What Is Foreign Entity Registration and What Do I Need to Know About It?
Foreign entity registration is confusing for many people at first. This is because, although the term includes the word “foreign,” it does not really have anything to do with conducting business in other countries. If you are considering foreign entity registration for your business, it is important to know exactly what it is, how your business can benefit from it, and what you can expect through the process. Also, you will want to make sure that you are conducting your business legally and have as much protection as possible so you do not risk losing it or causing a lot of damage to your personal finances in the process. This article can help you determine whether or not it is right for your company while also helping you determine if your business is eligible for foreign entity registration explained by Edge Legal.
What Is Foreign Entity Registration?
When you formed your business, you had to do so in a specific state. By going through the process in that state, you are granted the protections provided by the state and are allowed to represent yourself in their jurisdiction. The state in which you chose to form your business is known as your home or domestic state. If you are interested in conducting business in other states and want to have the same types of protection as your home state, then you must register in that specific state to do so. That is where foreign entity registration comes into the picture and it is the way you will ensure that you are legally set up to work in the new state, although your company will still be considered foreign by nature.
Foreign entity registration is the process of registering your business in one state to do business in another state. The only state that your business is not foreign to is the original state you registered your business in. You remain foreign in all other states by virtue of the fact that your business has been formed and complies with the rules of another state. Due to this, it is not a requirement to complete foreign entity registration to do business in another state, but there are benefits of doing so. To determine if you really need to pursue this type of registration, you may need to look at what the definition of “doing business” in another state actually is and if it applies or will apply to your business in the near future. There are many different factors that are taken into account when determining if you need to have a foreign qualification in that state, but there are some basic questions you can answer to make a broad determination:
- Do you have at least one or more employees in another state?
- Do you have a physical presence in another state?
- Do you take orders in another state?
- Do you have a business bank account in another state?
- Does your business own any property or real estate in another state?
- Do you earn revenue in another state?
- Do you pay taxes in another state?
If you answered “yes” to any of these questions, then you are conducting business in a state that is not your home state and you are therefore a foreign business in that state. However, if you are selling products to people in another state but are still conducting business in your home state, then that does not qualify because the business aspect is being completed in your home state. Mailing your merchandise to another state does not automatically equate to doing business there.
What are the General Requirements for Registering?
The requirements for registering are different in every state. You will need to check with the specific state you are looking to register in so you can make sure that you are following proper protocol and providing complete documentation as required. However, most states have a lot of similarities and these are some of the common things you will find. When preparing your paperwork, some of the information you can be prepared to submit includes:
Frequently Asked Questions(FAQ) about Business Outside India