Skip to content
Navigation

702-871-8678

News

Foreign Qualification in Michigan

Date: 04/11/2023 | Category: | Author: developers

Foreign Qualification in Michigan

You may be operating a company in any state in the USA except Michigan. Now, you want to expand your reach or open a branch or even move your business to Michigan. This is made possible through a specific process known as a foreign qualification in Michigan. This process will help you in establishing an LLC or a corporation or other kinds of business entities in a new state without the need for re-registration or incorporation of the said entity. This guide has been created to provide information concerning the various features of a Michigan foreign business registration including state laws, requirements, the process, and understanding the essence of doing business in Michigan.

Michigan Foreign Qualification

Every state has its own set of advantages that play a key role in attracting entrepreneurs and businesses. The state of Michigan also has several advantages although its business climate is the primary reason behind the increase in Michigan LLC foreign registration. The availability of an abundant workforce is also an important reason why entrepreneurs want to shift their business to this state. There are several top industries including the core industries that have a faster and more stable growth rate like the mobility and automotive manufacturing industry and semiconductor industry. A Michigan foreign business registration will also open the doors to various state business incentives and grants that your company can benefit from.

What is a Michigan foreign qualification?

If you are thinking of expanding your operations to Michigan then you will have to follow the process of foreign qualification in Michigan, which is governed by the Michigan Compiled Laws. This qualification process doesn’t require you to form a new business or register a company all over again. When you opt for Michigan foreign business registration, you will also be able to operate your company in your home state (state of original registration) as well as the new state (Michigan).

The process of foreign LLC registration or incorporation may be different from the foreign qualification in other states or even the home state. Let’s look at an example to understand this:

Example: You have formed a domestic LLC in Colorado by filing articles of organization. Colorado will be considered as your home state. You are now thinking of expanding your business to Michigan. If you want to move your business completely then you will have to close your Colorado LLC and start a new LLC in Michigan. If you want to operate in both states then you can apply for Michigan LLC foreign registration. This process will provide you with the authority to transact business in the new state as well.

Once you have applied for a Michigan foreign business registration, you will need to maintain state compliances like obtaining necessary business licenses and permits. You will also be required to hire and maintain a Michigan registered agent like IncParadise. We can help you with all your state business formalities including annual compliances like filing annual reports.

Doing business in Michigan

When a limited-liability company or a business corporation, or any other type of entity is operating in any other state apart from its home state (state of registration) then they are considered a foreign company. Such a company can operate only when they undergo the process of foreign qualification in Michigan. Each state has its own laws when it comes to foreign qualifications, and hence before you can register your business, it is important to understand what doing business in Michigan refers to.

The general point of view of doing business refers to a company owning a warehouse in the state of Michigan or is planning to open a retail store in the state. This is considered as “doing business” in this state and will require such an entity to undergo a Michigan foreign business registration. There are several activities though that are not considered to be transacting business in the state and they are:

  • If a company is defending, maintaining, or settling any legal proceeding
  • If an entity has a bank account in the state
  • If a business holds meetings in the state
  • If a firm is selling its products or services through an independent contractor
  • When a company creates or acquires indebtedness, security interests, and mortgages in personal or real property
  • If a business secures or collects debts
  • When an entity is transacting business in interstate commerce

Michigan Foreign Qualification Process

If you have already registered an LLC or a business corporation in another state but want to conduct business in Michigan then you will need to undergo a Michigan foreign corporation registration. It is important to note that all out-of-state businesses require authority to transact business in the state. If you operate a business without obtaining the required authority then the said business would be considered to be breaking the Michigan Compiled Laws for Foreign LLCs or Corporations. There will be consequences for transacting business without authority including severe penalties. Let us look at the process of a Michigan foreign entity search and registration for LLCs and corporations.

Michigan Foreign Corporation Registration

If you are already operating a corporation in another state and want to expand your operations to Michigan then you will need to apply for a Michigan foreign corporation registration. This is also known as the process of foreign qualification and will be governed by the 2021 Michigan Compiled Laws, Chapter 450 – Corporations, 284-1972-10 Chapter 10 Foreign Corporations. You will have to obtain the authority necessary to transact business in this state and there are certain steps to follow. The steps for a Michigan foreign entity search and registration are:

1. Business Name

The first step towards a Michigan foreign corporation registration is determining a business name and registering it. The corporate name should comply with state laws and should contain words like “corporation,” “incorporated,” or abbreviations like “Inc.,” “corp.,” and “co.” Once you have chosen a name, it is important to conduct a Michigan foreign entity search also known as a name availability search. This will ensure your chosen name is available for registration.

If the chosen name is available then you need to file the Application for Registration of Corporate Name pursuant to MI Comp L § 450.2056 (2019). The name registration application has to be submitted to the Michigan Department of Licensing And Regulatory Affairs, Corporations, and Securities & Commercial Licensing Bureau along with a non-refundable fee of $50. You will also need to submit a Certificate of Good Standing along with the name registration application. The name registration expires each year on December 31, but you can renew it before the expiration date.

2. Registered Agent

Whether you are forming a new business or incorporating a foreign entity, there are certain state guidelines you have to follow. A Michigan foreign business registration will be possible only if you continuously maintain a registered agent in the state pursuant to MI Comp L § 450.1241 (2021). We at IncParadise are one of the top Michigan registered agents and have helped several domestic and foreign entities to incorporate in this state.

3. Certificate of Authority

The most important step towards a Michigan foreign corporation registration is to get the necessary authorization to transact business in the state. You will need to file the Application for a Certificate of Authority pursuant to MI Comp L § 450.2002 (2019). This application has to be submitted to the Michigan Department of Licensing And Regulatory Affairs, Corporations, and Securities & Commercial Licensing Bureau along with a fee of $60. The fee includes 2 components, which are a non-refundable fee of $10 and an initial franchise fee of $50. You can submit the application using the COFS (Corporations Online Filing System) as well as by mail or in person.

You can also opt for an expedited service, which varies from 24-hours to one-hour services. There will be an additional fee for these services.

Do you want to register a foreign Corporation in Michigan?

