What is a Foreign LLC in Oklahoma – Definition and Filing

If you have an LLC in Oklahoma and want to expand your business beyond Oklahoma, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Oklahoma, must file a foreign LLC in Oklahoma. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Oklahoma government.

In this article, you’ll be reading about how to start a foreign LLC in Oklahoma. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Oklahoma after you form it.

Forming a Foreign LLC in Oklahoma

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Oklahoma, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for Oklahoma) and wants to expand their operations in Oklahoma can file their LLC as a foreign entity. To start a foreign LLC in Oklahoma, you need to register it with the Oklahoma Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Oklahoma for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Oklahoma. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

Before you proceed to register your LLC in Oklahoma as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in Oklahoma, then you must obtain the Certificate of Good Standing from Oklahoma Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Oklahoma must get this document to register a foreign LLC in Oklahoma.

Filing Certificate of Good Standing: In Oklahoma, like any other state, you must visit the Entity Search page on the Oklahoma SOS portal. Search your business by the filing number. Once you get the details of the business, you can order the Certificate of Good Standing by paying the state fee.

Step 2: Choose Oklahoma Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Oklahoma Secretary of State. Your LLC’s legal name outside of Oklahoma will be listed on the application, along with the name it will use in Oklahoma. Take note of the requirements for naming your LLC.

You can use the same name as your domestic LLC name, however, that name should be available in Oklahoma to use. Check name availability at Oklahoma’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Oklahoma when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Oklahoma Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Oklahoma, you must have a registered agent from Oklahoma only. No matter where your domestic LLC is located, you must hire a registered agent from Oklahoma for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Oklahoma and take note that the Oklahoma Registered Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for Oklahoma Foreign LLC

The most important step is to send the application for registration with Oklahoma SOS. Download the PDF form from the Oklahoma Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

LLC’s full legal name.
A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- DBA filing method in Oklahoma: two methods, by mail and in person.
- Online: There is no online filing available
- Offline: For filing offline, you must send the accomplished DBA filing form to the Oklahoma Secretary of State, 421 N.W. 13th Street, Suite 210, Oklahoma City, OK 73103 or drop it off in person at the same address.
- DBA filing fee in Oklahoma: $25
LLC’s principal office and mailing addresses
LLC formation state and date.
Registered agent’s name and address in Oklahoma.
Date when your LLC will start operations in Oklahoma.
Credit card information is on the last page of the form for the application fee.

Online Filing

Registering your foreign LLC in Oklahoma through an online channel needs you to Register with the SOS. After creating an account, you must visit the dashboard to find the Foreign LLC online form. Fill up and submit it online along with the registration fee.

Offline Filling

In Oklahoma, forming a foreign LLC using the offline method is easy. Get the Foreign LLC Registration Form (PDF), type the information it requires, print a copy, and send it to the SOS address by mail or other ways (check with SOS for in-person visit) to the SOS office at Oklahoma Secretary of State, 421 N.W. 13th Suite 210, Oklahoma City, OK 73103. For offline filing, only typed and printed forms should be sent. No handwritten forms will be accepted.

Foreign LLC Registration Fee in Oklahoma: The registration fee for filing a foreign LLC in Oklahoma is $300. The payment should be made using Credit or Debit Cards (Visa, MasterCard, etc) or by checks payable to the Secretary of State (for offline filing). The payment must be made at the time of submission of the filled-out form. Do not send any cash by mail to the office.

The LLC cost in Oklahoma, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Oklahoma’s domestic and foreign LLCs.

Step 5: Determine How Your Oklahoma Foreign LLC is taxed

Foreign LLCs are also subjected to the Oklahoma Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Oklahoma for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Oklahoma. However, it is recommended to check with the Oklahoma Secretary of State for state-wise taxes.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Filing Oklahoma Foreign LLC Online – Quick Recap

Get the Certificate of Good Standing from your home state where your LLC is originally registered
Check if the name of your LLC is available in Oklahoma to use for your foreign LLC. If not, file DBA name with Oklahoma SOS.
Get a registered agent in Oklahoma to represent your foreign LLC in Oklahoma. Recommended, professional help instead of being your own registered agent.
File the Application of Foreign LLC with the Oklahoma Secretary of State following the mentioned method(s) above.
Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Oklahoma with the FinCEN.

After Forming Oklahoma Foreign LLC

Here are added things you need to accomplish after forming your Oklahoma Foreign LLC

Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at Oklahoma Secretary of State.
File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Oklahoma. Here’s everything about Oklahoma LLC Annual Reports.
Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

What is the process for forming a foreign LLC in Oklahoma?

To form a foreign LLC in Oklahoma, you must file an Application for Certificate of Authority with the Oklahoma Secretary of State.

Do I need to have a registered agent in Oklahoma for my foreign LLC?

Yes, a registered agent must be appointed for your foreign LLC in Oklahoma.

What are the annual reporting requirements for a foreign LLC in Oklahoma?

Foreign LLCs in Oklahoma must file an annual report with the Secretary of State by the anniversary date of their initial filing.

