A Foreign Limited Liability Company is registering your business in another state that you are conducting your business in, different from the domestic state your business is registered in. There are various reasons why you should form a foreign LLC. You should first know when your business qualifies to be registered as a foreign LLC.
When Does Your Business Qualify for Foreign LLC Registration?
It is important to note that different states have different laws that govern which business operations qualify for a foreign LLC registration. You should, however, contact an attorney from that state to give you a better understanding of the state laws on foreign LLC registration.
Below is what constitutes a foreign business entity in most states
- Having a physical address in the state, such as office, retail shop, or restaurant.
- Having one or more employees from the state.
- Getting substantial income from the state.
- Meeting clients or business partners in the state regularly.
Reasons to Register a Foreign Limited Liability Company.
In the US, different states have unique laws that govern them. A business is registered in the state it was formed, but the moment its business operations get to other states, it opens up the business to lawsuits from other states. Below are a few of the reasons why you should form a foreign LLC.
1.Protect Your Assets.
A Limited Liability Company application in your state of operation will only protect you within but not in other states that your business conducts operations. To protect your assets from legal suits and debts against your company, you must form a foreign LLC. This will ensure that company operations don’t affect your investments.
2.Protect Your Company from Fees and Penalties.
Different states have penalties charged against businesses that operate in the state without proper documentation. These penalties can exceed the amount you will need to register a foreign LLC.
3.Lack of Financial Law Security.
Failing to file a foreign LLC registration will expose you to the foreign state’s laws, and you will have very little law protection from the court. A lawsuit by you against a supplier or anyone in a foreign state might fail because you didn’t have the right to conduct business in that particular state. This might lead to substantial financial losses that are avoidable.
How Do You Register a Foreign LLC?
You are probably wondering how to avoid the penalties and fees associated with LLCs. How do you get your business to qualify to conduct operations in a foreign state legally? The following are steps to follow to form a foreign LLC.
1.Reserve the Company Operations Name.
You are required to carry out a name availability search in a foreign state. If another company in the state does not use your business name, you should reserve it to prevent another company from taking the name as you apply for a foreign LLC.
2.Get a Registered Agent in the State.
It is necessary to quickly appoint a registered agent from the state to receive and forward important court and procedural documents. This will protect you from failing to adhere to court orders in time due to a lack of proper notification and registered agent requirements.
3.Apply for a Certificate of Good Standing in Your Home State.
Most foreign states require you to file with them a certificate of good standing from your home state to ensure that you are a company that is in existence and has met all the requirements for LLCs.
4.File for Qualification Documents.
Once you have cleared all the other steps, you can now apply for a qualification certificate and pay all the necessary fees to get the certification.
You will require an attorney to take you through the journey of registering a foreign LLC and educate you on the laws governing that particular state regarding foreign businesses. A state has different policies regarding what constitutes doing business in that state; hence, it must be updated with the same.
A foreign LLC registration will save you a lot in the long run, so it is vital to apply for one once you start doing business in a foreign state.