Michigan foreign LLC registration

If you are already operating a limited liability company in another state and want to expand your business to the state of Michigan then one of the best options is foreign qualification. This process is also known as Michigan LLC foreign registration and will help you to transact business in the state without the need to register a new LLC. A Michigan foreign entity search and registration will be governed by the 2021 Michigan Compiled Laws, Chapter 450 – Corporations, Act 23 of 1993 Michigan Limited Liability Company Act (450.4101 – 450.5200) – Article 10. The process for foreign qualification is as follows:

1. Business Name

One of the first requirements for a Michigan LLC foreign registration is a business name. You have to select a name in accordance with the naming regulations of the state. A Michigan LLC name should contain words like “limited liability Company”, “limited company” or abbreviations like L.L.C or LLC. The chosen name should also be available and you can guarantee this is possible by conducting a name availability search also known as a Michigan foreign entity search.

If the chosen name is not available then the foreign LLC can register an assumed name. If you are using an assumed name also known as a trade name or a DBA, then it is important to conduct a search for trademark names using the Trademark Electronic Search System (TESS). The assumed name or trade name can be registered using the Certificate of Assumed Name for Corporations, Limited Partnerships, and Limited Liability Companies. The fee for the assumed name certificate for a limited liability company is $25.

2. Registered Agent

One of the important aspects of any new business formation including a Michigan LLC foreign registration is the service of process, which is executed by a registered agent in the state. According to MI Comp L § 450.4207 (2019), a foreign limited liability company has to continuously maintain a registered agent in the state. A registered agent services offered by IncParadise will not only help fulfill state requirements like service of process but also assist with other annual compliances like filing of annual reports. IncParadise is one of the top Michigan registered agents and has helped with several foreign business registration in this state.

3. Certificate of Authority

A foreign limited liability company that wishes to transact business in this state will need to go through the process of a Michigan foreign business registration or foreign qualification. You will need to apply for and obtain a certificate of authority pursuant to MI Comp L § 450.5002 (2021). The document to be submitted is known as an Application for Certificate of Authority to Transact Business in Michigan and it has to be submitted to the Michigan Department of Licensing and Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau, Corporations Division. The filing fee is $50 (non-refundable) and you can utilize the expedited service by paying an additional fee. The Michigan LLC foreign registration will require you to submit a Certificate of Good Standing acquired from the home jurisdiction or the state of formation.

Want to form a foreign LLC in Michigan?

Need Any Assistance in Applying for Michigan Foreign Qualification?

Michigan is one of the top states when it comes to the business climate, an experienced workforce, and low cost of operations. Whether you form a domestic entity or apply for a foreign qualification in Michigan there are numerous state benefits including business incentive programs and grants. As one of the leading registered agents in Michigan, IncParadise can assist you with the process of foreign corporation registration or foreign LLC formation.

We can also help you to acquire a Certificate of Good Standing or Certificate of Existence from your home state. We provide several other business-oriented additional services in Michigan that will help in fulfilling annual compliances of your business like filing annual reports or getting an EIN tax ID. We also provide foreign qualification services in all 50 states.

Are you ready to apply for Michigan foreign Qualification?

Filing a DBA in Michigan

Date: | Category: | Author: developers

Filing a DBA in Michigan

Your business idea can make you a key player in the USA and international markets. Therefore, you would need to form a company first. One of the primary requirements of any company is its branding and for that filing a DBA in Michigan is necessary. A DBA is a type of business name that can be used by several kinds of entities. This guide has been created to provide you with insights into what a DBA is, the filing requirements, and how to manage, renew, and cancel a DBA. The guide will also answer your queries related to looking up a DBA in Michigan.

Doing Business As or DBA in Michigan

Michigan is home to several small businesses, startups, and large enterprises that operate under a variety of entity structures including LLCs, sole proprietorships, and partnerships. Whatever the entity structure, you will need to name your to register and become operational. When a new business is set up, it can use the owner’s legal name like Jenny Baker LLC. Alternatively, the company can proceed with filing a DBA in Michigan like Jenny’s Truffles and Cakes. If you are wondering how to look up a DBA in Michigan, then there is a process that you would need to follow, but first, it is important to identify the conditions under which you can use a DBA.

What is DBA in Michigan?

When we say DBA, it refers to ‘doing business as.’ A DBA (Doing Business As) is a registered business name, which is not the legal name of the owner and one can operate their company under such a name. You need to register a business name and similarly, filing a DBA in Michigan is also necessary. It is also known as an assumed name, trade name, and fictitious name. Normally, when an individual starts a business, by default their name is taken as the name of the entity. In such a scenario, if the said individual doesn’t want to use their legal name and instead chooses another name then he/she will have to fill out a Michigan DBA online application.

Example: If Sophie Smith wants to start a software business then by default the business name will be her own name. If Sophie wants to name her business as “Sophie’s Software Systems” then she will need to apply for a Michigan DBA online. When she registers the DBA, her full name will not be legally attached to the business name.

It is important to note that when choosing a DBA name and registering it with the state, you will need to ensure it is compliant with all state laws. The assumed name certificate of Michigan will be governed by the Michigan Compiled Laws – Mich. Comp. Laws § 450.1217 Transacting business under an assumed name. There are several benefits of an assumed name or DBA, which makes it easier to establish a small business including home-based startups. There are several reasons for choosing a DBA or an assumed name and some of the top reasons are:

  • The Business Structure – Sometimes the business structure plays a key role in defining the business name. If you start a small business and the entity structure is a sole proprietorship or partnership then you can use your own name or legal name. If you don’t want to use your own name then filing an assumed name certificate in Michigan becomes important. A DBA name can also be used by other entity structures like corporations and LLCs.
  • Combination of Names – As an individual or business owner, you can use your own name, the name of partners, or a combination of the owner’s name and the product or services being offered. If Susan Shaw and Jane Stewart start a business in wedding planning then the name of the business could be Shaw & Stewart wedding planners or Susan & Jane wedding events. Such a name would not require you to apply for a Michigan DBA online or offline.
  • Flexibility – If you’ve already formed an LLC or a profit corporation and want to operate multiple businesses then all you have to do is use fictitious names or assumed names instead of creating a new entity. This is possible by filing the assumed name certificate in Michigan. This option helps to minimize the cost of forming a new business.

Filing DBA in Michigan for an LLC and Corporation

A DBA (doing business as) is known as an assumed name in Michigan and is governed by the Michigan Compiled Laws. If you are planning to form a limited-liability company or a profit corporation in the state then one of the first things to do is select a business name. You can start your company using the owner’s legal name or opt for an assumed name or fictitious name. There is a specific process for filing a DBA in Michigan which includes searching for the name availability. The process as well as the fee may be different from the business name reservation process.

