Foreign qualification with the Secretary of State in Arizona is the process by which a business that was originally formed in another state obtains permission to operate in Arizona. This involves registering with the state and appointing a registered agent to receive legal documents on behalf of the company.
There are 3 different ways to foreign qualify in Arizona depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Arizona or use Mosey to do it.
Use Mosey to register with the Secretary of State in Arizona.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Arizona Foreign Qualification for LLP
Before "doing business" in Arizona, a foreign limited liability partnership must be granted the authority to do so. Arizona does not provide a clear definition of what "doing business" means, but they do outline a list of activities that do not qualify.
Establish a Registered Agent
You must have a registered agent listed with an Arizona address, even if their business is in a different state. A registered agent receives service of process and other legal documents for your business.
Download Statement of Foreign Qualification Form
Download and complete the Statement of Foreign Qualification of a Foreign Limited Liability Partnership Form.
File Statement of Foreign Qualification Form
Mail the completed form and payment to the Arizona Secretary of State.
Publish Statement of Qualification
Within 60 days of approval, you must publish a copy of the filed statement of qualification in a newspaper of general circulation for three consecutive publications. The statement must be published in the county of the limited liability partnership's chief executive office, or if the limited liability partnership's chief executive office is not located in this state, in the county of the limited liability partnership's office in this state, or if none, the county of the limited liability company's statutory agent. If you get an affidavit of publication, you can choose to file it with the Secretary of State.
Arizona Foreign Qualification for LLC
Before "doing business" in Arizona, a foreign limited liability company must be granted the authority to do so. Arizona does not provide a clear definition of what "doing business" means, but they do outline a list of activities that do not qualify.
Register on Arizona's eCorp Website
Make an account on the ecorp.azcc.gov website.
Register a Statutory Agent
File the Statutory Agent Acceptance (Form M002) to register your statutory agent with the Arizona Corporation Commission. During registration an email will be sent to your statutory agent, who must accept within seven days of filing.
Obtain Incorporation Documents
At the time of filing, a foreign limited liability company must also provide a copy of their Articles of Incorporation, any amendments to the Articles of Incorporation, and a certificate of existence or a document of similar import authorized by the Secretary of State. These must be certified copies dated no more than 60 days ago.
File Application for Authority to Transact Business
Log in to the eCorp website and click on "Online Services" followed by "File as a Foreign Entity" to start the online application process for the Authority to Transact Business (Form L025).
Arizona Foreign Qualification for Professional Corporation, Corporation
Before "doing business" in Arizona, a foreign corporation must be granted the authority to do so. Arizona does not provide a clear definition of what "doing business" means, but they do outline a list of activities that do not qualify.
Register on Arizona's eCorp Website
Make an account on the ecorp.azcc.gov website.
File Certificate of Disclosure
Foreign corporations must file Certificate of Disclosure (Form C003). Log in to the eCorp website to complete this step.
Register a Statutory Agent
File the Statutory Agent Acceptance (Form M002) to register your statutory agent with the Arizona Corporation Commission. During registration an email will be sent to your statutory agent, who must accept within seven days of filing.
Obtain Incorporation Documents
At the time of filing, a foreign corporation must also provide a copy of their Articles of Incorporation, any amendments to the Articles of Incorporation, and a certificate of existence or a document of similar import authorized by the Secretary of State. These must be certified copies dated no more than 60 days ago.
File Application for Authority to Transact Business
Log in to the eCorp website and click on "Online Services" followed by "File as a Foreign Entity" to start the online application process for the Authority to Transact Business (Form C018).
Publish Application for Authority
Within 60 days of approval, you must publish a copy of your Application for Authority in an Arizona publication. The specific requirements regarding the publication will be detailed in the application for authority approval letter that the corporation will receive from the Arizona Corporation Commission.
What else do I need to know?
Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.
Maintaining a Registered Agent
Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in Arizona.
Annual Reports and Taxes
In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in Arizona.
