Foreign Qualification
If you have a corporation that has as its home state any state other than Massachusetts, in order to physically set up shop in Massachusetts as a corporation you will need to complete the foreign qualification process in Massachusetts. While this type of arrangement does not necessarily apply to online businesses that might sell their products to customers in Massachusetts from another state, the foreign qualification process does apply to businesses wanting to set up a physical location in Massachusetts.
The Steps outline below offer a clear, concise method to getting your business qualified to operate in Massachusetts through the Foreign Qualification process.
Step One – Is Your Current Business Name Available in Massachusetts?
Before relocating your business to Massachusetts make sure that the name you currently use for your business is available for your business in Massachusetts. This is easily done by going to the Massachusetts Secretary of State’s website and clicking on the link for corporate business search. Performing this what search will allow you to easily see whether or not your business name is available as you will be sifting through the Massachusetts Secretary of State’s Office database…if your current business name does not pop up in your search, you can use that name in Massachusetts for your corporation.
Step Two – Obtain a Letter of Good Standing
Order a letter of good standing or the equivalent from your home state. The home state being the state that your business is registered in. In most States obtaining a letter of good standing is easily done and takes about 1 to 5 business days and costs under $100. To remain in good standing with your state, the corporation needs to be filing its annual fees at a minimum. If annual filings are complete a letter of good standing should be no problem for your state to issue to you in relatively short order. Once the letter of good standing is acquired, move on to Step Three.
Step Three – File with the State of Massachusetts
File the appropriate form with Massachusetts Secretary of State’s office.
- If the business is an LLC registered in a state other than Massachusetts, file a Foreign Limited Liability Company Application for Registration as required by M.G.L. Chapter 156C, §48
- If the business is a PLLC registered in a state other than Massachusetts, file a Foreign Professional Limited Liability Company Application for Registration as require by M.G.L. Chapter 156C, §48.
- If the business is a corporation registered in a state other than Massachusetts, file a Foreign Corporation Certificate of Registration as required by M.G.L.A. c156D § 15.03
- If the business is a Limited Partnership registered in a state other than Massachusetts, file a Foreign Limited Partnership Application for Registration as required by M.G.L. Chapter 109, § 49.
- If the business is a Limited Liability Partnership registered in a state other than Massachusetts, file a Foreign Limited Partnership Application for Registration as required by M.G.L. Chapter 109, § 49.
Most of these applications will require you to submit your letter of good standing to the Secretary of State. The letter of good standing should be valid and current within 60 days of the date of your filing.
Appoint a Registered Agent
While you may use a registered agent who is a member of your company, there are many services and attorneys and others who act as registry registered agents for LLC’s and corporations in Massachusetts. Click here to acquire the registered agent.
DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.