Do a Michigan DBA Name Search

If you are planning to register an assumed name in Michigan then the first step is to select a proper name and then conduct a DBA name search. As a business owner if you are asking yourself how do I look up a DBA in Michigan then the following ways will guide you:

  • You can conduct a “Search for a business entity” using the online system of the Michigan Department of Licensing and Regulatory Affairs (LARA). This is a part of the corporation’s online filing system and will provide the option to search through an extensive database of businesses registered or incorporated in the state.
  • You can also search for trademarks or federally registered names using the trademark database also known as Trademark Electronic Search System (TESS).

File a Michigan Assumed Name Certificate

Once you have chosen an assumed name for your business after having conducted a trade name search, the next step is to apply for a Michigan DBA online or offline. The registration of an assumed name is an important process as it will help in notifying the general public regarding the existence of such an entity, and the fact that it is conducting its business under the said DBA. The registration of the Michigan trade name is applicable for both domestic and foreign entities.

To conduct business under a DBA, you will be required to complete and file the assumed name certificate in Michigan. This form is known as the Certificate of Assumed Name for Corporations, Limited Partnerships, and Limited Liability Companies. The form has to be submitted to the Michigan Department of Licensing And Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau pursuant to Act 23 – Public Acts of 1993 and Act 284 – Public Acts of 1972. The fee for a corporation is $10, and for a limited liability company is $25. You can use the COFS (Corporations Online Filing System) for submission, send it by mail, or submit it in person at:

  • 2407 N Grand River Ave
    Lansing, MI 48906
    Telephone: (517) 241-6470

You can also register your DBA or assumed name with the County where your business is located. Alternatively, we can help you to register a DBA or assumed name for your business in the state of Michigan. It is important to be compliant with the state laws for filing a DBA in Michigan. You need to also ensure compliance with trademark laws. When you file a Michigan DBA online application with us, you will benefit from our knowledge of the process, as well as our expertise. We will provide the necessary guidance, to help you save time, minimize bureaucracy, and ensure the application is not rejected.

Register your Michigan DBA with ease!

Managing a Michigan DBA

Once you apply for a Michigan DBA online or offline, it will facilitate the ability to transact your business within the state using the said assumed name or DBA. Each state has its own laws and regulations concerning trade names or DBAs. These laws are also applicable for the renewal, changing, or canceling of an assumed name or DBA in the jurisdiction or state where you are planning to conduct your business. Let’s look at the various processes applicable to managing Michigan DBA online applications.

How to renew Michigan DBA?

An assumed name or DBA (Doing Business As) name is valid till December 31 of the 5th full calendar year following the date of name registration. So if you filed your assumed name certificate in Michigan on January 16, 2023, then it will expire on December 31, 2027. The form for a renewal is the same as the registration form, i.e., Certificate of Assumed Name. The renewal fee will be the same as the registration fee, which is $10 for corporations and $25 for limited liability companies.

How to change a Michigan DBA?

After filing a DBA in Michigan, changing the assumed name is possible, but the process will require you to contact the county in which the business is located or is operating from. You will have to file a DBA or assumed name change request with the office of the county clerk. Once you have applied for a name change, you will need to update the information on all official documents like the corporation bylaws or LLC operating agreement, business bank accounts, business licenses and permits, and you will also need to notify the IRS of name change.

How to cancel a Michigan DBA?

If you want to cancel or withdraw a Michigan assumed name or DBA at any given point in time, then it is possible through a different process. You will be required to submit the Certificate of Termination of Assumed Name with the Michigan Department of Licensing And Regulatory Affairs, Corporations, and Securities & Commercial Licensing Bureau. There is a non-refundable fee of $10 for corporations and $25 for limited liability companies.

Need Any Assistance in Filing a Michigan DBA?

The process to apply for a Michigan DBA online or offline requires you to provide accurate information while being compliant to state DBA laws and federal trademark laws. The process of conducting an assumed name search can be quite confusing and demanding. IncParadise can gladly assist you with this process. We have expertise and knowledge regarding Michigan Business Regulations and can help you with the Michigan DBA online application.

We can also provide additional services that will ensure your other business requirements are fulfilled like getting a tax id, S corporation status, and dissolutions among others.

Do you want to apply for a Michigan Assumed Name?

How to start a sole proprietorship in Michigan

Date: | Category: | Author: developers

How to start a sole proprietorship in Michigan?

A Sole Proprietorship is one of the oldest and simplest business structures. As the name suggests, this type of business has a single owner and is also known as a sole trader or simply a proprietorship. Today, most home-based businesses are also considered sole proprietorships. You can start a sole proprietorship in Michigan especially if you are a first-time entrepreneur. The operations and formation of such an entity are different from most other structures like LLCs and corporations. Hence, we have created this guide to answer your queries about how to start a sole proprietorship in Michigan. The guide will provide information concerning all characteristics of a sole proprietorship like creating a business plan, filing a DBA, tax ID, business licenses and permits, and filing taxes among others.

Sole Proprietorship in Michigan

Michigan is home to over nine hundred thousand small businesses within highly diversified and advanced industries, from cutting-edge manufacturing to next-generation transportation and automotive manufacturing. The state provides a strong infrastructure, an extensive transportation network, a highly educated and efficient workforce, technology hubs and cluster industries, and small business grants among others. If you file a sole proprietorship in Michigan then you will be able to maximize your profitability by utilizing a range of state resources.

What is a sole proprietorship in Michigan?

If you are wondering how you can start a sole proprietorship in Michigan, then first it is important to understand what type of entity you want. A sole trader or proprietorship is the easiest business structure that you can establish. This is mostly due to a lack of state laws and government regulations related to the formation of the entity. It is also known as an unincorporated business, meaning the owner is responsible for all profits earned and liabilities incurred. It has a different tax structure compared to LLCs or corporations and doesn’t require the filing of federal forms.

