Do I need to Qualify my business?

Question

I have a Delaware LLC company. I live in Minnesota and I take phone calls and manage the office for a technician performing work in NYC. The work comes from all over the US directly to the office in NY. Billing, etc happens in Minnesota.

Am I required to "qualify" my business both in Minnesota and NY state?

Also, I think I need to publish DBA registrations in NYC, do I have to do that in Minnesota?

Answer 1

If you have nexus in the state, you need to be qualified.  Nexus has three parts:  payroll (employees in the state), sales, and property.  Usually, two or more out of the three will require you to establish a presence or "qualify" in that state. If you have employees in MN and NY,  and probably have sales in both states, you will need to become qualified.  In addition, you will probably need to qualify in NYC as well as they have separate filing requirements from NY state.

As far as publication requirements for dba in MN, I do not believe there is a requirement.