How to move a company out of New York

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The Redomestication Process in a Nutshell

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2. We prepare the legal docs.

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3. We submit the legal filings to the states.

We monitor the status closely, respond to inquiries from their offices, and send you weekly updates.

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1-3 months

4. Approved! ✅

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Did you know? The average business that moves to a state without state-level income tax saves over $12,500 in taxes per year.

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Redomestication, also known as redomiciling, refers to the lesser-known legal process of transferring or moving the "home state" of an existing Corporation, partnership, or LLC, from New York to a new state. It means keeping your existing company name, credit, and federal employer identification number (FEIN) without wasting time and money creating a new business entity, applying for foreign registration, or moving assets between companies.
— Prof. Chad D. Cummings, Esq., CPA

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How to move a company out of New York: the strategic, low-disruption approach

When business owners ask how to move a company out of New York, they are rarely seeking a theoretical discussion. They are seeking a practical, legally valid, and operationally seamless path to relocate the entity’s legal “home state” while protecting the company’s contracts, banking relationships, vendor arrangements, and compliance posture. From the dual perspective of an attorney and a CPA, the core objective is straightforward: change the company’s domicile without creating a new company and without creating unnecessary tax or legal friction.

In most cases, the most effective answer to how to move a company out of New York is redomestication (statutory conversion) as described on how to move a company out of New York through redomestication. Properly executed, redomestication is designed to preserve continuity—meaning the business typically keeps its existing federal employer identification number (FEIN), maintains its existing contracts, and, in most cases, retains the same name—while the “home state” changes from New York to the selected destination state.

Why business owners prioritize moving out of New York

The decision to relocate is often driven by a sober assessment of New York’s tax environment, legal system, and business climate. From a planning perspective, how to move a company out of New York is frequently a question of risk management and cost control: reducing ongoing compliance burdens, limiting exposure to high state and local tax costs where feasible, and positioning the business for more predictable administrative and legal outcomes.

Importantly, relocating does not mean “starting over.” A common misconception is that moving out of New York requires dissolving the existing entity and forming a new one elsewhere. That approach can create avoidable complications, including contract assignment issues, bank re-underwriting, vendor onboarding friction, and potential tax consequences if assets are mishandled. The more disciplined approach is to focus on continuity of the existing entity while changing its domicile through a recognized statutory mechanism.

For owners seeking a structured path, guidance on moving a company out of New York via redomestication provides a clear framework for an orderly transition that is designed to avoid unnecessary operational disruption.

Redomestication (statutory conversion) is typically the best mechanism

Among the available approaches, redomestication is frequently superior because it directly addresses what business owners actually mean when they ask how to move a company out of New York: change the home state while preserving the company’s legal and commercial continuity. Redomestication is not merely “registering elsewhere.” It is a statutory process intended to transfer domicile without dissolving the entity, without creating a new entity, and without requiring a merger structure to accomplish what is essentially a jurisdictional change.

This distinction matters in practice. A foreign registration generally creates ongoing obligations in New York because the business remains a New York entity and merely obtains authority to transact in the new state. That can translate to dual filings, dual fees, and dual administrative exposure. By contrast, redomestication is designed to move the entity’s “home state” so the company may, where appropriate, discontinue New York-level entity maintenance and reduce duplicative compliance.

For decision-makers evaluating best practices on how to move a company out of New York, the primary benefits of redomestication—preserving contracts, maintaining the FEIN, and generally retaining the company name—are not incidental. They are the commercial core of the strategy. Additional information is available at how to move your company out of New York using redomestication.

Preserving contracts and revenue relationships: the benefit owners underestimate

When owners focus on how to move a company out of New York, they often underestimate how frequently contracts restrict assignment or require consent when a counterparty believes the contracting party has changed. A dissolution-and-new-entity approach can inadvertently trigger these provisions, creating delays, renegotiations, and avoidable legal exposure—particularly with enterprise customers, regulated counterparties, lenders, payment processors, and key vendors.

Redomestication is structured to preserve continuity because the company generally remains the same legal entity, simply governed by the laws of the new home state. In practical terms, that is why redomestication often avoids the “contract reset” problem that comes with forming a new company. The result is a relocation strategy aligned with business realities: the company continues to perform, invoice, collect, and operate while the domicile changes through statutory filings.

Owners seeking to protect revenue and reduce transactional friction should view a redomestication-based plan for moving a company out of New York as the option most consistent with continuity of operations and enforceability of existing relationships.

Maintaining the FEIN and avoiding avoidable tax complexity

From the CPA perspective, one of the most important reasons redomestication is often the best answer to how to move a company out of New York is that it typically allows the business to maintain its existing FEIN. That continuity matters because an unnecessary FEIN change can trigger administrative complications across payroll systems, payroll tax accounts, benefits administration, banking documentation, merchant processing, and third-party vendor platforms.

Equally significant is the potential to avoid preventable tax problems that can arise when owners attempt to “move” by creating a new entity and transferring assets or contracts informally. Improper transfers can create unintended taxable events or compliance issues, especially when intellectual property, customer lists, equipment, or receivables are moved without a coherent legal structure. While every fact pattern is different, the disciplined approach is to prioritize a mechanism that minimizes disruptive transfers and preserves the tax identity of the business to the extent intended.

A structured overview of how to move a company out of New York while preserving the FEIN is often the most appropriate starting point before any filings are made or “do-it-yourself” steps are taken.