Important features of sole proprietorship in Michigan

Small business owners prefer to file sole proprietorships in Michigan due to the salient benefits and features this type of entity has. Some of the key features are:

  • One of the top features is that this type of entity has minimal formality. This type of entity has few state reporting requirements and fewer documents are required to start a sole proprietorship in Michigan.
  • It is beneficial, especially for small businesses like home-based entities, bakeries, small retail outlets, and consultants among others.
  • A key feature of a Michigan sole proprietorship is that unlike with a partnership or corporation, you will not be required to share the profits.
  • The business structure of a sole proprietorship is quite simple as it has a single owner.
  • When you file a sole proprietorship in Michigan, all decisions regarding management, finance, and operations will be made by the owner.
  • The tax structure of a sole proprietorship is different from that of other structures. It has to be filed through the owner’s income tax return.
  • The process of dissolution or closure of a Michigan sole proprietorship is also quite simple.

Steps to Start Sole Proprietorship in Michigan

If you are thinking about how to start a sole proprietorship in Michigan then you need first start by identifying the different requirements for a new entity. You will be required to focus on several details like finances, management, and operations. You will also need to understand the various requirements in Michigan like obtaining business licenses and tax IDs. Let’s look at some of the features that will help you run the business smoothly once you file for a sole proprietorship in Michigan.

1. Prepare a business plan

First-time business owners prefer to start a sole proprietorship in Michigan because of the simplicity of the business structure. If you want to establish this type of entity structure then one of the focal points to start with is creating an elaborate business plan. There are certain benefits to making an operational plan as it will help you identify the key strengths and weaknesses of your company. A solid business plan will provide a clear view of budgeting and other financial requirements, customers and markets, competition, sales and marketing, and also state compliances and requirements. The components of a strategic plan will vary depending on the type of business activity, structure, location, and objectives. Some of the most common features of a general business plan are:

  • Executive Summary
  • Company Description and Objectives
  • Entry and Strategy
  • Product and Services
  • Target audience and competitors
  • Short-term and Long-term goals
  • Marketing Plan and Sales Tactics
  • Financial Plan and Projection

2. Choose a Michigan business name

When you start a sole proprietorship in Michigan, one of the first requirements is choosing a business name. The name you choose for your business can build a brand or can even lead to the failure of the company. It is important to understand that a business name will communicate the nature of the business and its objectives to customers, competitors, and industry partners. Here are some easy tips to follow while choosing a business name:

  • Keep the business name as simple as possible and make sure that it is easy to spell.
  • The company name should represent your product or service like “Sarah’s Bakery”.
  • It is important to balance creative names with relevance.
  • You can use the free business name creator tools that are available on the internet.
  • Check to make sure that the chosen name is copyright free.
  • Conduct a trademark search for the chosen name.
  • If you want to take your company online then check for domain name availability.

To start a sole proprietorship in Michigan, a business name is mandatory.

3. File the Assumed business name certificate

If you want to file a sole proprietorship in Michigan then you need to select a name first. There are two types of names that your company can have:

  • Your full legal name can be used as the company name
  • You can register an assumed business name or DBA

A DBA or “doing business as” (DBA) name, is also known as a trade name, fictitious name, and an assumed name. This name is chosen by sole proprietors who don’t want to use their full legal name.

For example: Your name is Jason Hicks and you want to start a Michigan sole proprietorship as an IT Consultant. You can use your own name like ‘Jason Hicks IT Consulting.’ Alternatively, you can choose to use a name like “Hick’s consulting”. In such a scenario, Hick’s Consulting will be considered as an assumed business name or DBA. You will be required to conduct a name availability search.

If the said name is available then you can file the certificate of assumed name with the Michigan Department of Licensing and Regulatory Affairs (LARA). We, at IncParadise, can also help you with the process of filing your DBA in Michigan.

Do you want to start a sole proprietorship in Michigan?

4. Get EIN

An EIN or Employer Identification Number is an important requirement for most businesses as it aids with filing taxes. It is also required for opening business banking accounts. Once you file a sole proprietorship in Michigan, you will need to file all the income and expenses using an individual tax return. This tax return is normally filed using the Social Security number (SSN) but you may need an EIN in certain scenarios. You will need to apply for an Employer Identification Number if your company meets the following criteria:

  • The sole proprietorship hires employees
  • If you have a Keogh plan
  • The company opens a business bank account
  • If you are required to file excise tax returns
  • When you convert or change the entity structure from sole proprietorship to partnership or LLC
  • Filing Chapter 7 (liquidation) or Chapter 11 (reorganization) bankruptcy

You can apply for an Employer Identification Number (EIN) with the Internal Revenue Service (IRS).

5. Obtain necessary licenses and permits

If you are thinking of setting up a sole proprietorship company in the state of Michigan then there are several requirements that you need to be compliant with. One of the most vital requirements apart from the assumed name certificate in Michigan is obtaining the appropriate business licenses and permits. The relevant licenses and permits will help keep your business operational. Business licenses in the state can be categorized as under:

  • Industry-based business licenses
  • City or County licenses and permits
  • Professional or occupational licenses
  • Regulated licenses
  • Zoning permits
  • Other local permits

When you file a sole proprietorship in Michigan, your company may require any one of the above categories of licenses and permits or multiple licenses from different categories. The requirement for these licenses will vary depending on the primary business activity, location, industry, and occupation. The licenses and permits are overseen by the Michigan Department of Licensing and Regulatory Affairs (LARA) and issued by different agencies like the MSP/Commercial Vehicle Enforcement Division is responsible for issuing licenses and permits for delivery service carriers involved in intrastate commerce.

Similarly, local licenses and permits are issued by city departments or the office of the county clerk. It is quite an intricate task to identify the relevant licenses when you start a Michigan sole proprietorship. This is where our Business License Research Report service can provide the necessary guidance and aid. This is a detailed research report that contains a list of filing instructions, supporting document requirements, and fees for all business licenses and permits.

6. Open a bank account for your Michigan business

A bank account is one of the most important requirements for individuals and businesses when it comes to providing financial security and money management. One of the common mistakes committed by sole traders or proprietors is that they operate the business using their personal account and this makes filing their taxes very complicated. The advantage of having a business bank account is that it will keep your personal income and expenses separate from your business gains and expenses. There are several other benefits to having such bank accounts, like the flexibility in terms of accepting debit and credit card transactions from customers. You can open a business bank account before or after you start a sole proprietorship in Michigan.

You can open a business account online with Cheqly and take advantage of their services. Cheqly is our partner organization. They not only offer banking access from anywhere but they also facilitate fund transfers locally as well as internationally. It is a full-stack neobank for small businesses and startups.

