If you already have an LLC in another state and want a Utah LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in Utah.
On this page, you’ll learn about the following:
- Forming an Utah Foreign LLC
- After Forming Utah Foreign LLC
Forming an Utah Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in Utah, you need to register it with the Utah Secretary of State.
Step 1: Choose Utah Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Utah Secretary of State. Your LLC’s legal name outside of Utah will be listed on the application, along with the name it will use in Utah. Take note of the requirements for naming your LLC.
Step 2: Select Utah Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in Utah and take note that a Utah registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of Utah Foreign LLC
Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to Utah Secretary of State Business Services, P.O. Box Utah Division of Corporations & Commercial Code P.O. Box 146705 Salt Lake City, UT 84114
Include the following:
- 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.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in Utah
- Date when your LLC will start operations in Utah.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in Utah, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your Utah Foreign LLC is taxed
Foreign LLCs are also subjected to the Utah Business Privilege Tax, and they must file LLC annual reports each year.
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.
Steps to Filing Utah Foreign LLC Online
Time needed: 5 minutes
To initiate your foreign business LLC operations in the State of Utah, as a preliminary step, you are required to apply for a Certificate of Authority from the Secretary of State office. The cost of registration is $70 (non-refundable). After approval, you will receive a certified copy of your foreign business registration. We have explained the aspects you need to cover while applying for foreign business registration in Utah.
Following are the steps to register a Foreign LLC online:
- Go to the official website of the Secretary of State of Utah
Visit the official website of the Utah Secretary of State. The website hosts a One-Stop Portal for Online business registration and filings. On the webpage, scroll down and click on the ‘Continue’ tab.
- Create a business account on the portal
On the following page, the login box appears. In case you already have an account, enter your username and password and sign in to access your personal account on the portal. In case you do not have an account, click on the ‘Create your Utah ID’ link. On the next page, provide your personal information and create your user ID and password. Click on the ‘Submit’ tab.
- Start to file your online application
Login to your Utah business portal account using your user ID and password. On the user landing page, select the option to “Register a New Business”. Next, click on “Begin Registration”. Select the business type as a foreign business in Utah and proceed to answer the questions as per your business filing. Now, click on the ‘Next Step’ option. Answer the questions put forward on the next page. These pre-registration questions. Next, choose your business entity type from the drop-down menu and now you can proceed to start your application.
- Read the guidelines
Read all the instructions and guidelines attached to the online application. Start to fill in all the required details in the application form. Do not skip any mandatory section.
- Recheck your application
Revisit all the sections to ensure that all the information provided by you is true and correct to your knowledge. Your application shall be rejected in case of any error or non-compliance.
- Make the payment
After finalizing the application, you can proceed to the payment gateway page and pay $70 as the filing fee for your online application. On successfully completing your application, you will receive a notification from the Secretary of State office, acknowledging the receipt of your application.
Steps to Filing Utah Foreign LLC by Mail
You can also file your foreign business registration application by mail.
- Download the application form PDF on your device.
- Read all the instructions attached to the application form and accordingly fill in all the required details.
- Attach the certificate of Good standing issued by the State of Original jurisdiction.
- Issue a money order or check for $70 as the filing fee payable to the State of Utah.
- Arrange all the documents together and mail it to the following address, Utah Division of Corporations & Commercial Code, P.O. Box 146705, Salt Lake City, UT 84114.
After Forming Utah Foreign LLC
Here are added things you need to accomplish after forming your Utah Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
How Much Does It Cost to Register a Foreign LLC in Utah
To register as a foreign LLC in Utah, you can file through mail or online by paying a filing fee of $70 to the Utah Division of Corporations & Commercial.
One of the primary expenses an entrepreneur should anticipate is the filing fee. Foreign LLCs, which typically originate from other states or countries, are required to submit specific documentation with the Utah Division of Corporations and Commercial Code. This paperwork, including the Application for Certificate of Authority and the Certificate of Existence or Good Standing, generally incurs a fee. It is crucial to verify the exact fee applicable at the time of registration as these charges could be subject to change periodically.
In addition to the filing fees, foreign LLCs must often appoint a registered agent in Utah. A registered agent acts as the designated representative for the company and is responsible for receiving legal notices and official documents on its behalf. Hiring a registered agent, whether an individual or a registered agent service, constitutes another cost involved in registering a foreign LLC in Utah. Engaging such services ensures the LLC can promptly receive any important correspondence while abiding by legal requirements.
Another essential aspect to consider when it comes to the costs of establishing a foreign LLC in Utah is the legal assistance required. Given the complexities and versatilities in corporate laws, consulting with an attorney who specializes in business formation is often crucial. Since each foreign LLC may have unique circumstances, a lawyer can provide personalized guidance, ensuring compliance with both state and federal laws. Going without proper legal assistance may expose entrepreneurs to unnecessary risks or unexpected hurdles, so the expense of hiring an attorney is a considerable factor to consider.
Apart from these primary costs, there might be additional expenses related to compliance issues, such as maintaining a registered office address or obtaining specific licenses or permits required by the business. Therefore, entrepreneurs must carefully evaluate the potential challenges and correlative costs which arise while running a foreign LLC in Utah.
Importantly, it is essential not to forget that establishing and operating a foreign LLC is not solely about complying with legal procedures and overcoming financial hurdles. It is equally important to familiarize oneself with the rules and regulations of the operating state. Understanding Utah’s specific legal framework, tax implications, and regulatory obligations is essential to mitigate potential obstacles down the road.
While the costs associated with registering a foreign LLC in Utah can vary, it is crucial to budget wisely and leave room for unexpected expenses. Undertaking a comprehensive analysis of the financial requirements is prudent before committing to the registration process. By being well-informed and financially prepared, entrepreneurs can set their ventures on the right track and navigate the unfamiliar landscape with confidence.
Starting a foreign LLC in Utah 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. Get a professional registered agent and form your foreign LLC anywhere without a hassle.