Keeping the company name and brand equity (in most cases)

Brand equity is frequently a company’s most valuable intangible asset, yet it is commonly overlooked when discussing how to move a company out of New York. A new entity approach can create name-availability problems in the destination state, inconsistencies across licensing and marketing materials, and confusion with vendors, marketplaces, and customers. It can also disrupt years of goodwill and operational infrastructure built around a consistent legal name.

Redomestication is advantageous because, in most cases, the company may continue using the existing name, which helps protect continuity across commercial contracts, websites, invoices, bank records, and customer-facing documentation. This is not a cosmetic issue; it is a governance and risk-management issue that affects enforceability, compliance accuracy, and the company’s ability to operate without interruption.

For owners who have invested substantial time and money in their market position, how to move your company out of New York without sacrificing the brand is a practical consideration that should be evaluated before pursuing less efficient alternatives.

Common misconceptions about relocating a business out of New York

Several misconceptions routinely lead owners into expensive detours. First, many assume that foreign registration in a new state is the same as moving the entity. In reality, foreign registration usually means the company remains a New York entity and may continue to face ongoing New York compliance requirements. Second, some believe dissolution is the cleanest option, when dissolution can be the most disruptive option—particularly if the company has active contracts, employees, licenses, or financing relationships.

Third, owners are sometimes advised to use a merger as an all-purpose solution. Mergers can be appropriate in certain circumstances, but they often introduce additional legal complexity, documentation, and cost that may be unnecessary if the true goal is simply to change domicile. When the facts fit, redomestication is frequently the more direct and economical answer to how to move a company out of New York, because it is designed for precisely that purpose.

Owners can reduce risk by starting with a clear explanation of how to move a company out of New York through the redomestication process and then confirming that the company’s facts align with that approach before taking any irreversible steps.

Procedural and compliance considerations that should be addressed in advance

Even when the objective is clear, how to move a company out of New York should never be treated as a purely administrative exercise. A careful plan should address company governance approvals, member or shareholder consents, and the proper sequence of filings in both jurisdictions. It should also address practical items such as registered agent arrangements, updates to internal company records, and coordination with banking, payroll, and licensing requirements to avoid avoidable disruptions.

Additionally, business owners should be mindful that “moving” the home state does not automatically eliminate tax exposure in any state if the company still has operations, property, employees, or other nexus factors there. The legal domicile is a key piece of the compliance picture, but it is not the only piece. Proper planning requires aligning the company’s operational reality with the intended compliance posture, and avoiding inconsistent facts that could create future disputes.

For companies that have truly relocated operations and intend to discontinue New York as their home state, a professionally managed approach to moving a company out of New York is the most reliable way to ensure filings, records, and follow-through are handled with the rigor the situation requires.

Conclusion: the most defensible way to move a company out of New York

In well-planned circumstances, the best answer to how to move a company out of New York is the method that protects continuity, limits unnecessary complexity, and minimizes operational disruption. Redomestication is often the superior approach because it is designed to transfer the company’s domicile while generally preserving the FEIN, maintaining existing contracts, and allowing the company to retain its name in most cases.

Business owners should not rely on generic advice, internet checklists, or one-size-fits-all workarounds when the stakes include taxes, enforceability of contracts, financing relationships, and regulatory compliance. The cost of doing this incorrectly is frequently measured not only in legal fees, but also in lost time, delayed revenue, and avoidable exposure. For a direct, continuity-focused solution, how to move a company out of New York with redomestication is the appropriate next step.

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Domestication vs. Foreign Registration vs. Merger vs. Dissolution: A Comparison

Domestication is, in many circumstances, far preferable to registering an LLC or corporation as a foreign entity, especially where the LLC or corporation has permanently moved its operations and will not be returning to the prior state in the near future.

Some attorneys, unfortunately, confuse their clients by recommending a foreign entity registration in the new state, or worse, a merger, where a redomestication™ would have accomplished the goals of moving their business to a new state efficiently and effectively.

The top seven benefits of moving your company (LLC, corporation, or partnership) to a new state via redomestication™ to transfer your business include:

1. Maintaining your existing federal employer identification number, eliminating the tax headaches of forming a new company or transferring assets between companies (and inadvertently triggering a hefty tax bill from the IRS) when you move your business to a new state;
2. Keeping your existing business credit history and track record, safeguarding your reputation with clients, vendors, and creditors when moving your LLC or corporation to a new state;
3. Continuing your existing business name (in almost every case), protecting your most important assets when moving your company to a new state: your brand, reputation, and time you have already invested in search engine optimization;
4. Maintaining your existing contracts with customers and vendors because moving your business to a new state via redomestication™ does not create a new company: it maintains your existing company, saving you dozens (or even hundreds) of hours re-writing (and re-negotiating) contracts and changing banks;
5. Eliminating the need to continue paying registration fees and taxes in your prior state (assuming you have discontinued your operations there and have permanently relocated to a new state), potentially saving you tens of thousands of dollars (or more) in state taxes every quarter when you move your business to a new state;
6. Avoiding unnecessary IRS scrutiny because moving your LLC or corporation to a new state via redomestication™ is a tax-free transaction under the Internal Revenue Code; and
7. Reducing the amount of time you spend on administrative filings, saving you untold hours annually, by moving your company to a new state.

Before taking the "penny wise and pound foolish" approach of foreign entity registration or spending countless hours and exorbitant legal fees (and possibly taxes) on a merger or merger-gone-wrong to move your company to a new state, ensure you understand your options.

In most circumstances, redomestication™ (and not a foreign entity registration or costly and complicated merger) is the best route to achieve a change in company domicile to a new state.

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