7. Report and pay taxes

When you start a sole proprietorship in Michigan, there are certain state regulations and compliances that you need to meet. Keeping up with your taxes is another critically important annual state compliance to keep in mind. A sole proprietorship or sole trader is operated by a single owner therefore, the tax structure is different from the tax structure of corporations or LLCs. Normally, such an entity does not have any business tax and instead, the owner has to file personal income tax. In the state of Michigan, the individual income tax rate is 4.25 percent. Apart from this, depending on the business activity, you may be required to file a sales tax of 6 percent.

Ready to Start a Sole Proprietorship Business in Michigan

You no longer have to worry about how to start a sole proprietorship in Michigan as it is one of the simplest business structures. Unlike several other forms of businesses, a Michigan sole trader entity is not required to register with the state. However, there are several state requirements including annual compliances that such a business would have to fulfill to operate and enjoy a good standing with the state.

IncParadise, one of the top registered agents in the state can provide guidance and expertise to help you start a sole proprietorship in Michigan with ease. We also offer a wide variety of additional services like filing a DBA, and getting an EIN, among others.

Do you want to file a sole proprietorship in Michigan?

How to get a business license in Michigan

Date: | Category: | Author: developers

How to get a business license in Michigan?

Michigan is gradually becoming extremely popular amongst entrepreneurs as it offers a pro-business climate and a vibrant economy. It is home to a variety of industries including diversified manufacturing operations, a robust food and agricultural system, high automotive manufacturing strength, a good technology environment leading to legendary innovations, and semiconductor industries among others. You can form a new business in any of these industries by obtaining a Michigan business license. This guide will provide you with all the information related to the different types of Michigan business licenses and permits, the issuing authority, and how you can obtain them.

Business License in Michigan

Every business operating in any state in the nation is required to obtain some form of license or permit. If you start a company in Michigan then you will need to obtain a Michigan business license. There are many types of licenses that may be applicable and the licensing requirement in this state would be different from other states. A business license or permit can be issued to individuals as well as to both domestic and foreign businesses. The importance of a Michigan business license lies in the fact that without it, you will not be able to operate your business or facilitate transactions in the state. Michigan has its own specific licensing laws, regulations, fees, and renewal requirements. An individual or a company may require one or more licenses or permits to operate in the state.

What business license do I need in Michigan?

Michigan is home to an abundant workforce and offers a wide variety of business resources for those planning to form a startup in the state. First, you will need to apply for and obtain a Michigan business license to make your company operational. Licenses can vary according to business activity and location. Therefore, it is important to conduct a Michigan business license search. It is important to note that there are no general licenses in the state and not all businesses require licenses and/or permits.

The state has a dedicated portal for licenses and regulations known as the “State License Search”. You can search the portal for Michigan business licenses and permits based on industry and state departments like the Food Service License or the Michigan Department of Agriculture and Rural Development. You can also search using specific professions or occupations. There is another category of licensing applicable called county licenses which depend on the city or county where your business is located. You can conduct a Michigan business license search by visiting the respective county or city page e.g., if you start a business in Lansing City, MI then you will find all relevant licensing information as well as Lansing City Code and ordinances on the city clerk portal.

Steps to Apply for a Michigan Business License

The process of conducting a Michigan business license search can be quite arduous especially when it comes to identifying the type of permits specific to your business. Hence, we have created a list of Michigan business licenses and permits as well as requirements, so it becomes easier for you to understand how they can be obtained.

1. Search for necessary Michigan general business licenses

One of the most common types of business licenses is a general license, and it is applicable in several states. The state of Michigan doesn’t have the provision for a single general operating license or permit for businesses. The primary Michigan business license is one based on the industry your business is classified under. Let’s look at an example to understand this:

Example: You are planning to establish a transportation network company in Michigan. You will be required to apply online in order to obtain a Michigan business license. You will need to use the Michigan Commercial Licensing, Enforcement and Regulation System (MiCLEAR) to apply for the same.

You can conduct a Michigan business license search using the Department of Licensing and Regulatory Affairs (LARA) portal. This is also known as a “State License Search” and it will help you identify licenses issued by the state department.

2. Obtain applicable federal licenses

Most small businesses or large enterprises require state business licenses and local permits but some specific industries or areas are governed by the Federal government and may require you to apply for a Federal license. If your business falls under any of the following industries then you will need to contact the respective federal agency for obtaining a license.

  • Drug Manufacturing – You will need to contact Food and Drug Administration (FDA)
  • Selling of tobacco, alcohol, or firearms – Licenses are issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (AFT)
  • Investment Advising – You need to approach the Securities and Exchange Commission (SEC)
  • Broadcasting – The Federal Communications Commission (FCC) governs these licensing requirements
  • Preparation of meat products – Licensing requirements are overseen by the Food and Drug Administration (FDA)
  • Ground transportation – You need to obtain a license from the Department of Transportation (DOT)

3. Search for local or county licenses and permits

Once you form a business in Michigan, the city or county your business is situated in will also define the type of license required. The types of licenses, fees, and local ordinances applicable will vary depending on the city or county. Let’s look at an example to understand how you can obtain a Michigan business license at the county or city level.

Example: The physical address of your company is in Detroit, MI. Now, if your business falls under any of the categories mentioned by the city then you will need to obtain a local Michigan business license and permit. The categories are Amusement, Consumer Services, Food Services, Gas Station, Lodging, Motor Vehicle for Hire, Night Club, Retail, Second Hand Sales, and Vendors among others. Now, if you want to start a hotel or public lodging then you will need certain clearances from the Detroit Health Department, Fire Marshal Division, and Treasury Clearance. You will also need to apply for a Commercial Certificate of Compliance. Once you have all these clearances, you will be able to apply for a Michigan business license under the Lodging Category. The fee will vary according to the type of hotel and number of rooms like if you were to start a hotel having 1-50 rooms then the fee will be $345/year and if you start a Public Lodging House then the fee is $223/year.

4. Check for professional licenses

Of the many licensing classifications, one of the more significant types of licensing classifications is professional licenses. This License is governed by the Bureau of Professional Licensing (BPL). A Professional Michigan business license is divided into two categories and they are:

  • Health Licensing – This area focuses on issuing licenses based on a specific health profession. Some of the common professions include Acupuncture, Occupational Therapy, Behavior Analysts, Pharmacy, Genetic Counseling, Veterinary Medicine, Psychology, Nursing Home Administrator, and Dentistry among others. You will need to apply online using the Michigan Professional Licensing User System (MiPLUS) for the appropriate license or permit.
  • Occupational Licensing – The distribution of Occupational Licenses is governed by the Michigan Occupational Code. There are several categories of occupational professions for which you will need to obtain a Michigan business license. Some of these categories include Accountancy, Appraisal Management Companies (AMCs), Real Estate Brokers, Professional Surveyors, Personnel Agencies, Professional Engineers, and Collection Agencies among others.

