Foreign qualification with the Secretary of State in Utah is the process by which a business entity that was originally formed in another state obtains the authority to do business in Utah. This involves registering with the Secretary of State and fulfilling any additional requirements necessary to operate legally in the state.
There are 4 different ways to foreign qualify in Utah depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Utah or use Mosey to do it.
Use Mosey to register with the Secretary of State in Utah.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Utah Foreign Qualification for Corporation
Foreign nonprofit corporations “doing business” in Utah must register with the Department of Commerce’s Division of Corporations and Commercial Code by filing an Application for Authority to Conduct Affairs for a Foreign Corporation. Utah provides a non-exhaustive list of activities that constitute not “doing business” in lieu of defining “doing business” and enumerates transactions that do not constitute “doing business” specifically for nonprofits. The filing fee is $30. Applications can be submitted electronically or by mail.
Establish a Registered Agent
You must have a registered agent in Utah designated to accept service of process. Your resident agent must have a Utah street address and can be any Utah resident or a corporation qualified to do business in Utah.
Obtain a Certificate of Good Standing
Utah requires a Certificate of Good Standing (also known as a Certificate of Existence) from your home state issued within 90 days.
Create a Utah ID
A Utah ID is required to access Utah OneStop Business Registration. If you do not already have one, visit the OneStop Business Registration website and select “Create your Utah ID” to create a Utah ID.
File Your Registration
Log in to OneStop Business Registration with your Utah ID account to complete your application and file your registration materials.
Utah Foreign Qualification for LLP
Foreign limited liability partnerships "doing business" in Utah must register with the Utah Department of Commerce Divisions of Corporations and Commercial Code. Utah, like most states, provides a list of activities considered not "doing business" instead of defining "doing business."
Establish a Registered Agent
You must register an agent (commercial or noncommercial) in Utah to accept service of process. Your agent must have a Utah street address. It can be a person resident of Utah or a business entity registered with the Division of Corporations and in good standing.
Create a Utah ID
A Utah ID is required to access Utah OneStop Business Registration. Create a Utah ID if you don't already have one.
Register as a Foreign Limited Liability Partnership Online
Log in to OneStop Business Registration with your Utah ID account and file a registration as a foreign limited liability partnership.
Utah Foreign Qualification for LLC
Foreign limited liability companies "doing business" in Utah must register with the Utah Department of Commerce Divisions of Corporations and Commercial Code. Utah, like most states, provides a list of activities considered not "doing business" instead of defining "doing business."
Establish a Registered Agent
You must register an agent (commercial or noncommercial) in Utah to accept service of process. Your agent must have a Utah street address. It can be a person resident of Utah or a business entity registered with the Division of Corporations and in good standing.
Create a Utah ID
A Utah ID is required to access Utah OneStop Business Registration. Create a Utah ID if you don't already have one.
Register as a Foreign Limited Liability Company Online
Log in to OneStop Business Registration with your Utah ID account and file a registration as a foreign limited liability company.
Utah Foreign Qualification for Professional Corporation, Corporation
Foreign corporations "doing business" in Utah must register with the Utah Department of Commerce Divisions of Corporations and Commercial Code. Utah, like most states, provides a list of activities considered not "doing business" in lieu of defining "doing business."
Establish a Registered Agent
You must have a registered agent in Utah designated to accept service of process. Your resident agent must have a Utah street address. It can be any Utah resident or a corporation qualified to do business in Utah.
Obtain a Certificate of Good Standing
Utah requires a Certificate of Good Standing (also known as a Certificate of Existence) from your home state issued within 90 days.
Create a Utah ID
A Utah ID is required to access Utah OneStop Business Registration. Create a Utah ID if you don't already have one.
Register as a Foreign Profit Corporation
Log in to OneStop Business Registration with your Utah ID account and file a registration as a Foreign Profit Corporation.
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 Utah.
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 Utah.
