How to Get Certificate of Existence in Utah (2024)


Steve Bennett
Steve Bennett
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Get Utah Certificate of Existence

The Certificate of Existence in Utah is a significant document that is required if you expand your business to another state. When you file an LLC in Utah, you must submit a handful of documents to the Secretary of State. In case you take your business beyond the state border, you need this additional document, commonly known as the Certificate of Good Standing.

In this article, LLCBuddy editors share the ins and outs of Utah Certificate of Existence. You’ll also learn what the uses of this document are other than having a foreign LLC out of state. We shared how to get the Certificate of Existence in Utah. The Certificate of Existence is one of the most important documents your business needs. Whether it is the LLC filing or a corporation filing in Utah or any other form of business, the Certificate of Existence must be obtained. Let’s dive in and get your business one step closer to achieving its goals!

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 in Utah, 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, Certificate of Existence will be a necessary document to be produced. It shows that your business does not have any illegitimate or outlawed activities. Besides, to restore or reinstate an LLC in Utah after dissolution, you must obtain this document.

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- 

articles of organization
  • 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 Registered 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 Utah 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

You can request a Certificate of Existence for your Utah LLC through the SOS official portal. On the Business Search page, search your business using the name, and finally once you get the details, choose the option for Certificate of Existence to order your document.

The following points are required to be mentioned in the form-

Details of The Requester: The first information you need to provide is the details of the requester. Provide your full name, address (which can be your business address), and phone number. 

name your llc

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 that you 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 that more copies of the certificate be obtained 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 for corporations, LLC amendment, corporation amendment, and other registered documents with the SOS. This is optional, and you can avoid this. You must pay a stipulated fee for every copy you request. 

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 must search the Utah SOS official website for the appropriate form.

Step 3: Filing Fee and Processing Time

A filing fee of $12 (short form) OR $20 (long form) AND $75 additional (expedited filing) must be paid to the SOS to obtain the Certificate of Existence. The amount might be more depending on the number of copies you request. If you request other document copies, you might have to 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.
  • If your LLC is dissolved for any administrative reasons and you want to restore it, you must obtain the Certificate of Existence for reinstatement.

The document is required as much as the formation document. Hence, obtaining the Utah Certificate of Existence is needed. 

FAQs

What is a Utah Certificate of Existence?
A Utah Certificate of Existence is a document that verifies a company’s existence and good standing with the state of Utah.
Why do I need a Utah Certificate of Existence?
You may need a Utah Certificate of Existence to conduct business in Utah, apply for loans, or fulfill certain licensing requirements.
How can I obtain a Utah Certificate of Existence?
You can obtain a Utah Certificate of Existence by submitting a request to the Utah Secretary of State’s office.
What information do I need to provide to get a Utah Certificate of Existence?
You will typically need to provide your company’s name, registration number, and payment for the certificate.
Can I request a Utah Certificate of Existence online?
Yes, you can request a Utah Certificate of Existence online through the Utah Secretary of State’s website.
How much does a Utah Certificate of Existence cost?
The cost of a Utah Certificate of Existence varies but is typically around $12 to $15.
How long does it take to receive a Utah Certificate of Existence?
You can usually receive a Utah Certificate of Existence within a few business days of submitting your request.
Can I expedite the processing of my Utah Certificate of Existence?
Yes, you can typically expedite the processing of a Utah Certificate of Existence for an additional fee.
How long is a Utah Certificate of Existence valid for?
A Utah Certificate of Existence is typically valid for 90 days from the date of issue.
Can I use a Utah Certificate of Existence for multiple purposes?
Yes, you can typically use a Utah Certificate of Existence for multiple purposes, such as licensing, loans, and certifications.
What is the difference between a Utah Certificate of Existence and a Certificate of Good Standing?
A Utah Certificate of Existence simply verifies a company’s existence, while a Certificate of Good Standing confirms that the company is compliant with all state regulations.
Can I request a Utah Certificate of Existence for a non-profit organization?
Yes, non-profit organizations can also request a Utah Certificate of Existence to verify their existence and good standing.
Do I need a Utah Certificate of Existence to file annual reports in Utah?
In some cases, you may need to provide a Utah Certificate of Existence when filing annual reports for your company in Utah.
Can I request a Utah Certificate of Existence for a foreign entity?
Yes, foreign entities operating in Utah can also request a Utah Certificate of Existence to verify their compliance with state regulations.
What should I do if there is an error on my Utah Certificate of Existence?
If you notice an error on your Utah Certificate of Existence, you should contact the Utah Secretary of State’s office to have it corrected.
Can I request a digital copy of my Utah Certificate of Existence?
Yes, you can typically request a digital copy of your Utah Certificate of Existence in addition to a physical copy.
Is a Utah Certificate of Existence the same as a Utah Certificate of Authority?
No, a Utah Certificate of Existence verifies a company’s existence, while a Utah Certificate of Authority grants permission to do business in Utah as a foreign entity.
Can I request a Utah Certificate of Existence for a dissolved company?
Yes, you can request a Utah Certificate of Existence for a dissolved company to document its existence during a certain period.
Do I need to renew my Utah Certificate of Existence each year?
No, a Utah Certificate of Existence is typically valid for a set period and does not need to be renewed annually.
What happens if my Utah Certificate of Existence expires?
If your Utah Certificate of Existence expires, you may need to request a new one to continue conducting business in Utah.
Can I use a Utah Certificate of Existence to open a bank account in Utah?
Some banks may require a Utah Certificate of Existence to open a business bank account in Utah.
Can I request a Utah Certificate of Existence for a sole proprietorship?
Yes, sole proprietors can also request a Utah Certificate of Existence to verify their business’s legitimacy in the state.
Can I request a Utah Certificate of Existence for a limited liability company (LLC)?
Yes, LLCs can request a Utah Certificate of Existence to verify their existence and good standing in Utah.
Can I request a Utah Certificate of Existence for a corporation?
Yes, corporations can request a Utah Certificate of Existence to document their existence and compliance with state regulations.
What are the consequences of not having a Utah Certificate of Existence?
Without a Utah Certificate of Existence, you may not be able to conduct business in Utah, apply for loans, or fulfill certain licensing requirements.
Can I request a Utah Certificate of Existence for a partnership?
Yes, partnerships can also request a Utah Certificate of Existence to verify their existence and good standing in Utah.
Can I request a Utah Certificate of Existence for a professional corporation?
Yes, professional corporations can request a Utah Certificate of Existence to document their compliance with state regulations in Utah.
Is a Utah Certificate of Existence the same as a business license?
No, a Utah Certificate of Existence simply verifies a company’s existence and good standing, while a business license grants permission to operate in a certain municipality.
Is a Utah Certificate of Existence the same as a Certificate of Good Standing?
Yes, a Utah Certificate of Existence is the same as a Certificate of Good Standing in other states.
What information is included on a Utah Certificate of Existence?
A Utah Certificate of Existence typically includes the entity’s name, registration number, date of formation, and current standing with the state.

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In 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.

While forming a Limited Liability Company (LLC) or a Corporation in Utah, it is necessary to have some documents filed with the State authority. The Certificate of Existence is one of them. In some cases, if the business gets shut down or dissolved due to administrative reasons, this document helps the owners retrieve their business in the future. In this article, we shared DIY ways to get the document, but you can always hire a professional to get that for you.

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