5. Obtain any other necessary Michigan licenses and permits

The type of business activity will also define whether you need to apply for a Sales Tax License or not. This is a type of Michigan business license required by businesses or individuals planning to sell tangible personal property. The type of business activity can vary from retailing to a variety of services. There is no fee for a sales tax license.

6. Obtain home-based business licenses if required

Home-based businesses are gaining popularity due to several factors with low cost being a primary factor. If you are planning to start a business from home then it may be subject to some business laws as well as state regulations. Most home businesses are normally sole proprietorships, while some may even be partnership firms. When you operate from your home, the type of Michigan business license and permits required may also vary depending on the business activity. You might have to apply for temporary licenses and permits or even occupational licenses. For this reason, it is essential to conduct a proper Michigan business license search. Here are some details to focus on:

  • You need to be aware of local zoning regulations and obtain the necessary clearances as any violation can lead to fines or even the closure of businesses.
  • You may require local licenses for which you will need to check with the County Clerk’s office or the licensing departments of the city where your business is located.
  • The licenses required by a home-based business will depend on the business activity. The following example will provide more clarity.

    Example: If you are an event planner starting your business from home then you may require both yearly and temporary permits and licenses. You will first need to obtain an event planning certification. It is necessary to obtain a Michigan business license depending on factors connected to a specific event like serving alcohol, food preparation and the selling of food, outdoor events, outdoor structures, live entertainment, and large gatherings. If your event has outdoor structures then you will need a building permit and need food licenses from the city’s Department of Health.

7. Renew and maintain licenses

Once you have obtained a Michigan business license, it will remain valid for one year. It is important to note that temporary licenses and permits are required for specific purposes and events and therefore do not require renewal. The licenses issued by the state, or city will need to be renewed to ensure the business operations are not interrupted. Some professional and occupational licenses also need to be renewed annually like the Personnel Agency licenses, which expire each year on December 31st. You can renew Michigan business licenses and permits online using the Michigan Professional Licensing User System (MiPLUS) or the Michigan Commercial Licensing, Enforcement and Regulation System (MiCLEAR).

Local license renewal dates may vary, and you will have to renew them with the county or city that has issued them. If you fail to renew the licenses and continue to operate your business without a valid license then you may acquire penalties, with each violation constituting a separate offense. That is why IncParadise offers a “Business License Research Report” service to ensure that you can obtain the required licenses. This research report contains a list of filing instructions, supporting document requirements, and fees for all business licenses and permits for your company in Michigan.

Need any Assistance in Obtaining Your Michigan Business License?

If you are planning to start a new business in the state of Michigan then it is absolutely essential to obtain a Michigan business license. The types of licenses and permits can vary depending on the location of your company and activity. The Michigan business license search, application, fee, and renewal processes, and requirements are different for each type of license and are detail-oriented.

We, at IncParadise, can guide you toward obtaining the necessary business licenses and permits. We also provide additional services to new and existing Michigan businesses like EIN Tax ID and Foreign Qualification among others.

Do you need help with a Michigan Business License?

Michigan Business Name Search

Date: 03/31/2023 | Category: | Author: developers

A Guide to Michigan Business Name Search

When you are thinking of starting a new business, one of the first and most important requirements is choosing the right business name. This name will be the primary identifier for your company in the industry, at markets, with vendors, and with consumers. Choosing a name involves a process that involves a crucial component known as the Michigan business name search. This is also known as an entity search which may sound confusing to a first-time entrepreneur. Hence, we have created this guide to help you understand the importance and process of the business name search, the naming rules, and the various options available to check Michigan business name availability.

Michigan Business Entity Search

Legally creating a business entity includes selecting an appropriate company name and conducting a Michigan business name search. It is essential to choose a name that befits your company or business activity. It is important to focus on a unique and memorable name that will help your company stand apart from your rivals. Since the company name needs to be distinct, here are some tips to help make choosing the right name easier:

  • Choose a name that is easy to remember
  • You can use business name generators online
  • Try to choose a name that is not limiting in terms of business expansion
  • You can be creative with a company name
  • A name that conveys meaning or purpose is recommended
  • Use a variety of online resources for brainstorming company names
  • Follow the Michigan business name rules and guidelines

What is a Michigan business name search?

If you’ve decided to establish your startup in the state of Michigan, then conducting a Michigan business name search using the Corporations Online Filing System (COFS) can be quite helpful. Each state in the USA has a process for making information concerning business entities searchable. The governing authority for such a search varies from one state to another. For example, in some states, the entity search is facilitated by the office of the Secretary of State. If you want to conduct a Michigan business entity search then this will be facilitated by the Michigan Department of Licensing and Regulatory Affairs (LARA).

Let’s look at an example to understand the concept and process of a Michigan business name search.

Example: You want to establish a new company in Michigan. The said business is a travel agency or tour operator in Ann Arbor, Michigan. You want to name it “Ann Arbor Travel”. Once you have chosen this name then the next step is to visit the website of the Michigan Department of Licensing and Regulatory Affairs (LARA) – Search for a business entity. When you check for Michigan business name availability then it will bring up a profit corporation with the same name and active status. This means you will not be able to use this name. Now if you change the name to “Ann Arbor Travel and Tours” and conduct the Michigan business name search again then it will show the availability of the said name.

Naming your Michigan LLC

Once you have a business plan in place, it is important to focus on naming your business. A company name is considered to be the primary business identification for that business. Therefore, you must take plenty of precautions when choosing a name. You can use the help of business name generators or similar tools and conduct an online Michigan LLC name search to determine the appropriate name. A business name carries a lot of weight and it is important to remember that it takes anywhere from 5 to 8 impressions for your future customers to remember the name. Let’s look at the two important points to consider when it comes to naming your limited liability company.

