you a lawsuit. One describes your LLC back in its home jurisdiction. Item SEVENTH names the official who holds your original paperwork. And a fifth, related field is optional under the law but doesn't appear on the form at all. This page untangles all five, field by field, with the statute and the form's own language behind each one.
Every foreign LLC that registers to do business in New York — Delaware-formed or not — files this same Application for Authority under Section 802 of the NY LLC Law, then publishes notice in two newspapers designated by its New York county's clerk, once a week for six consecutive weeks, and files a Certificate of Publication with the Department of State within 120 days of the application being filed.
This page assumes that filing is already accepted, or already in front of you, and focuses only on what its address and document fields actually mean. For the full statute, the seven-step process, and what happens if you miss the deadline, see our foreign LLC publication guide; for how Delaware specifically fits into all of this, see the Delaware LLC publication hub.
Who Files This Form
As of September 2026. Full dataset and methodology →
The Five Fields at a Glance
Before the detail, here's the map. Each row is one field on the Application for Authority, the statute section that requires it, and what it actually asks for — verified against both the statute text and the DOS-1361-f-a form itself, not re-derived from either alone:
| Statute | Form item | What it is |
|---|---|---|
| §802(a)(3) | THIRD | Your NY county of office — drives newspapers and cost |
| §802(a)(4) | FOURTH | Secretary of State process-mailing address, plus an optional e-service email |
| §802(a)(5) | not on the form | Optional NY registered agent — real law; the form's own Note 1 says it omits optional provisions |
| §802(a)(6) | FIFTH | Home-jurisdiction office or principal office — a two-checkbox either/or |
| §802(a)(8) | SEVENTH | The officer in your home jurisdiction holding your Articles of Organization, and their address |
| §802(b)(i)(7) | — | The same two-branch FIFTH address, again, as it must appear in your published newspaper notice |
Item THIRD already has its own dedicated guide, because "which county" is a big enough question on its own — see finding your county and exact price. This page covers the other four: FOURTH, FIFTH, the registered-agent option that sits beside FIFTH in the statute but not on the page, and SEVENTH — plus the attachments and fee every filing needs regardless of which boxes get checked.
Item FOURTH: The Secretary of State's Mailing Address
Item FOURTH doesn't ask you to choose anything — New York designates the Secretary of State as your LLC's agent for service of process automatically, by operation of §802(a)(4). What you supply is where the state should send that paperwork if it's ever needed: a mailing address for physical copies, and, optionally, an email address for electronic notice that service occurred.
Item FOURTH — DOS-1361-f-a (Rev. 12/22), verbatim
"The Secretary of State is designated as agent of the foreign limited liability company upon whom process against the foreign limited liability company may be served. The post office address to which the Secretary of State shall mail a copy of any process against the foreign limited liability company served upon the Secretary of State by personal delivery is: ___. (Optional) The email address to which the Secretary of State shall email a notice of the fact that process against the foreign limited liability company has been served electronically upon the Secretary of State is: ___."
Two things distinguish this field from the others on the form. First, the statute lets this address sit "within or without this state" — it doesn't have to be in New York at all, which is why it's common to see a professional registered-agent or mail-forwarding service's address here rather than the LLC's own. Second, it has nothing to do with your New York county on item THIRD or your home-jurisdiction address on item FIFTH below — three different lines, three different purposes, even though all three read as "an address" at a glance.
Item FIFTH: The Either/Or That Isn't Always a Home-State Address
Item FIFTH is the field most often assumed to be simple — "put your home-state address here" — and it's the one place on the form structured as an explicit either/or, not a single blank.
Item FIFTH — DOS-1361-f-a (Rev. 12/22), verbatim
"(Check and complete the statement that applies) ☐ The foreign limited liability company is required to maintain an office in the jurisdiction of its formation. The address of its office is: ___. ☐ The foreign limited liability company is not required to maintain an office in the jurisdiction of its formation. The address of the principal office of the foreign limited liability company is: ___."
§802(a)(6) — the statute behind this item — asks for "the address of the office required to be maintained in the jurisdiction of its formation by the laws of that jurisdiction or, if not so required, of the principal office of the foreign limited liability company."
Read closely, that's not one question with one kind of answer. It's a branch: check the first box only if your home jurisdiction's own law requires you to maintain an office there. If it doesn't, you check the second box instead, and the address you list is your principal office — which the statute doesn't confine to your home state. It can be anywhere, New York included.
A foreign LLC's "home-state address" on item FIFTH is not always a home-state address — it's whichever office the home jurisdiction's own law actually requires, or the LLC's principal office if that jurisdiction requires none.
