Foreign qualification with the Secretary of State in Nevada refers to the process by which a business entity formed in another state or country seeks permission to conduct business in Nevada. This legal requirement ensures that the foreign entity complies with local regulations and can operate in Nevada while maintaining its legal status elsewhere.
There are 2 different ways to foreign qualify in Nevada depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Nevada or use Mosey to do it.
Use Mosey to register with the Secretary of State in Nevada.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Nevada Foreign Qualification for LLC
All foreign entities need to register in the state before they commence or "do business" in Nevada. Nevada does not define “doing business” however, it does provide what is not “doing business.”
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Establish a Registered Agent
Every foreign entity doing business in the state must appoint and keep in Nevada a registered agent who resides or is located in Nevada. Note: The registered agent will need to fill out and return to the Secretary of State the Registered Agent Acceptance/Statement of Change form, which is filed alongside the Qualification to do Business form.
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Create a SilverFlume Account
Create a SilverFlume account, Nevada's Business Portal used to register businesses online. You'll receive credentials to log in and complete additional registration requirements with the State of Nevada upon successful account creation.
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Complete Registration Forms
Complete the Registration of Foreign Limited-Liability Company (Form NRS 86.554) application. The application includes two other forms, The Initial List of Officers, Directors and State Business License Application, and the Registered Agent Acceptance form. The Initial List of Officers, Directors and State Business License Application will register your business for a Nevada business license. If you are using a commercial Registered Agent, they can complete the Registered Agent Acceptance form and submit it directly to the Secretary of State.
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File Registration Forms Online
File the Registration of Foreign Limited-Liability Company form and the accompanying Initial List of Officers, Directors and State Business License Application (and Registered Agent Acceptance, if applicable) and pay filing fees online through SilverFlume.
Nevada Foreign Qualification for C Corporation
All foreign entities need to register in the state before they commence or "do business" in Nevada. While New Mexico doesn't explicitly define "transacting business," it does provide a list of activities considered not "transacting business."
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Establish a Registered Agent
Every foreign entity doing business in the state must appoint and keep in Nevada a registered agent who resides or is located in Nevada. Note: The registered agent will need to fill out and return to the Secretary of State the Registered Agent Acceptance/Statement of Change form, which is filed alongside the Qualification to do Business form.
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Create a SilverFlume Account
Create a SilverFlume account, Nevada's Business Portal used to register businesses online. You'll receive credentials to log in and complete additional registration requirements with the State of Nevada upon successful account creation.
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Complete Registration Forms
All foreign corporations seeking to register in Nevada must complete the Qualification to do Business in Nevada (Form NRS 80). The Qualification to do Business form includes two other forms, Initial List of Officers and Directors and State Business License Application (Form 100103) and the Registered Agent Acceptance form. The Initial List of Officers, Directors and State Business License Application will register your business for a Nevada business license. If you are using a commercial Registered Agent they can complete the Registered Agent Acceptance form and submit it directly to the Secretary of State.
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File Registration Forms Online
File the Qualification to do Business form and the accompanying Initial List of Officers, Directors and State Business License Application (and Registered Agent Acceptance if applicable) online through SilverFlume.
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 Nevada.
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 Nevada.