General LLC naming rules

One of the most important details to consider when naming your company is the Michigan business name rules and regulations. The naming and reservation of an LLC are governed by Act 23 of 1993 Michigan Limited Liability Company Act, MI Comp L § 450.4205 (2020). The general rules for an LLC name are:

  • It should have words like Limited Liability Company or abbreviations like LLC or L.L.C.
  • Names should be distinguishable and not contain words or abbreviations like Incorporated, or Inc.
  • The LLC should not refer to specific services like medical practices, attorneys, or even banks without obtaining the necessary licenses or permissions
  • You need to also check the restricted word list for specific industries or professions

If you follow the state naming guidelines then it will not only enable you to conduct a Michigan LLC name search properly but will also ensure your chosen name is not rejected.

Search LLC business name availability on the state’s Department of Licensing and Regulatory Affairs website

Once you have successfully conceived a name for your limited-liability company based on Michigan business name rules, the next step is to conduct an availability search. The Michigan Department of Licensing and Regulatory Affairs (LARA) offers an online option to conduct a Michigan LLC name search. The following examples are of the different ways to search:

  • Search by Entity Name – This is the most common form of a Michigan business name availability search. This search is especially meant for new domestic and foreign entities. You can search for a name that begins with, exact match, keyword, and Soundex. Let’s look at an example to understand this process.

    Example: If your chosen name is “MOMLIFE APPAREL” and you conduct a search in the database for Michigan business name availability using just MOMLIFE APPAREL or MOMLIFE APPAREL LLC then it brings up a company that is active and based in Troy, MI. Now, if you tweak the name a little and make it MOMLIFE APPARELS then the Michigan LLC name search reveals that the name is available for reservation.

  • Search by an Individual Name – The second option is to search using an individual name. An individual name here can be the name of a resident agent, member, officer, or owner among others. This option can also be used for a Michigan LLC name search. As an example, if you type the word ‘Mark’ and search, then it will bring up 10,000 records in the database.

The remaining search options are to Search by Identification Number and Search by Filing Number. These are normally applicable for existing businesses that want to check their active status or for those looking for specific entities.

Do you want to form an LLC in Michigan?

Naming your Michigan Corporation

When we refer to a new company formation, branding and marketing, sales, banking, and customers there is one characteristic that connects them all and that is a company name. Your business name will help you in setting the overall brand image and tone where the customer expectation is concerned. These days there are plenty of online tools or business name generators available that can help you in generating a short, yet powerful name that is relevant to the ideology or goals of the company. This will help you quickly come up with a name so that you can conduct a Michigan Corporation name search. Let’s look at several of the details to consider when naming your new corporation.

General Corporation naming rules

One of the focal points of naming a corporation is following the state guidelines or Michigan business name rules and regulations. The naming of a profit corporation is governed by 2020 Michigan Compiled Laws, Chapter 450 – Corporations, Act 284 of 1972 Business Corporation Act (450.1101 – 450.2099), MI Comp L § 450.1211 (2020). The general naming rules for a profit corporation in Michigan are:

  • It should have words like “Corporation,” “Incorporated,” or abbreviations like Corp. or INC.
  • The name should be unique and should not imply that the said corporation has been organized for any purpose other than what is outlined in the articles of incorporation.
  • According to Michigan business name rules, certain words cannot be used like “security,” “industrial bank,” “trust company”, or “surety.”
  • You need to also check the restricted word list for specific industries or professions.

If you make sure that your chosen business name is compliant with the Michigan naming guidelines then it will help you to conduct the Michigan Corporation name search more fruitfully. Secondly, the chance of the chosen company name getting rejected will be minimized.

Search Michigan Corporation name availability in the state’s Department of Licensing and Regulatory Affairs website

Once you have identified a name for your corporation in compliance with the Michigan business name rules then the next step is to conduct a Michigan Corporation name search. This name availability search is facilitated online by the Michigan Department of Licensing and Regulatory Affairs (LARA). There are different ways to conduct the name search and they are:

  • Search by Entity Name – This is the foremost option for Michigan Corporation name search. This search can be used by both domestic and foreign entities. You can think of any name and then apply search criteria like exact match, begins with, soundex, and keyword. Let’s look at an example to understand this process.

    Example: The name chosen for your corporation is “WALKER MANUFACTURING”. Now if you conduct a Michigan Corporation name search in the database using just WALKER MANUFACTURING or WALKER MANUFACTURING INC. then it brings up a company that is active and based in Wyoming, MI. Now, if you tweak the name a little and make it WALKERS MANUFACTURING or WALK MANUFACTURING then it shows the said Michigan business name availability. Now you can file the Application for Reservation of Name.

  • Search by an Individual Name – Another Michigan Corporation name search option is where the name of an individual can be the name of a resident agent, director, and president among others. This option can also be used for identifying Michigan business name availability. As an example, if you type the word ‘Godfrey’ or ‘Irwin’ then the search reveals 636 and 934 names respectively in the database.

There are two more search options, which are Search by Identification Number and Search by Filing Number. These search options are used by existing businesses and registered agents to check a variety of information like the active status or the filing of annual reports.

Are you thinking of registering a Corporation in Michigan?

Need any Assistance in Michigan Business Name Search?

A business name is the face of a company. Therefore, it is important to conduct a Michigan business name search while maintaining compliance with all state naming guidelines. The Michigan business name availability will help you to proceed with name reservation and also facilitate other processes like the filing of formation or incorporation documents, banking, issuance of licenses, and filing of taxes among others. The entire process of entity search may seem complex, if so then IncParadise can provide meaningful assistance.

We are one of the leading business formation service providers in Michigan. We can help you to conduct a Michigan business name search and provide the details of such a search. If you are planning to or forming a corporation or an LLC in Michigan, then we can help you with business related processes like the new entity registration. We also offer a host of additional services that will help you comply with annual requirements.

Do you want to start a new business in Michigan?

Michigan LLC and INC Annual Filing Requirements

Date: 04/11/2023 | Category: | Author: developers

Michigan LLC and INC Annual Filing Requirements

To start a new business in Michigan you must first choose the right entity structure. Whether you form a limited-liability company or a professional corporation, you will be required to file an annual statement. If you are wondering how to file an annual statement in Michigan, then this article will help you. It will provide an insight into the many facets of an annual statement including the importance of this report, the Michigan LLC annual requirements, the filing process, the due date, and the fees among others.

