Foreign Qualification

$99+state fees
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Foreign Qualification (in some states referred to as a Certificate of Registration or Certificate of Authority) is the process of registering your corporation or LLC, which is domestic to the state in which it was formed and foreign to all other states, as a foreign entity in the state in which it operates. This is generally required when the corporation or LLC is operating in a different state. 


A company or corporation is often required to undergo the process of Foreign Qualification it wishes to open a business bank account, have employees, or hold assets in a state other than in which it was formed. We can check if foreign qualification is legally required for you.

For example, a Nevada LLC operating in Colorado typically initiates the process of Foreign Qualification in order to maintain the protection of the company under the Nevada General Corporation Law and to be in compliance with all Colorado local and state requirements.


EZ Incorporate can complete the required documents required to Foreign Qualification, or obtain a Certificate of Authority or Certificate of Registration, for you. We can also act as your Registered Agent in any state. As a result, you can deal with one Registered Agent instead of two or more. Every state has its own Foreign Qualification requirements, fees and timelines. Avoid the frustration. Let us handle these details for you for just $99 + state fees.

The state fees vary state by state and also depend on your type of identity. The state fees normally range anywhere from $0 to $250 per state. We will send you an invoice to pay the state fees after we determine them based on your entity type and state.

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When you foreign qualify a business, you register for a Certificate of Authority in the state(s) where your company will do business and pay required state fees. This notifies the state that your company is conducting business within its borders.

Remember: your business will be subject to ongoing reporting and publication requirements, fees and taxes in both your state of incorporation and state of qualification.


If your business expands into new states and you need to foreign qualify, these initial and ongoing fees should be considered a necessary part of doing business.

Once you are registered in a state, you must report and pay state income and sales taxes, as well as abide by state employment tax filings if you have sufficient payroll, property, and sales in the state.


As part of the process, you must also designate a registered agent — a person or company who resides in the state who agrees to accept legal papers on your behalf in the state.

We can serve as your registered agent in any state for $99 per year. You can order this together with the foreign qualification.

Additionally, you may be required to submit a certificate of good standing from your company’s home state. We will contact you if this is the case, and we can also obtain it for you for $49 + state fees.

While different states have different criteria for transacting business, consider the following:

Does your company have a physical presence in the state?
Does your company have employees in the state?
Does your company accept orders in the state?
Does your company have a bank account in the state?

If you answered yes to any of these statements, you will likely need to foreign qualify your business in the state.


If you are currently evaluating whether to incorporate in a state other than one where you are located (your home state) such as Delaware or Nevada, you should consider whether you may need to foreign qualify in your home state. There are many factors used in determining the need to foreign qualify.

Intrastate — must qualify. Your LLC or corporation must qualify to do business in any state where it is engaged in intrastatebusiness. This means that at least part of your business is conducted entirely within that state’s borders. For example, if your business has a warehouse in another state and you sell and ship from that warehouse to customers within that state, you are engaged in intrastate business in that state.

Interstate — do not have to qualify. On the other hand, a state can’t make you qualify or pay taxes in that state if you only engage in interstate business to other states — meaning that all of your business is conducted across state lines. For example, if you sell and ship merchandise from your home state to residents in other states, you are engaged in merely interstate business, which cannot be regulated by other states.

If you’re still not sure if you need to foreign qualify, you may want to get the advice of lawyer.

Since there are additional costs—including initial and ongoing fees from both your state of incorporation and state of qualification—you may wonder if the process is really necessary. But state laws require foreign corporations and LLCs doing business within their borders to foreign qualify, and the consequences of not doing so outweigh the costs.


You may lose access to that state’s court system. For example, if an employee or customer within a state in which you do business sues your company, you can’t defend the lawsuit in that state, because your company is not recognized as a business there.
You may face fines, penalties and back taxes for the time in which your company did business within a state without being foreign qualified there.

An alternative to foreign qualifying is to incorporate your business or form your LLC in the other state(s) in which you plan to do business. The primary difference is that when you incorporate or form your LLC in multiple states, your company becomes domestic in each of those states, thereby creating separate entities. Consider the following in making your decision:


Increased corporate formalities. For corporations, the increase in corporate formalities is a big disadvantage. Corporate formalities include drafting and maintaining bylaws; issuing stock and recording all stock transfers; holding initial and then annual meetings of directors and shareholders; and keeping minutes of all director and shareholder meetings with the corporate records. LLCs do not face the extensive formalities imposed on corporations.


Separate owners and management. When you create a separate corporation in each state, each has its own stock, shareholders, directors, and officers. Even if they are the same people for each, the formalities apply for each domestic corporation, greatly increasing the annual record-keeping requirements.


One company versus separate companies. When you foreign qualify, only one corporation or LLC exists. For corporations, regardless of the number of states in which it foreign qualifies; it needs only one set of bylaws, stock, shareholders, directors, and officers. Record keeping for initial and annual meetings of directors and shareholders happens only once.


Separation of liability between businesses. Forming a new corporation or LLC in each state provides liability separation. For example, if one of your companies is forced into bankruptcy in one state, company assets in the other states typically are not used to pay for the bankrupt business. If you have foreign qualified in each state, only one corporation or LLC exists, so there is no separation of liabilities.

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Foreign Qualification:

The process of registering a company in any other states which is different than the state of formation is known as Foreign Qualification. There are companies who are registered in a state and would like to operate in the other states because of various reasons.

There are a bunch of things that has to be taken care of before a company can move ahead and get the Foreign Qualification for the company. A company that wants to get the foreign qualification must obtain the Certificate of Good Standing from its domestic state. There has to be a registered agent in the state of getting the qualification too for the companies. The state of formation is termed as the domestic state.

There is much similarity in between getting the company registered in the state and getting the foreign qualification whereas companies prefer to get the qualification rather than getting it registered.

Qualifying as a foreign corporation helps the state tax that particular corporation for the transactions it does within that particular state. These taxes may be the additional on top of the taxes to be paid to the domestic state. There are exceptions and different rules and regulations depending on the state of incorporation of the business.

A company formed in Nevada, may do online business and sell millions of products online all over the United States but they do not have to pay the taxes as per the rule of the state in which they are selling goods. They only maintain the taxation as per the rules of Nevada.

We, at EZincorporate.com, help you in getting your business receive the status of Foreign Qualification in the state that you wish to. The fees are very nominal and we also help you in getting the Certificate of Good Standing from your domestic state along with the Registered Agent Service. We are the ones that you can trust with to get the hassle free and the best service that you are looking for.

I just wanted to say that these guys are awesome, and very very professional. I was WOWed with every interaction with customer service.

They resolved every question on the spot. If I knew what I was going to get before the order I would have gladly paid more it was that good.

Kevin Song, Dulcet Fashion Inc.
My business partner and I decided start an LLC with S corporation benefits and did not know the first thing about setting it up. After looking at the paperwork involved we were very unsure about doing it ourselves.

Thankfully we found EZ incorporate early on. They broke down the process into step by step pieces that were easy for us amateurs to understand.

Elmer Ramilo, R&E Electric
This is the most dependable and informative incorporation service out there.

No one else was willing to answer my 20 some questions and walk me through it step by step.

Go with EZ Inc. You’ll know you are in good hands after the first phone call

Henry F., Furealty LLC