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Are you looking to expand your business operations or secure financing for your company in Utah? One essential document you’ll need in such situations is the Certificate of Existence. This certificate is an official document issued by the state authorities to confirm that your business is compliant with state regulations and requirements. The Certificate of Existence is one of the most important documents your business needs. Whether it is the Utah LLC filing or a corporation or any other form of business, the Certificate of Existence must be obtained.
We will share the in and out of Utah Certificate of Existence in this article. We’ll also discuss the various scenarios when you might need this certificate and provide helpful tips to ensure your business remains in good standing with the Utah authorities. We recommend you read the article on how to get Utah Certificate of Existence till the end. Let’s dive in and get your business one step closer to achieving its goals!
On this page, you’ll learn about the following:
What is Certificate of Existence in Utah
The Certificate of Existence is a document that every business in Utah requires to obtain. This document states that the company (LLC, Corporation, Partnership, etc.) complies with the State government. In other words, the business has fulfilled all the legal requirements in Utah. Whether you form an LLC or any other form of business, you must get this document.
If you take your business to a different state, your Certificate of Existence will be a necessary document to be produced. It shows that your business does not have any illegitimate or outlawed activities.
What Information You Have in Utah Certificate of Existence
The Certificate of Existence consists of very pivotal information related to your business. Following is the information your Certificate of Existence will have-
- The entity type (LLC, Corporation, LLP, LP, or any other registered entity type) when it was formed
- The date of filing the business entity (filing the formation document).
- The current name and address of the business entity
- Whether the business entity exists today
- Name and address of the Resident Agent
- The State where the document is issued
- A declaration that the business entity has paid all the required taxes and complies with all applicable legal requirements.
- A declaration that the business entity met all the requirements to get the document.
Who Should Obtain the Certificate of Existence
Any business entity, a Limited Liability Company (LLC), a Corporation, a Limited Liability Partnership (LLP), a Limited Partnership (LP), or any other registered business structure in Utah is eligible to obtain the Certificate of Existence. Anyone with a sole proprietorship does not need to obtain the Certificate of Existence because sole proprietorship companies do not have to register their business.
How to Obtain Utah Certificate of Existence
The Secretary of State issues this document. To obtain the Certificate of Existence, you must fill out the form and send it to the Utah SOS along with the required filing fees. There is some information you will need to enter while submitting the form. Here are the points to add-
Step 1: Get the Form
The first thing you need to do is get the form. The form is available on the state SOS website. You can download the form and mail it or submit it online. The following points are required to mention in the form-
Details of The Requester: The first information you need to provide is the detail of the requester. Provide your full name, address (which can be your business address), and phone number.
Name of Your Business: Provide the exact name of your business. Make sure no spelling mistakes are made. The spelling must be the same as mentioned in the Certificate of Formation. Besides the name, provide the company registration number or file number. The SOS issues this number after you file the Certificate of Formation. This is not mandatory, but it is recommended to share the file number to get the process done quickly.
Details of Return Method: The certificate can be collected in person or by mail from Utah SOS. If you request the document in person, you can take the return in person or by mail. Choose which way you want it.
Copies of the Certificate: You can request the number of copies of the certificate from SOS. There is a box in the form you need to check for multiple copies of this document. You can obtain more than one copy of the Certificate of Compliance for various purposes. It is recommended to get more copies of the certificate for future use.
Fax Copy of the Certificate: You might get a Fax copy before receiving the certificate’s hard copy. This is one of the options available in some of the states. If you want to receive the fax copy of the certificate, you must provide the fax number while filing the form.
Copies of Other Documents: If you want, you can request copies of other documents filed with the SOS. Other documents include the Utah Certificate of Organization for LLCs, Articles of Incorporation, amendments, and other registered documents with the SOS. This is optional and you can avoid this. With every copy you request, you must pay a stipulated fee.
Step 2: Submit the Form
You can submit the form online, by mail, or in person, whichever is available and more convenient. Send the form to the Utah Division of Corporations & Commercial Code, P.O. Box 146705, Salt Lake City, UT 84114 for offline filing. You can also submit the form online. For that, you must go to the Utah SOS official website and search for the appropriate form.
Step 3: Filing Fee and Processing Time
A filing fee must be paid to the SOS to obtain the Certificate of Existence. The amount depends on the number of copies you request. If you request other document copies, you might pay an additional fee for that.
Processing Time: The Certificate of Existence’s processing time varies from state to state. Also, it depends on the expedited filing as well. It can take a few days to a few months to obtain the Certificate of Existence in Utah.
Step 4: Receive the Certificate of Existence
Once you submit the form and the necessary filing fee, your forms start processing. The process might take a lot of time. If you do not want to wait, you can check with the Utah SOS if they have expedited filing or not. In Utah, it can take up to a few months to receive the Certificate of Existence.
Why Do You Need a Certificate of Existence
The Certificate of Existence in Utah is a character certificate of any business. Obtaining this document makes your business legitimate officially. You need this document every now and then while making business decisions. You must obtain the document for the following reasons,
- To get business loans and advances or investors
- To get business bank accounts
- To purchase insurance for business coverage
- To renew licenses & permits
- To set up your business in other states, for example, a Foreign LLC.
- To sell or transfer your business completely or partially to another.
- To get into a legal business contract with other businesses or clients.
The document is required as much as the formation document. Hence, obtaining the Utah Certificate of Existence is needed.
FAQs
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Why Utah Certificate of Existence is So Important
First and foremost, the Certificate of Existence serves as proof that a business actually exists and is legitimate. This may sound obvious, but in today’s corporate landscape, where scams and fake businesses are prevalent, having a valid Certificate of Existence can provide peace of mind to customers, partners, and investors. It shows that the business has undergone the necessary registration processes and is recognized by the state authorities.
For businesses looking to establish credibility and build trust with their customers and partners, the Certificate of Existence is a crucial element. It demonstrates that the business is in good standing with the state and is operating legally. This can be particularly important for startups or small businesses that are looking to attract investors or secure partnerships. A valid Certificate of Existence can give potential investors or partners the confidence that they are dealing with a reputable and trustworthy entity.
In addition to credibility, the Certificate of Existence also plays a key role in legal compliance. By obtaining and maintaining this document, businesses are ensuring that they are meeting their obligations under Utah state law. Failure to have a valid Certificate of Existence can result in penalties, fines, or even the suspension of business operations. This can have serious consequences for a business, including damage to its reputation and financial losses.
Furthermore, the Certificate of Existence is often required for various business transactions, such as applying for loans, signing contracts, or renewing business licenses. Without this document, businesses may find themselves unable to access necessary resources or conduct essential business activities. This can lead to missed opportunities, delays in operations, and ultimately, loss of revenue.
Overall, the Utah Certificate of Existence is a vital document that all businesses operating in the state should prioritize obtaining and maintaining. It serves as proof of a business’s legitimacy, credibility, and legal compliance, and can provide a competitive edge in today’s competitive business environment. By staying on top of their Certificate of Existence requirements, businesses can ensure that they are operating responsibly and transparently, building trust with customers, partners, and investors, and staying on the right side of the law.
Conclusion
The Certificate of Existence is a vital document for any business entity in Utah, as it enables you to expand your operations throughout the United States. It’s essential to provide accurate and truthful information in this document. If you plan to establish the same business in another state, obtaining a Certificate of Existence is necessary.