Louisiana Foreign Qualification
If your business was formed outside of Louisiana, you will be required by law to take steps to foreign qualify your business in order to operate within the state. This applies to any business that wants to have any kind of physical presence in Louisiana, and understanding the basics is important for any business owner or leader.
What is Foreign Qualification?
Foreign qualification is the process of registering your business to operate in a state other than the one it was formed and exists in. This applies to everything from having a storefront in the state to just having employees working within its borders. Online commerce isn’t applicable, but any kind of physical presence will require that a business be foreign qualified.
Why Does A Company Need Foreign Qualification?
Why You Need To Do It – Any LLC or corporation will have to do it in order to operate a business in any capacity within the state. Failure to do so can bring significant penalties.
When Should You Do It? – Starting as soon as you finalize your decision to foreign qualify is important. You should begin as soon as you can to avoid potential delays. Generally, you will need to receive Louisiana foreign qualification if your company falls under any of the following criteria:
- Has a physical presence in Louisiana
- Buying a property there
- Have remote employees
- Accepts orders in Louisiana
- Owns a bank account in Louisiana
What Happens If Your Entity Does Not Foreign Qualify?
You’ll face fines, fees, and other penalties for failing to qualify. You also won’t be able to bring forth a lawsuit in Louisiana courts and may face tax related fees as well.
Steps To Obtain Foreign Qualification
Businesses must take several steps to receive Louisiana foreign qualification to begin operating their business. These steps include the following.
1. Obtain Certificates – Louisiana requires that you download and complete an Application of Foreign Corporation for Certificate of Authority (for corporations) or an Application of Foreign Limited Liability Company (for LLCs) in Louisiana from the Secretary of State’s website. Additionally, you will also need to present a Certificate of Existence or Good Standing from the state where you formed your business.
2. Collect And Submit Information – The forms will request all the basic info you provided when you formed your business originally.
LLC
- LLC name
- Name and address of person filing document
- A different name you will use in Louisiana if needed
- The original date of formation
- The duration of the LLC, if applicable
- Principal LLC office address in home state
- Principal business establishment in Louisiana
- The registered business address in Louisiana
- Registered agent name and address
- Nature of the business your LLC will conduct in Louisiana
- The names and addresses of the directors and officers
- An authorized signature
Corporation
- Corporation name registered in the home state
- Name and address of person filing document
- Principal office address in home state
- Federal Tax ID Number
- Principal business office address
- Principal business establishment in Louisiana
- The registered business address in Louisiana
- Registered agent name and address
- Nature of the business your company will conduct in Louisiana
- The names and addresses of the directors and officers
- An authorized signature
3. Appoint Registered Agent – Each business must have a registered agent that serves as the contact point between the business and the state. Most businesses choose to use a third party provider like DoMyLLC to serve as their registered agent so they can reduce the level of stress on their shoulders.
4. File The Application – Upon completion of the forms, you’ll submit them along with the state filing fee of $155 for an LLC and $130 for a corporation.
5. Ongoing Maintenance – Louisiana requires businesses to submit an annual report each year in order to stay compliant. The form is due before the anniversary of your business’ initial registration date, and can be completed online or by mail. The fee is $30.
What Is the Difference Between Foreign Qualification And Incorporating?
Incorporation is a process that creates an entirely new business entity. But foreign qualification doesn’t form a new entity and leaves the LLC or corporation as it is – it only provides the ability to operate in a state other than your home state – Louisiana, in this case.
How DoMyLLC Can Assist With Streamlining The Process
Business leaders have a lot on their shoulders. We take the burden of dealing with Louisiana foreign qualification off of you and handle it instead. Our team will do the hard work so you don’t have to, and we offer:
- Dedicated account managers
- Name availability check
- Full filing and registration for businesses
- Unlimited ongoing customer support
If you’re ready to start doing business in Louisiana, we’re ready to help make it happen. Contact us today to get foreign qualified quickly and without stress.
Louisiana Foreign Qualification FAQs
What Paperwork Is Required?
You must submit a Certificate of Existence or Certificate of Good Standing from your home state as well as the required Application of Foreign Corporation for Certificate of Authority (for corporations) or an Application of Foreign Limited Liability Company (for LLCs).
What Fees Are Needed?
Louisiana charges a fee of $155 for an LLC and $130 for a corporation to register as a foreign business.
Who Can File For Foreign Qualification?
Any business that exists outside of Louisiana but that wishes to start operating there in any capacity will need to file for foreign qualification.
Do You Need An Attorney For Foreign Qualification?
No attorneys are required in order to complete the process. It may still be beneficial to consult with a lawyer to ensure that your business remains fully protected.
What Information Is Needed For The Certificate Of Authority?
All basic business information will be requested. This includes things like:
- Business name
- Type of business
- State of formation
- Current mailing and physical address
- Names of members or managers
- Registered agent information
What If My Name Is Not Available?
If your name isn’t available, you’ll need to file under a fictitious one. This has no impact on the name that your business operates under in other states.
Louisiana Business Resources
Louisiana Office of Secretary of State
Phone Number:
(225) 925-4704
Address:
Louisiana Secretary of State
PO Box 94125
Baton Rouge, LA 70804
If you’re interested in more info on foreign qualification, call 888-366-9552.