If you already have an LLC in another state and want a Michigan LLC in Michigan, 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 Michigan.
On this page, you’ll learn about the following:
- Forming an Michigan Foreign LLC
- Steps to Filing Michigan Foreign LLC Online
- After Forming Michigan Foreign LLC
Forming an Michigan 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 Michigan, you need to register it with the Michigan Corporation Division.
Step 1: Choose Michigan Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Michigan Corporation Division. Your LLC’s legal name outside of Michigan will be listed on the application, along with the name it will use in Michigan. Take note of the requirements for naming your LLC.
Step 2: Select Michigan Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in Michigan and take note that a Michigan 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 Michigan Foreign LLC
Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to Michigan Department of Licensing and Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau — Corporations Division, P.O. Box 30054, Lansing, MI 48909.
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 Michigan
- Date when your LLC will start operations in Michigan.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in Michigan, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your Michigan Foreign LLC is taxed
Foreign LLCs are also subjected to the Michigan 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 Michigan Foreign LLC Online
Time needed: 5 minutes.
When you are registering for the foreign LLC in the State of Michigan, you will have to submit your Application for Registration of foreign LLC with the Secretary of State which costs $50. After approval, you will receive a Verification Certificate from the State Office. The State offers offline as well as online filing options. We have explained the aspects you need to cover when you apply for Michigan Foreign LLC.
- Go to the Official State of Michigan website
Visit the Corporations Online Filing System on the Secretary of State website. The portal offers a one-stop solution to all business filings and information.
- Select the Online Form
Scroll down the page to the Online form sections. Select the link ‘760 – Application for Certificate of Authority to transact Business in Michigan’ under the heading Foreign Limited Liability Company.
- Proceed to fill in the details
On the following page, start to fill in the needful details in the proper blank spaces provided in the online form. In the first section, provide the name of your Limited Liability Company.
- Original Country of Establishment
In the next section, provide the details about the country and state of the original establishment of your limited liability company. Also, provide the details of the date of the organization. Next, in case your LLC does not aim to have a perpetual establishment in the target State, provide the duration of the company.
- Details of the office
In the succeeding section, provide the street address of your office that is to be maintained in the State of Organization.
- Details of the Registered Agent
In the next section, provide the details of your resident agent, such as name, street address, and the registered office mailing address.
- Effective date
If the effective date of operation is different from the date of filing, mention the exact date from which the business shall become effective in the State of Michigan.
- Details of the administrator
In this section, provide the details of the manager, such as the name and address to whom the State documents shall be addressed to.
- Details of your business LLC
In the final section, provide the details about the nature of the business your Limited liability company intends to carry in the State of Michigan.
- Certificate of Good Standing
Attach the Certificate of Good Standing issued by the relevant authority in the State of Original Establishment stating that your LLC is in good standing under the laws of the jurisdiction of its organization. The Certificate should not date earlier than 30 days prior to the date of receipts in this office.
Add the signature of the person in authority. Mention any special instructions that might be applicable to your application.
- Submitter’s details
Enter your details, such as Name, Business name, mailing address, phone number, and email.
- Review the information
Before making the payment, review the information provided in the application carefully to be accurate and correct to your knowledge to avoid any future rejection.
- Make the payment
After reviewing the application, proceed to make the payment of $50. If you wish to expedite the process, accordingly pay the additional fees. Next, submit the application.
You can also submit the application offline via mail. Download the Application Form PDF. Fill in the required details. Make the check or money order of $50 payable in the name of the State of Michigan. Attach all the documents and submit them to the following address: Michigan Department of Licensing and Regulatory Affairs Corporations, Securities & Commercial Licensing Bureau Corporations Division P.O. Box 30054 Lansing, MI 48909. You can also deliver the application in person to the address, 2501 Woodlake Circle Okemos, MI.
After Forming Michigan Foreign LLC
Here are added things you need to accomplish after forming your Michigan 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.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in Michigan.
How Much Does It Cost to Register a Foreign LLC in Michigan
To register as a foreign LLC in Michigan, you can file through mail by paying $50 to the Michigan Department of Licensing and Regulatory Affairs
When you want to start a business in Michigan, you need to be registered with the state’s Corporations Division. There are two basic steps in registering a foreign LLC: filing an Application for Certificate of Authority to Transact Business in Michigan and appointing a registered agent in Michigan. The registered agent serves as the LLC’s representative and accepts service of process. The application process is relatively simple and takes just five to seven days. However, there are a few things that you must consider before filing your application.
The first step in registering a foreign LLC in Michigan is choosing the name for the business. You should choose a name that is distinct from other Michigan entities. In addition to the legal business name, a foreign LLC may also choose to use an assumed name. While this is not necessary, it may help your foreign LLC stay on brand and avoid confusion with other Michigan businesses. You can file an Application for Certificate of Assumed Name in Michigan through the LARA for $25.
Another important step is to apply for a Certificate of Good Standing. This document will prove that your LLC is legitimate. You can submit this certificate online, by phone, or through the mail. When submitting the application, make sure you make the payment to the State of Michigan. You can pay with a credit card if you prefer.
Besides choosing a name, it’s important to select a resident agent. This is the person who will receive important documents for your foreign LLC. This individual must reside in the state and be at least 18 years old. Additionally, he or she must be available to receive mail during normal business hours.
The fee for forming a Michigan LLC is $50. The state’s Department of Licensing and Regulatory Affairs also requires you to file an annual report and statement. If you fail to file these forms on time, you’ll be charged a $50 penalty.
In order to successfully register a foreign LLC in Michigan, you will need to select a name for the company. If the name you want is already in use, you’ll need to choose a different one. You can use a search engine to find whether the name you’re choosing is available for registration.
You’ll also need to pay for certified copies of documents. You’ll need to pay between $50 and $100 for these documents, depending on the number of pages and the size of your request. You can also choose to have your documents expedited, which could cost an extra $100 or so. Finally, be sure to draft a business operating agreement before you file for an LLC. Even if you’re not required to file one, it’s recommended.
When forming an LLC in Michigan, you will need to pay taxes on any income you make. If you employ workers, you will also need to pay payroll and self-employment taxes. You’ll also need to pay Michigan’s unemployment tax.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Michigan.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in Michigan as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in Michigan 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.