A fact about Delaware, not a universal rule
Delaware LLCs are formed under 6 Del. C. § 18-104, which requires every Delaware LLC to continuously maintain a registered office and registered agent in Delaware. That's why a Delaware-formed LLC normally checks the first FIFTH box and lists that Delaware address — it's a fact about Delaware's own law. It is not how every jurisdiction works. A state or country that imposes no in-state-office requirement on its LLCs sends its filers to the second box instead, and their address on file is a principal office that may sit anywhere.
Item FIFTH also isn't the end of that address's job. Under §802(b)(i)(7), the same two-branch address has to appear again, in the notice your LLC actually publishes in the two designated newspapers — one of the reasons a foreign LLC's Notice of Qualification runs longer, and costs more, than a domestic LLC's Notice of Formation.
(That's what the $500 foreign-LLC add-on covers; see the Delaware hub for the full breakdown.) Getting item FIFTH right isn't just a filing detail — it's the address your public notice will carry.
The New York Registered Agent Option That Isn't on This Form
§802(a)(5) of the NY LLC Law lets a foreign LLC additionally designate a registered agent within New York — a name and address the statute lists right alongside the Secretary of State designation in item FOURTH. Look for a field for it on DOS-1361-f-a, though, and there isn't one. That's not an oversight in this guide — the state's own form says so:
Note 1 — DOS-1361-f-a (Rev. 12/22), verbatim
"This form was prepared by the New York State Department of State for filing an application for authority for a foreign limited liability company to conduct business in New York State. It does not contain all optional provisions under the law. You are not required to use this form. You may draft your own form or use forms available at legal supply stores."
Two facts sit side by side here without contradicting each other: an in-state registered agent is real, optional law under §802(a)(5), and the Department of State's own standard form simply doesn't carry a line for it. Neither fact cancels the other. Whether naming one serves your LLC is a decision about your own filing — this page describes what the option is under the statute, not whether to exercise it.
Item SEVENTH: Where Your Articles of Organization Live
Item SEVENTH asks for something item FOURTH and FIFTH don't touch: not an address for your LLC, but the name and address of the official in your home jurisdiction who holds your original formation paperwork.
Item SEVENTH — DOS-1361-f-a (Rev. 12/22), verbatim
"The Articles of Organization of the foreign limited liability company were filed with the following officer in the jurisdiction of its formation: Officer (e.g. "Secretary of State"): ___. The address of the officer is: ___."
For a Delaware LLC, that officer is the Delaware Division of Corporations, part of the Delaware Secretary of State's office in Dover, Delaware — the same office that issues the Certificate of Existence covered below.
§802(a)(8), the statute behind this item, also contemplates jurisdictions that don't publicly file Articles of Organization at all — in that case, the statute allows a statement that the LLC will provide a copy on request instead of an officer's address. Delaware does require public filing, so that alternate branch doesn't apply to a Delaware LLC, and the form itself doesn't provide a separate line for it either way.
The Attachments and the Filing Fee
Three mechanical requirements travel with every Application for Authority, regardless of which boxes get checked above — and they're the details filers most often miss, because none of them are "fields" to fill in.
Notes 2, 3, and 5 — DOS-1361-f-a (Rev. 12/22), verbatim
"Attach a Certificate of Existence, Certificate of Good Standing or Certificate of Status from the official who files and maintains limited liability company records in the jurisdiction of the foreign limited liability company's formation."
"The name of the foreign limited liability company and its date of formation provided on this document must exactly match the name of the foreign limited liability company and, if applicable, the date of formation stated in the Certificate of Existence, Certificate of Good Standing or Certificate of Status."
"The application for authority must be submitted with a $250 filing fee made payable to the Department of State."
- A Delaware Certificate of Existence or Good Standing is a required attachment — it comes from the same Delaware Division of Corporations named on item SEVENTH.
- The name and formation date have to match exactly. The LLC's name and formation date as stated on the Application for Authority, and as stated on the Certificate, must match word for word and digit for digit — a mismatched abbreviation or a transposed date is enough to trip the exact-match requirement.
- The filing fee is $250, set by statute and payable to the New York Department of State — separate from any publication cost, and paid once, when the Application for Authority itself is filed.
One more field worth knowing about while these attachments are in view: item FIRST includes a fictitious name line, used only if your LLC's true name isn't acceptable for authorization under §204 of the NY LLC Law — typically because the name is already in use in New York. If that line applies to your filing, the fictitious name itself must still contain "Limited Liability Company," "LLC," or "L.L.C."
