Foreign qualification with the Secretary of State in Wisconsin is the process by which a business that was originally formed in another state seeks permission to operate in Wisconsin. This allows the business to legally conduct operations in Wisconsin and ensures compliance with state laws and regulations.
There are 4 different ways to foreign qualify in Wisconsin depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Wisconsin or use Mosey to do it.
Use Mosey to register with the Secretary of State in Wisconsin.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Wisconsin Foreign Qualification for Corporation
Foreign nonprofit entities “transacting business” in Wisconsin must register with the Department of Financial Institutions as a charity by filing a Foreign Non-Stock Corporation Certificate of Authority Application (Form 121). Wisconsin provides a non-exhaustive list of activities that do not constitute “transacting business” in lieu of defining “transacting business.”
Obtain a Certificate of Existence
Wisconsin requires a Certificate of Status (variously called “Certificate of Existence” or “Certificate of Good Standing”) from your home state dated not more than 60 days prior to filing in Wisconsin.
Establish a Registered Agent
You must continually maintain a registered agent in Wisconsin to accept service of process at your principal office in Wisconsin.
Complete an Application for Certificate of Authority
Download and complete the Foreign Non-Stock Corporation Certificate of Authority Application.
Submit Your Registration Materials
Mail your Certificate of Status and completed Application for Certificate of Authority with the filing fee to the Department of Financial Institutions.
Wisconsin Foreign Qualification for LLP
If you are "doing business" in Wisconsin, you are required to register with Wisconsin Department of Financial Institutions by filing a Foreign Registration Statement Limited Liability Partnership (Form 621). In lieu of defining what constitutes as "doing business," the Department of Financial Institutions does provide a list of activities that are exceptions to the registration requirement.
Obtain Certificate of Status
Wisconsin requires a Certificate of Status (also known as a Certificate of Good Standing or Certificate of Existence) from your home state issued within 60 days.
Establish a Registered Agent
Every foreign entity authorized to transact business in Wisconsin is required to continuously maintain a registered office and registered agent in the state (i.e., a domestic or foreign company incorporated in Wisconsin).
Complete Certificate of Authority Application
Complete Foreign Registration Statement Limited Liability Partnership (Form 621).
File Certificate of Authority Application
File your completed Foreign Registration Statement Limited Liability Partnership (Form 621), supporting documents, and filing fee to the Wisconsin Department of Financial Institutions by mail.
Wisconsin Foreign Qualification for LLC
If you are "doing business" in Wisconsin, you are required to register with Wisconsin Department of Financial Institutions by filing a Foreign Limited Liability Company Certificate of Registration (Form 521). In lieu of defining what constitutes as "doing business," the Department of Financial Institutions does provide a list of activities that are exceptions to the registration requirement.
Obtain Certificate of Status
Wisconsin requires a Certificate of Status (also known as a Certificate of Good Standing or Certificate of Existence) from your home state issued within 60 days.
Establish a Registered Agent
Every foreign business authorized to transact business in Wisconsin is required to continuously maintain a registered office and registered agent in the state e.g., a domestic or foreign company incorporated in Wisconsin.
Complete and File Your Certificate of Registration Online
File your Certificate of Registration (Form 521), online with the Wisconsin Department of Financial Institutions.
Wisconsin Foreign Qualification for Corporation
If you are "doing business" in Wisconsin, you are required to register with Wisconsin Department of Financial Institutions by filing a Foreign Business Corporation Certificate of Authority Application (Form 21). In lieu of defining what constitutes as "doing business," the Department of Financial Institutions does provide a list of activities that are exceptions to the registration requirement.
Obtain Certificate of Status
Wisconsin requires a Certificate of Status (also known as a Certificate of Good Standing or Certificate of Existence) from your home state issued within 60 days.
Establish a Registered Agent
Every foreign corporation authorized to transact business in Wisconsin is required to continuously maintain a registered office and registered agent in the state i.e., a domestic or foreign company incorporated in Wisconsin.
Complete Certificate of Authority Application
Complete Foreign Business Corporation Certificate of Authority Application (Form 21).
File Certificate of Authority Application
File your completed Foreign Business Corporation Certificate of Authority Application (Form 21), supporting documents and fee to the Wisconsin Department of Financial Institutions by mail.
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 Wisconsin.
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 Wisconsin.