Can I use my out-of-state address as the principal place of business for my foreign LLC in Oklahoma?

No, your foreign LLC in Oklahoma must have a designated principal place of business within the state.

How long does it take to form a foreign LLC in Oklahoma?

The processing time for forming a foreign LLC in Oklahoma can vary, but it typically takes a few weeks to complete.

Do I need to obtain an EIN for my foreign LLC in Oklahoma?

Yes, you will need to obtain an Employer Identification Number (EIN) from the IRS for your foreign LLC in Oklahoma.

Are there any specific naming requirements for foreign LLCs in Oklahoma?

Your foreign LLC in Oklahoma must include the words “Limited Liability Company” or the abbreviation “LLC” in its name.

Can I use a DBA (doing business as) name for my foreign LLC in Oklahoma?

Yes, you may operate your foreign LLC in Oklahoma under a DBA name, but you must file a fictitious business name registration.

What are the publication requirements for a foreign LLC in Oklahoma?

Foreign LLCs in Oklahoma are not required to publish any notices in newspapers.

Is there a minimum capital requirement for forming a foreign LLC in Oklahoma?

There is no minimum capital requirement for forming a foreign LLC in Oklahoma.

Can I convert my foreign LLC into an Oklahoma domestic LLC?

Yes, you may convert your foreign LLC into an Oklahoma domestic LLC by complying with the state’s conversion process.

Are foreign LLCs in Oklahoma subject to state taxes?

Foreign LLCs operating in Oklahoma are generally subject to state taxes and may be required to file state tax returns.

Can I expand my foreign LLC’s operations to other states from Oklahoma?

Yes, you can expand your foreign LLC’s operations to other states from Oklahoma by complying with each state’s foreign qualification requirements.

Are there any ongoing compliance requirements for foreign LLCs in Oklahoma?

In addition to filing annual reports, foreign LLCs in Oklahoma must maintain a registered agent and keep their business information up to date with the Secretary of State.

Can I amend my foreign LLC’s formation documents in Oklahoma?

Yes, you can file an amendment to your foreign LLC’s formation documents with the Oklahoma Secretary of State.

What is the penalty for failing to comply with the foreign LLC registration requirements in Oklahoma?

The penalty for failing to comply with the foreign LLC registration requirements in Oklahoma may include fines, penalties, and the loss of good standing with the state.

Can I dissolve my foreign LLC in Oklahoma?

Yes, you can voluntarily dissolve your foreign LLC in Oklahoma by filing the necessary paperwork with the Secretary of State.

How do I change my foreign LLC’s registered agent in Oklahoma?

You can change your foreign LLC’s registered agent in Oklahoma by filing a statement of change with the Secretary of State.

What documents are required to form a foreign LLC in Oklahoma?

To form a foreign LLC in Oklahoma, you will need to file an Application for Certificate of Authority, a certificate of good standing from your home state, and a registered agent acceptance form.

Can I file my foreign LLC formation documents online in Oklahoma?

Yes, you can file your foreign LLC formation documents online through the Oklahoma Secretary of State’s website.

Are foreign LLCs required to have an operating agreement in Oklahoma?

While it is not required by law, it is recommended that foreign LLCs in Oklahoma have an operating agreement outlining the management structure and operations of the company.

Are there any restrictions on the ownership of a foreign LLC in Oklahoma?

Foreign LLCs in Oklahoma are generally allowed to have multiple members or be wholly owned by a single individual or entity.

Can I transfer my foreign LLC’s registration from another state to Oklahoma?

Yes, you can transfer your foreign LLC’s registration from another state to Oklahoma by filing for domestication or conversion with the Secretary of State.

Can I operate multiple businesses under a single foreign LLC registration in Oklahoma?

Yes, you can operate multiple businesses under a single foreign LLC registration in Oklahoma, as long as they are all related to the primary business activities of the LLC.

Are there any specific licensing requirements for foreign LLCs in Oklahoma?

Foreign LLCs in Oklahoma may be subject to specific licensing requirements based on the type of business activities they engage in within the state.

Can I change my foreign LLC’s name in Oklahoma?

Yes, you can change your foreign LLC’s name in Oklahoma by filing an amendment to your formation documents with the Secretary of State.

Do foreign LLCs in Oklahoma need to appoint officers?

Foreign LLCs in Oklahoma are not required to appoint officers, but they can if they choose to do so in their operating agreement.

Can I convert my foreign corporation into a foreign LLC in Oklahoma?

Yes, you can convert your foreign corporation into a foreign LLC in Oklahoma by following the state’s conversion process.

How do I form a foreign LLC in Oklahoma?

To form a foreign LLC in Oklahoma, you must file a Certificate of Authority with the Secretary of State.

What is a foreign LLC in the context of Oklahoma?

A foreign LLC in Oklahoma is a limited liability company that was formed in another state but wishes to do business in Oklahoma.

In Conclusion

Having a foreign LLC in Oklahoma is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Oklahoma does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. From getting the Certificate of Good Standing to hiring a registered agent in Oklahoma, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in Oklahoma can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in Oklahoma is a success.