Michigan LLC Annual Filing Requirements

The chosen structure is a determining factor when it comes to the business formation process as well as state annual requirements. Michigan, like any other state in the USA, has certain annual requirements that every business must be compliant with. One of the key requirements is the Michigan LLC annual statement. The annual statement is another name for the annual report. This document contains comprehensive information concerning the financial standing of a company. Generally, an annual report includes the overall financial performance of the said LLC along with the various activities undertaken in the prior fiscal year. The Michigan LLC annual requirements will be different for domestic and foreign LLCs.

Michigan LLC Annual Statement

Most forms of businesses including LLCs have to be compliant with state laws including filing an annual report in Michigan. The annual report is known by many names such as, “statements of information” and “yearly statements”. The information required can vary from one state to another. The Michigan LLC annual requirements are governed by the 2020 Michigan Compiled Laws, and the filing of the annual statement will be in accordance with MI Comp L § 450.4909 (2020).

What does it include and how to file?

An LLC annual statement is a document that provides the state with updated information on the said entities operating in the state. If you are wondering how to file an annual statement in Michigan, it can simply be submitted online or by mail. According to the Michigan LLC annual requirements, you may be required to provide the following company information:

  • Business name
  • Entity ID (LARA)
  • Principal Office street address
  • Registered agent information
  • Purpose and Activities

When you file an annual statement, it is important to ensure that the information provided as a part of the Michigan LLC annual requirements, is current and accurate.

What is the due date for filing?

As a limited liability company, filing an annual report in Michigan is an important step toward maintaining an active status in the state. The annual statement must be filed by the 15th of February each year. If the registration of your LLC has taken place after September 30 in a given year, then you can skip the Michigan LLC annual requirements in the first year. The filing fee for the Michigan annual statement is $25.

For Example: If you registered or formed your limited liability company on April 22, 2022, then the Michigan LLC annual statement will have to be filed by February 15, 2023. Similarly, if your LLC was registered on October 22, 2022, then you don’t have to file the annual statement in 2023. You can file it by February 15, 2024.

Do you want to file an Annual Statement for your LLC?

Penalties if fail to file

The Michigan LLC annual statement must be filed by the 15th of February each year. It is an important annual state requirement. Failure to file by the due date will lead to penalties. There is an initial penalty of $50. If you fail to meet the Michigan LLC annual requirements for 2 consecutive years, then an administrator’s notice will be issued and the company will be regarded as “not in good standing” with the state.

By hiring IncParadise to be your Michigan Registered Agent you will then be able to benefit from using our entity management software. This software will send email notifications a month before the due date for filing an annual report in Michigan. Hence, you will be able to order it in advance and prevent any penalties.

Michigan INC Annual Filing Requirements

An annual report, also known as the Michigan annual statement, is a key business document. The annual statement is one of the integral Michigan Corporation annual requirements. This report is required to be filed by various types of businesses including domestic and foreign corporations. The report has to be filed with the Michigan Department of Licensing and Regulatory Affairs (LARA) – Bureau of Corporations, Securities & Commercial Licensing – Corporations Division. The requirement and the contents of an annual report will vary depending on the type of entity and the jurisdiction or state of formation. If you are wondering how to file an annual statement in Michigan, then you need to know that there is a process to file.

Michigan Annual Report for a Corporation

If you have already or recently registered a corporation in the state then you will need to maintain all Michigan Corporation annual requirements including filing your annual statement. Domestic corporations and foreign corporations will have to file their annual reports pursuant to 2020 Michigan Compiled Laws, Chapter 450 – Corporations – MI Comp L § 450.1911 (2020).

What does it include and how to file?

Filing an annual report in Michigan is important but the contents of the annual statement may vary from one state to another. It is not a financial statement but it may contain financial information concerning the said company. As a part of the Michigan Corporation annual requirements, the following information is required in the report:

  • Business name
  • ID number as assigned by LARA
  • Name and address of the registered agent
  • Statement of business purpose or general nature
  • Names and addresses of officers and directors
  • Signature and title of the person filing the report

It is important to ensure that the information provided in the report is current and accurate. Filing an annual report in Michigan for a corporation can be done online as well as through the mail or in person.

What is the due date for filing?

Once you’ve incorporated in the state, your company will need to be compliant with all Michigan Corporation annual requirements. Filing the annual statement will ensure your compliance and help your corporation to maintain an active status with the state. Filing an annual report in Michigan for a corporation requires you to be mindful of the due date, which is the 15th of May each year. The filing fee for the Corporation annual report is $25.

For Example: If you incorporated your company on June 10, 2022, then according to Michigan Corporation annual requirements, you will need to file the report by May 15, 2023.

Filing an Annual Report for your Corporation is easy!

Penalties if fail to file

Filing an annual report in Michigan by the due date is of vital importance. Failure to file the statement may lead to fees and penalties. According to Michigan Corporation annual requirements are governed by MI Comp L § 450.1921 (2020). Neglecting, failing, or refusing to file the annual statement will lead to a penalty fee of $10.00 for each month that the corporation is delinquent, and will not exceed $50.00. If a corporation is unable to file the annual statement for a period of 2 years then it will be dissolved 60 days from the date of the expiration of the 2-year period pursuant to MI Comp L § 450.1922 (2020).

Other Filings Requirements

The annual report or annual statement is one of the most important corporation or Michigan LLC annual requirements, but it is not the only annual requirement. Each state requires new and existing companies to remain in good standing with the state. This is only made possible by fulfilling all annual state requirements. In Michigan, other filings or requirements include state and business taxes. The business taxes are normally due on April 30th or by the end of the fourth month after the end of a tax year. Apart from this, you may also need to renew your state business licenses and county licenses annually.

Need any Assistance with Filing Michigan LLC or INC Annual Reports?

Annual compliances are different in each state of the USA. Therefore, the Michigan Corporation annual requirements might not be similar to Florida to Kansas. An annual compliance consists of business or state taxes, and filing an annual report in Michigan. If you choose us as your registered agent in Michigan then we can assist you with any information you may require related to the annual report. We can also help you avoid penalties by filing it by the due date.

IncParadise is an expert in new business formation services and understands that each business has different requirements. We are also well-versed with state laws regarding Michigan annual compliances. IncParadise can help you with your Michigan LLC or INC annual filing requirements. We also offer many additional services for Michigan businesses like EIN, certificate of good standing, and foreign qualification among others.

Need assistance with filing the Michigan Annual Report?