State Foreign Qualifications
Many businesses are located in a state that is different than the state of formation. For instance, a business that is organized under Delaware law may have a place of business in Massachusetts. In such cases, the Delaware entity may be deemed to be transacting business in Massachusetts and would therefore be required to qualify as a foreign entity in Massachusetts. The types of activity requiring registration as a foreign entity and the consequences of failing to do so vary from state to state. Each state’s office of the Secretary of State and the third-party service providers discussed below can be helpful with state foreign qualification questions.
Annual Reports and Franchise Tax Filings
Although the specific requirements vary by state, the state of formation and any states where an entity is registered as a foreign entity likely require an annual report and payment of franchise taxes and fees each year an entity exists. The franchise tax and fee information for the State of Delaware may be found here and, like foreign qualifications, each state’s office of the Secretary of State and the third-party service providers discussed below can be helpful.
Third-Party Service Providers
There are many third party service providers that can assist companies with state foreign qualifications, including filing annual reports and serving as a registered agent, among other matters. Two such frequently used service providers are The Corporation Trust Company or Corporation Service Company.