More in This Series
This guide untangles the form's fields and attachments. Three more guides cover the rest:
- Delaware LLC publication in New York — the hub: why forming in Delaware doesn't exempt you, and the full picture of Delaware LLCs in New York
- County and exact price — find the county already on item THIRD of your filing and get a firm number
- The 120-day deadline and how to cure a miss — compute your real deadline and understand what suspension does and doesn't mean
- Foreign LLC publication guide — the general §802 statute, process, and requirements pillar
How LLC Publishers Helps
Reading the form correctly is only the first step. We handle the entire publication process for one flat price — your county's base rate of $395–$1,795, plus the $500 foreign-LLC add-on every out-of-state LLC pays — including the county clerk's newspaper research, both ad placements, affidavit collection, and filing your Certificate of Publication with the NY Department of State.
You provide: your accepted Application for Authority and payment. We deliver: your completed Certificate of Publication, both affidavits, and confirmation that your publication filing has been submitted to the NY Department of State.
Get started today | View pricing
Form's filed. Let us handle publication.
One flat price — $395–$1,795 by county, plus the $500 foreign-LLC add-on. Money-back guarantee.
Get StartedFAQ: Delaware LLC Documents and Addresses
What is item FOURTH on the Application for Authority?
It's the mailing address (and optional email) where the New York Secretary of State sends a copy of any lawsuit served on your LLC through the state, under §802(a)(4). New York automatically designates the Secretary of State as your agent for service of process — item FOURTH just tells the state where to forward it. That address can be inside or outside New York.
What is item FIFTH, and which box do Delaware LLCs check?
Item FIFTH asks for the address your home jurisdiction's law requires you to maintain (first box), or, if your home jurisdiction requires no office at all, your principal office instead (second box). Delaware law requires every Delaware LLC to maintain a registered office in Delaware, so Delaware-formed LLCs normally check the first box and list that address — but that's a fact about Delaware specifically, not a rule for every foreign LLC.
Is a New York registered agent required for a foreign LLC?
New York's mandatory requirement is the Secretary of State designation on item FOURTH — that applies to every foreign LLC automatically. A separate, additional in-state registered agent is optional under §802(a)(5) and isn't a field on the standard DOS form. Whether naming one makes sense for your LLC is a decision about your own filing; if you're unsure, a business attorney familiar with New York law can advise on your specific situation.
What is item SEVENTH on the Application for Authority?
It names the officer in your home jurisdiction who holds your original Articles of Organization — for a Delaware LLC, that's the Delaware Division of Corporations — and that officer's address. It's a statement about where your formation paperwork lives, not an address for your LLC itself.
What do I need to attach to a Delaware LLC's Application for Authority?
A Certificate of Existence, Good Standing, or Status from the Delaware Division of Corporations. Your LLC's name and formation date on the Application for Authority must exactly match what's stated on that certificate — a mismatched abbreviation or date is enough to trip the requirement.
How much does it cost to file the Application for Authority itself?
$250, payable to the New York Department of State — a state filing fee, separate from and paid before any publication cost. Publication itself runs a different price depending on your New York county; see the county and exact price guide for that number.
Which item determines my New York county and publication cost?
Item THIRD, under §802(a)(3) — not any of the fields covered on this page. See the dedicated guide to find the county already on your filing and its exact price.
Key Takeaways
- DOS-1361-f-a asks for several different "addresses," and they're not interchangeable. Item FOURTH is where the state mails a lawsuit; item FIFTH describes your home-jurisdiction office (or principal office); item SEVENTH names the official holding your Articles of Organization. Item THIRD — your New York county — has its own dedicated guide.
- Item FIFTH is an either/or, and the first branch isn't universal. It's the office your home jurisdiction's law requires, or your principal office if it requires none. Delaware requires a registered office under 6 Del. C. § 18-104, so Delaware LLCs are normally the first branch — as a fact about Delaware, not a universal rule.
- §802(a)(5)'s optional New York registered agent is real law with no field on the DOS form. The form's own Note 1 says it "does not contain all optional provisions under the law."
- Attachments matter as much as the fields. A Delaware Certificate of Existence/Good Standing must be attached, and your LLC's name and formation date must exactly match it.
- The filing fee is $250, payable to the NY Department of State — separate from, and paid before, publication cost.
- We don't advise on which boxes to check or whether to add a registered agent — that's a decision for you and your own counsel. This page explains what each field means, not what to put in it.
- LLC Publishers handles the entire publication process for a flat $395–$1,795 by county, plus the $500 foreign-LLC add-on. View pricing →
Ready to hand off your Delaware LLC's New York publication? Contact us to get started, or see the county and exact price guide for your number first.