Updated September 3, 2026. Quick answer: you cannot. New York has no statute letting an out-of-state LLC become a New York LLC while remaining the same legal entity, and none letting a New York LLC leave, either. This was confirmed by reading every article of the NY Limited Liability Company Law that could plausibly hold a jurisdiction-change provision (Formation, Dissolution, Foreign Limited Liability Companies, Mergers, Miscellaneous), and the word ‘domesticat-‘ does not appear anywhere in the Law. The route that does work is a merger under NY LLC Law Article X, §§ 1001-1003.
Why the answer is no
NY LLC Law Article VIII (‘Foreign Limited Liability Companies’, §§ 801-810) only covers a foreign LLC registering or qualifying to transact business in New York; it has no provision converting that foreign LLC into a New York domestic entity. Article X (‘Mergers’, §§ 1001-1007) does use the word ‘conversion’ in §§ 1006-1007, but that provision converts a partnership or limited partnership INTO an LLC within New York, an entity-type conversion, not a jurisdiction change. This was confirmed against the NY Department of State’s own forms and FAQ pages: dos.ny.gov lists only Articles of Organization (and its professional-service counterpart) for LLCs, with no domestication, redomestication, or transfer-of-domicile form, and no FAQ answer on changing an LLC’s state of formation.
The route that does work
Merger into a newly formed LLC in the destination state: inbound, form a new New York LLC and merge the out-of-state LLC into it; outbound, form a new destination-state LLC and merge the New York LLC into it, under NY LLC Law § 1001(b), which lets a domestic LLC merge or consolidate with an entity formed under any other state’s law, with either as the surviving entity. Section 1003 requires a Certificate of Merger or Consolidation filed with the NY Department of State, confirmed at a $60 filing fee per the Department’s own Certificate of Merger page. Rights, contracts and liabilities pass by operation of law, but this is a true merger, not a jurisdiction change of the same entity; the non-surviving party’s separate existence ends. The honest caveat is that the formation date belongs to the surviving entity, and continuity of EIN, bank accounts and counterparty consents depends on IRS and counterparty rules rather than on this statute.
What is commonly published about New York
A published claim (a formation-service/CPA-firm blog post titled ‘NEW YORK LLC DOMESTICATION PROCEDURES: NEW YORK LIMITED LIABILITY COMPANY LAW CHAPTER 34 ARTICLE 13 SECTION 1301’, read only to identify the claim, not cited as a source of law) cites LLC Law Article 13, § 1301 as New York’s LLC domestication provision.
Section 1301 is titled simply ‘Definitions’ and defines terms like ‘foreign professional service limited liability company’ and ‘profession.’ Article XIII as a whole (§§ 1301-1309) governs foreign professional service LLCs registering to practice a licensed profession in New York (registration/qualification, exactly like Article VIII for ordinary foreign LLCs), and contains no domestication mechanism for any entity, professional or not. The cited section has nothing to do with an LLC changing its jurisdiction of formation.
We would rather be the table that says a widely repeated figure is not in the statute than the table that repeats it.
Check both ends of the move, not just the destination
A move needs two things to be true: your destination has to let the entity in, and your current state has to let it out. Nine states have no statutory route out, so an LLC formed in one of them cannot domesticate anywhere, however welcoming the destination is. That is where most published advice goes wrong; it checks one end.
| State you would be leaving | Why there is no route out | What the code offers instead |
|---|---|---|
| Delaware | the statute affirmatively limits it | 6 Del. C. § 18-209 |
| Kentucky | nothing in the code permits it | KRS 275.345 to 275.365 |
| Massachusetts | the statute affirmatively limits it | Mass. Gen. Laws ch. 156C, § 59(b) |
| Missouri | nothing in the code permits it | Mo. Rev. Stat. §§ 347.127 to 347.135 |
| New Mexico | nothing in the code permits it | NMSA 1978 § 53-19-62 |
| New York | nothing in the code permits it | NY LLC Law § 1001(b), certificate of merger under § 1003 |
| South Carolina | the statute affirmatively limits it | S.C. Code Ann. § 33-44-904 |
| Washington | the statute affirmatively limits it | RCW 25.15.416 to 25.15.431 |
| West Virginia | nothing in the code permits it | W. Va. Code § 31B-9-904, articles of merger under § 31B-9-905 |
Delaware is the surprise on that list and it is not a mistake; see the Delaware page. For the other eight, the substitute is a merger, not a dissolution: form the new entity in the destination state and merge the old one into it. Merger produces a surviving entity rather than a continuation, so it is genuinely not the same thing as domestication, but it keeps far more alive than dissolving does.
This page sells nothing and links to no filing service. Moving an LLC is a filing-desk task with a statutory answer, and the answer is either in your two states’ codes or it is not.
The full 51-jurisdiction table is on the domestication states list.
Sources
Every row on this page is statutory text. No formation service, no registered-agent marketing page and no aggregator is cited anywhere in this cluster; those are the only publishers of the competing versions.
- New York: https://www.nysenate.gov/legislation/laws/LLC/1001. Statutory text, read 2026-08-12, independently re-fetched from the same official source and confirmed unchanged, 2026-09-03.