Foreign qualification with the Secretary of State in Oklahoma refers to the process by which a business entity formed in another state seeks permission to operate in Oklahoma. This legal requirement ensures that the business complies with local regulations and can conduct its operations within the state.
There are 2 different ways to foreign qualify in Oklahoma depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Oklahoma or use Mosey to do it.
Use Mosey to register with the Secretary of State in Oklahoma.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Oklahoma Foreign Qualification for LLC
If you are "doing business" in Oklahoma, you are required to file a Certificate of Qualification (Form 0083) with the Secretary of State. Oklahoma provides a list of limited liability company activities not constituting "doing business."
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Obtain Certificate of Good Standing
Obtain Certificate of Good Standing issued in the last 60 days.
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Establish Additional Registered Agent
All foreign businesses are required to maintain the Secretary of State as their registered agent in Oklahoma. However, you can maintain an additional registered agent to accept service of process. The additional registered agent must have a physical address in Oklahoma and must be an individual resident of Oklahoma or a business qualified to do business in Oklahoma.
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File Certificate of Qualification
Visit Oklahoma Secretary of State On-Line Services to file your Certificate of Qualification online.
Oklahoma Foreign Qualification for C Corporation
If you are "doing business" in Oklahoma, you are required to file a Certificate of Qualification (Form 0012) with the Secretary of State. Oklahoma provides a list of activities that are exceptions to the foreign qualification requirement and a list of activities not constituting "doing business." Note: As a foreign corporation registered with the Secretary of State, you will be required to register for franchise tax and pay a registered agent fee annually. Starting with the tax year 2024 and beyond, however, there will be no Oklahoma franchise tax filing requirement and businesses will no longer need to register for the tax. Tax year 2023 is the last year that franchise tax returns will be required to be filed.
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Obtain Certificate of Good Standing
Obtain Certificate of Good Standing issued in the last 60 days.
-
Establish Additional Registered Agent
All foreign businesses are required to maintain the Secretary of State as their registered agent in Oklahoma. However, you can maintain an additional registered agent to accept service of process.The additional registered agent must have a physical address in Oklahoma and must be an individual resident of Oklahoma or a business qualified to do business in Oklahoma.
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File Certificate of Qualification
Visit Oklahoma Secretary of State On-Line Services to file your Certificate of Qualification online.
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 Oklahoma.
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 Oklahoma.
