You must submit a Foreign Registration Statement with the Utah Division of Corporations and Commercial Code to register your company in Utah (DCCC). The application form may be downloaded on the DCC website. To complete the form, you must supply the same information that you would need to incorporate an LLC in your home state.
A Foreign Profit Corporation is organized and chartered under the laws of another state, government, or country. The Application for Authority for a foreign Utah corporation costs $70 to file.
Filing the Application for Authority
To determine whether your LLC needs to register as a Foreign LLC in Utah, consult a professional familiar with Utah’s regulations. Generally, you should register as a Foreign LLC if your business meets certain criteria or is actively engaged in the state’s commerce.
How to Register a Foreign LLC in Utah:
- Conduct a Name Search
- Appoint a Registered Agent
- Register for tax obligations
- Obtain any required licenses or permits
Corporations that need to apply:
- Having employees in the state
- Long-term business transactions
- Owning or leasing a warehouse, store, or office in Utah
This process is called “Foreign Qualification.” It involves filing an Application for Authority with the Utah Department of Commerce. The filing process could take about 2 business days, plus time for obtaining the certificate of good standing from their home state.
Benefits of registering a foreign LLC in Utah include:
- Expanding your business into a new market
- Enjoying the state’s favorable tax policies
Do I Need to Register in Utah?
You must register with the division if you are carrying on, conducting, or transacting business in Utah under an assumed name. Utah LLCs are required to have a UT registered agent. In summary, you are considered to be “doing business” in Utah and required to foreign qualify if: Your LLC has an established and continuous physical presence in the state, like stores, offices, warehouses, etc.
The term “foreign corporation” refers to a business entity that has its origin outside the state it wishes to operate in. It may refer to domestic corporations that are incorporated in another state or corporations incorporated in a nation other than the United States.
A foreign corporation typically needs a certificate of authority from the secretary of state. This means filing an application for authority, often accompanied by articles of incorporation and a certificate of good standing from their home state.
All states require companies "transacting business" within their borders to register with the state, such registration is called a "foreign registration," making the company a "foreign corporation" within such a state.