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@example.com 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 deciding to incorporate in another state, many entrepreneurs ask, “How much does it cost to register a foreign LLC in Michigan?” In order to register your foreign LLC with the state of MI, you must complete the Application for Certificate of Authority to Transact Business in Michigan. To apply, you must attach a copy of your Certificate of Good Standing from your home state. If your foreign LLC already has an operating agreement, you may be surprised to learn that this document is not required in Michigan.
If you are a foreign-based corporation, you can either register it yourself or hire a resident agent to handle this process for you. This service usually costs between $50 and $150 per year. If you do decide to register your foreign-based LLC in Michigan, you must remember that you’ll need to establish a physical presence in Michigan. This can be a storefront, office, warehouse, or distribution center. Depending on the size of your company, you may need to pay business-specific taxes in Michigan.
Once you’ve decided to form a foreign-based LLC, you must get qualified in Michigan to conduct business there. This is important, because if your foreign LLC doesn’t qualify, it won’t be able to do business in the state. You must also register a registered agent with the state in order to avoid being fined. The penalties for failing to get the Certificate of Authority for your foreign LLC are also very high in Michigan.
To establish a foreign-based LLC in Michigan, you must first file an Application for Certificate of Authority to Transact Business in Michigan. You must attach a Certificate of Good Standing from your home state to prove that your foreign LLC is legal. The fee for this certificate is $50, and you can file it online or through the mail. You must also pay a $50 filing fee. If you choose to file by mail, make sure to include the Certificate of Good Standing from your home state.
Once you have obtained the Certificate of Good Standing and the Certificate of Existence, you’ll be ready to file for business licenses. The Michigan Department of Treasury has resources to help entrepreneurs and startup owners understand the state’s tax laws. A qualified accountant is also a good resource for navigating the process. And don’t forget to consult a lawyer before you start filing. Your startup’s future depends on it.
If you aren’t sure how much it costs to register a foreign LLC in Michigan, don’t forget to pay the fee for certified document copies. You can pay $50 for an ordinary certified document copy, or up to $125 for an expedited filing. You can also purchase a professional LLC annual statement, which includes a listing of members and manager, and confirms that the manager is certified in the industry. In addition to these fees, you can also pay a $75 fee for an annual operating agreement.
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.