Nevada Foreign Qualification

With boundless business potential just waiting to be tapped, Nevada is a state that many businesses end up considering branching out into. But if you’re based in another state, you’ll have to foreign qualify in order to conduct any kind of business operations within Nevada.

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What is Foreign Qualification?

Foreign qualification is the process of registering your business so it can legally operate in another state. Any business that exists outside of Nevada is considered ‘foreign’ by Nevada’s government. Foreign qualification gives you the legal right to have a physical business presence within the state.

Why Does A Company Need Foreign Qualification?

Why You Need To Do It – If your business wants to have any kind of physical presence in Nevada, it will have to foreign qualify. This includes having representatives in the state, opening a new storefront, or anything else related to your business.

When Should You Do It? – The sooner a company begins the process the better. Once you decide that you’ll be branching out into Nevada, you’ll want to start registration to avoid any potential delays. Generally, you will need to receive Nevada foreign qualification if your company falls under any of the following criteria:

  • Has a physical presence in Nevada
  • Buying a property there
  • Have remote employees
  • Accepts orders in Nevada
  • Owns a bank account in Nevada

What Happens If Your Entity Does Not Foreign Qualify?

If you fail to foreign qualify, you may face various penalties and fees. Fines can reach between $1,000 and $10,000 along with potential back taxes and tax related penalties. You will also be unable to bring forth a lawsuit within the state in any way.

Steps To Obtain Foreign Qualification

There are several steps that you’ll have to take in order to obtain your Nebraska foreign qualification. These include the following.

1. Obtain Certificates – The state requires LLCs to file an Application for Registration of Foreign Limited Liability Company. Meanwhile, corporations must file the Qualification to Do Business In Nevada form. Additionally, you will have to include a signed consent form from your registered agent. Corporations should also submit a Certificate of Existence and a certified copy of the Articles, including all amendments.

2. Collect And Submit Information – The form will request basic information related to your business.

LLC

  • LLC name
  • An alternate name if someone is already using your original name in Nevada
  • Indication if it is a series LLC
  • The original date of the LLC formation
  • Name of the home state
  • Registered agent information
  • Street address of the office where you keep all LLC records
  • The principal office street address
  • Names and addresses of all members and managers
  • An authorized signature

Corporation

  • Corporation name
  • Name of the home state
  • Registered agent information
  • Total authorized stock indicating number of par shares, par value per share and/or number of no par shares
  • The nature of and intended business purpose of your corporation in Nevada
  • Name, title, and signature of the authorized officer

3. Appoint Registered Agent – Your registered agent is the individual responsible for handling most of the tasks associated with foreign qualification and compliance within the state. They receive documents from the state and pass them on to the business and handle the time-consuming tasks related to compliance. Most businesses turn to a third party provider like DoMyLLC to serve as their registered agent so they can simplify their business operations.

4. File The Application – With the information on the application completed, your next step will be to file the application with the state. There is a $75 filing fee to do so.

5. Ongoing Maintenance – Nevada requires all businesses to file an annual report by the end of their anniversary month – the month they originally registered in. LLCs will pay $350, which includes the $200 business license fee. Corporations pay $650, which includes their $500 business license fee.

What Is the Difference Between Foreign Qualification And Incorporating?

Incorporation is a process that forms a new business. Foreign qualification doesn’t form a new business or impact the existing company in any way other than providing the ability to operate legally in another state.

How DoMyLLC Can Assist With Streamlining The Process

Business leaders have a lot to worry about. We simplify things by taking the process of Nevada foreign qualification off your shoulders entirely. We’ll do the work for you so you can focus on other aspects of your business. We offer:

  •     Dedicated account managers
  •     Name availability check
  •     Full filing and registration for your business
  •     Ongoing and unlimited customer support

We’re here and ready to make the foreign qualification process easy for you. If you’re ready to begin operations in Nevada, contact us today to get started.

Nevada Foreign Qualification FAQs

What Paperwork Is Required?

A signed form from your registered agent along with the Application for Registration of Foreign Limited Liability Company or a Qualification to Do Business In Nevada if registering a corporation.

What Fees Are Needed?

Nevada has a filing fee of $75 for both corporations and LLCs.

Who Can File For Foreign Qualification?

Any business operating outside of Nevada that wishes to begin doing business in the state will need to file.

Do You Need An Attorney For Foreign Qualification?

An attorney is not required. It is still always a good idea to check with your attorneys regarding any of your upcoming business plans including branching out into other states.

What Information Is Needed For The Certificate Of Authority?

Basic business information is requested including:

  • Business name
  • Date of formation
  • Type of business
  • Addresses – mailing and physical
  • Registered agent information
  • Names of members and managers
What If My Name Is Not Available?

You’ll have to register your business under a fictitious name and conduct business that way. This won’t impact your business name in any other state.

Nevada Business Resources

Nevada Office of Secretary of State
202 North Carson Street
Carson City, NV 89701-4201

Phone: (775) 684-5708
Fax: (775) 684-5725
Email: sosmail@sos.nv.gov

If you’re interested in more info on foreign qualification, call 888-366-9552.

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