Foreign qualification with the Secretary of State in Maryland refers to the process by which a business entity formed in another state seeks permission to operate in Maryland. This legal requirement ensures that the business complies with local regulations and can engage in lawful activities within the state.
There are 2 different ways to foreign qualify in Maryland depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Maryland or use Mosey to do it.
Use Mosey to register with the Secretary of State in Maryland.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Maryland Foreign Qualification for LLC
If you are "doing business" in Maryland, you are required to file a Foreign Limited Liability Company Registration form with the State Department of Assessments and Taxation. Maryland provides a list of activities not constituting "doing business."
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Obtain a Certificate of Good Standing
Maryland requires a Certificate of Good Standing (also known as a Certificate of Existence) from your home state issued within 60 days.
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Establish a Resident Agent
You must have a resident agent in Maryland designated to accept service of process. Note: If no agent is named on your Foreign Limited Liability Company Registration form, the State Department of Assessments and Taxation will be appointed as your resident agent by default.
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File Foreign Limited Liability Company Registration Form
Log into your Maryland Business Express account and select "New Business Filing" and "Register a New Business" to file your Foreign Limited Liability Company Registration form.
Maryland Foreign Qualification for C Corporation
If you are "doing business" in Maryland, you are required to file a Foreign Corporation Qualification form with the State Department of Assessments and Taxation. Maryland provides a list of activities not constituting "doing business."
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Obtain a Certificate of Good Standing
Maryland requires a Certificate of Good Standing (also known as a Certificate of Existence) from your home state issued within 60 days.
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Establish a Resident Agent
You must have a resident agent in Maryland designated to accept service of process. Note: If no agent is named on your Foreign Corporation Qualification form, the State Department of Assessments and Taxation will be appointed as your resident agent by default.
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Register a Maryland Business Express Account
Register an account for the Maryland Business Express service. You will use Maryland Business Express to file your Foreign Corporation Qualification form online.
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File Foreign Corporation Qualification Form
Log into your Maryland Business Express account and select "New Business Filing" and "Register a New Business" to file your Foreign Corporation Qualification form.
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 Maryland.
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 Maryland.
