Indiana Foreign Qualification
Businesses looking to open a new location or conduct any kind of business in Indiana will have to go through the process of registering for foreign qualification first. Doing so keeps your business fully compliant and ensures that you’re able to achieve the goals you have in mind.
What is Foreign Qualification?
Foreign qualification is the process of registering your business so that it may operate in any capacity in a state other than the one it was formed in. This includes everything from opening a warehouse to opening a storefront to just having salespeople or representatives working out of the state.
Why Does A Company Need Foreign Qualification?
Why You Need To Do It – Any LLC or Corporation will need to foreign qualify because it is required of any business to stay compliant. You registered your business in your home state – foreign qualification is nothing more than an extension of this.
When Should You Do It? – Your LLC or corporation should foreign qualify as soon as you make the decision to conduct business in Indiana. Waiting longer can lead to potential delays, so it’s important to do so as early as you can. Generally, you will need Indiana foreign qualification if your company falls under any of the following criteria:
- Has a physical presence in Indiana
- Buying a property there
- Have remote employees
- Accepts orders in Indiana
- Owns a bank account in Indiana
What Happens If Your Entity Does Not Foreign Qualify?
Failure to foreign qualify means that your business can’t bring any legal action forward in the Indiana court system. It can also bring significant fees and penalties of up to $10,000, something that can cripple a business’ bottom line.
Steps To Obtain Foreign Qualification
There are several steps that must be taken in order to receive Indiana foreign qualification. These include the following.
1. Obtain Certificates – To register for foreign qualification, you’ll have to file what is known as an Application for a Certificate of Authority: Foreign Limited Liability Company or Application for Certificate of Authority: Foreign Professional Corporation. You can download the forms from the website of the Secretary of State. You will also have to provide an original Certificate of Existence or Good Standing from the state where you formed your company.
2. Collect And Submit Information – You’ll have to provide basic info about your business as you complete the form.
LLC
- Name of business
- Email address of business
- Information of person to return the documents to
- Legal name of business
- Alternate name if needed
- Type of business
- Verify the type of LLC
- The date and state of formation
- The principal office street address
- The street address of the registered office in Indiana
- An authorized signature
Corporation
- Name of business
- Email address of business
- Information of person to return the documents to
- Legal name of business
- Alternate name if needed
- Type of business
- Verify if the business is nonprofit or profit
- The date and state of incorporation
- The principal office street address
- The street address of the registered office in Indiana
- An authorized signature
3. Appoint Registered Agent – Every business registering for foreign qualification must name a registered agent as well. This is the individual responsible for handling the basics of foreign qualification including receiving documents from the government. Most businesses will turn to third party providers like DoMyLLC to handle this for them to avoid the hassles and red tape involved.
4. File The Application – Once you complete the basic forms, you’ll file them with the Secretary of State. The filing fee is $107.36.
5. Ongoing Maintenance – Indiana requires businesses to file a biennial report every two years to maintain compliance. The filing fee for these reports is $32 if done online and $50 if done by mail.
What Is the Difference Between Foreign Qualification And Incorporating?
Incorporation forms an entirely new business. Foreign qualification doesn’t create a new company – it merely allows an existing business to begin operations in another state.
How DoMyLLC Can Assist With Streamlining The Process
We understand how complex and confusing it can be to manage a business. That’s why we are here to take the stress and hassle of Indiana foreign qualification off your shoulders. Instead of having to deal with the red tape, let us do it for you. This way, you can focus on other aspects of running your business. Our team offers everything you need including:
- Ongoing unlimited customer support
- Name availability check
- Dedicated account managers
- Full registration and filing for your business
If you’re ready to start doing business in Indiana, we’re ready to help you. Contact us today to learn more.
Indiana Foreign Qualification FAQs
What Paperwork Is Required?
You’ll need to obtain a Certificate of Good Standing from your business’ home state as well as the Foreign Registration Statement.
What Fees Are Needed?
The filing fee for Indiana foreign qualification is $107.36.
Who Can File For Foreign Qualification?
Any business that exists in another state but that wishes to do business in Indiana will be required to file.
Do You Need An Attorney For Foreign Qualification?
No. An attorney is not required, however you may wish to consult with your attorney to ensure you take the right steps for protecting your business.
What Information Is Needed For The Certificate Of Authority?
The form essentially requests the same basic business info you provided when forming your business including things like:
- Name of business
- State of formation
- Current mailing and physical addresses
- Names of members or managers
- Registered agent information
What If My Name Is Not Available?
If your name isn’t available you’ll have to file under a fictitious name. This has no impact on the name you operate under in other states.
Indiana Business Resources
Indiana Office of Secretary of State
Phone:
(317) 232-6576
Address:
Indiana Secretary of State
302 West Washington Street, Room E018
Indianapolis, IN 46204
If you’re interested in more info on foreign qualification, call 888-366-9552.