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NEVADA FOREIGN QUALIFICATION
If your business entity is incorporated in any state other than Nevada and you wish to transact your business in Nevada, is it possible? It is definitely possible if your company meets the requirements of Nevada foreign qualification. What does foreign qualification comprise or consist of?
Introduction – Foreign Qualification Nevada
There are several aspects to consider for a Nevada foreign qualification. According to NV Rev Stat § 80.010 (2013) for business corporations and NV Rev Stat § 86.544 (2013) for LLC’s, either type of business entities are required to:
- Register their business with the office of the Nevada Secretary of State. Nevada foreign qualification requires a Limited Liability Company or Business corporation to file foreign registration documents in the state.
- Provide information pursuant to NRS 77.310 and it highlights the fact that the street address of the registered agent as nominated by the company will be considered as the registered office of the LLC or business corporation in this state.
- In order to initiate Nevada foreign qualification, a statement or application for registration has to be submitted with the Secretary of the State and it needs to be signed by an officer of the corporation, a manager of the company (LLC) or some other person specifically authorized by the LLC or corporation to sign the statement or application. It should set forth:
- The name of the foreign LLC or Corporation
- The jurisdiction of registration and date of its formation
- A general description of the purposes of the LLC or corporation
- In case where the business entity is a corporation you will have to provide information pertaining to authorized stock of the said corporation along with the number as well as the par value of shares
- A declaration of existence of a foreign LLC or corporation and that it is in good standing in the jurisdiction of its formation or incorporation.
Processing Time of Nevada Foreign Qualification
The filing requirements towards a Nevada foreign qualification require LLC’s and Business Corporations to file different forms. Let’s look at each one of the business entities.
Nevada Foreign LLC
A foreign limited liability company in the state of Nevada has to file a certificate of registration or “Application for Registration of Foreign Limited-Liability Company” pursuant to NV Rev Stat § 86.545 (2013), post Nevada foreign qualification to transact business in this state. It has to be filed along with the Customer Order Instructions form, initial list, and business license. You will be required to submit the fee for foreign registration along with the fee for initial list and business license.
One of the important aspects is that the application should contain the name and street address of your registered agent as has been set forth for the service of process. The Foreign LLC registration form includes a page on “Registered Agent Acceptance” pursuant to NRS 77.310, which has to be filed along with the application for foreign entities to conduct business in Nevada.
The applications for Nevada Foreign Qualification have to be mailed to the Secretary of State, New Filings Division, 202 North Carson Street, Carson City, NV 89701-4201. The normal processing time can vary from 1-2 weeks although it may take additional time for mailing. You can expedite the process but there will be an additional fee for the same.
Nevada Corporation LLC
A foreign business corporation in the state of Nevada has to file “Qualification to do Business in Nevada” pursuant to NV Rev Stat § 80.010 (2014), post Nevada foreign qualification to transact business in this state. It has to be filed along with the Customer Order Instructions form, initial list, and business license. You will be required to submit the fee for foreign registration, which varies according to the number of shares authorized along with the fee for initial list and business license.
One of the important aspects of the Nevada foreign qualification application is that a foreign corporation needs to include the name and street address of their registered agent as has been set forth for the service of process. The Foreign corporation registration form includes a page on “Registered Agent Acceptance” pursuant to NRS 77.310, which has to be filed along with the application for foreign entities to conduct business in Nevada.
The applications for Nevada Foreign Qualification have to be mailed to the Secretary of State, New Filings Division, 202 North Carson Street, Carson City, NV 89701-4201. The normal processing time can vary from 1-2 weeks although it may take additional time for mailing. You can expedite the process but there will be an additional fee for the same.
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IncParadise provides full service in assisting with Nevada Foreign Qualification. We will handle all the steps of foreign qualification in Nevada from obtaining the necessary documents from the home state, to filing all applications with the Nevada Secretary of State, and making sure the filing is successful.