In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.  If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will have to register with the state in which you want to do business before you can legally conduct business there. 

For example, a LLC that is registered in California wants to do business in Alaska.  The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Alaska.

The California LLC needs to register with the Alaska Division of Corporations as an Alaska Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.  The US government, including the IRS, considers a Foreign company to be a company that is registered outside of the United States.

You want to do business in the state of Alaska but are registered as a LLC in another state.  In order to legally conduct business in the state of Alaska you must register with the Alaska Division of Corporations as a Foreign LLC.  The process of registering as a Foreign LLC in Alaska is called Alaska LLC Foreign Qualification.

The process of Alaska LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Alaska.  Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your Alaska Foreign LLC.  The Officers and Directors of your home LLC will have the same roles in the Alaska Foreign LLC.  Specific requirements to qualify as a Foreign LLC in Alaska are explained below. 

Once you have made the decision to Qualify as a Foreign LLC in Alaska, an Alaska lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services.

The short answer is no.  The state of Alaska does not legally require a lawyer to form an Alaska Foreign LLC.

Our detailed Foreign Qualification page may help you understand some of the implications of forming an Alaska Foreign LLC.  However, if there is anything about forming a Foreign LLC in Alaska that you're not sure about you should seek the advice of a competent Alaska lawyer, an Alaska accountant, or both before you form a Foreign LLC in Alaska.

Once you have made the decision to form a Foreign LLC in Alaska, an Alaska lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Alaska Foreign LLC.

You are not legally required to reserve a Company Name for a new Alaska LLC Corporation before you submit your application to Form a Foreign LLC in Alaska.

The LLC name that you have registered in your home state may or may not be available in Alaska.  In that case you need a different name your Alaska Foreign LLC.  Whether or not you need to reserve a company name for your new Alaska Foreign LLC depends entirely on your business situation.  The Alaska Division of Corporations uses LLC names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Alaska Foreign LLC Name.

If the Name you have chosen for your new Alaska Foreign LLC is already in use by a currently active Alaska Corporation or LLC then you will have to register a DBA Name with the Alaska Division of Corporations.  "DBA" is an abbreviation for "Doing Business As."

In Alaska a DBA Name is called a Business Name.

We verify that the Name you have chose for your new Alaska Foreign LLC is available before we submit your Foreign LLC filing to the Alaska Division of Corporations.  If necessary we can register a Business Name in Alaska for you so that you can open your new Alaska business as quickly as possible.

1. Choose a name for your Alaska Foreign LLC
   
   You can use the same name in Alaska that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Alaska Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Alaska Foreign LLC name that you choose must be distinguishable from the name of any other registered Alaska LLC or other business entity and the name must also be different from any reserved names on record with the state of Alaska.  Your Alaska Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Alaska Foreign LLC name must not be a name that is likely to mislead the public.
   
   The name of an Alaska Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".
   
   It's important to choose a good name for your Alaska Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Alaska Division of Corporations (and pay a fee).
   We will check to make sure that your requested Alaska Foreign LLC name is available and conforms to all state of Alaska Limited Liability Company naming regulations.
2. File Registration Documents with the Alaska Division of Corporations
   
   In order to Qualify as a Foreign LLC in Alaska you must file Registration Documents with the Alaska Division of Corporations.  In Alaska the registration documents are named "Certificate of Registration".
   
   The registration documents must include certain specific information about your Alaska business.  If the LLC Registration Documents do not conform exactly to state of Alaska Foreign LLC requirements they will be rejected. 
   
   If you need to change any of the information on your registration documents after your Alaska Foreign LLC has been approved, you may amend the registration documents for your Alaska Foreign LLC but you will have to pay a fee to the state of Alaska in order to make the changes official.
   
   
3. Determine how you want your Alaska Foreign LLC to be taxed
   
   The Alaska Corporate Income Tax Rate is variable depending on the annual net income of the Alaska Foreign LLC.  Alaska Corporate Income Tax Rates vary from 1 to 9.4%.  You may choose that your Alaska Foreign LLC is to be taxed as a C Corporation or S Corporation. 
   
   A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 
   
   You may choose to have your Alaska Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Alaska Corporate Income Tax.
   
   Alaska follows the federal treatment of S Corporations and does not impose tax on "pass through" income.  However, Alaska tax does apply to corporate level items such as excess net passive income and tax on built-in gains.
   
   If you form a Single Member Alaska Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Alaska Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Alaska Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Alaska Foreign LLC will be taxed as a Partnership.
   
   Alaska Corporate Tax Information
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Alaska Foreign LLC and include it with your final Foreign LLC documents.

1. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming an Alaska Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  An Alaska Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Alaska Foreign LLC within Alaska you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Alaska Foreign LLC vary depending on your business activities and the specific locations within the state of Alaska in which you want to conduct business.
   
   If your Alaska Foreign LLC will be selling products in Alaska you may be required to obtain a Reseller's Permit from the appropriate Alaska state agency.  If your Alaska Foreign LLC will be selling products in Alaska you will also be responsible for all applicable local and state of Alaska sales taxes if there are any.
   We have the expertise to find out exactly which state and local permits that you need for your specific business.
2. File the required reports for your Alaska Foreign LLC
   
   The Alaska Biennial Report includes basic information about your Alaska Foreign LLC including information on your business location as well as the names of the Officers and Directors.
   
   Failure to submit a properly completed Alaska Biennial Report to the Alaska Division of Corporations on or before the due date may subject the Alaska Foreign LLC to being administratively dissolved in the state of Alaska or having its authority to transact business in the state of Alaska revoked by the Alaska Division of Corporations.
   
   Penalties may accrue if you fail to file any Alaska Foreign LLC Biennial Report to the Alaska Division of Corporations by the due date.
   
   
3. Keep proper records of your Alaska Foreign LLC on file
   
   Keep the following records on file and available at the principal business office of your Alaska Foreign LLC:
   • Names and addresses of all Members and Managers of the Alaska Foreign LLC
   • Foreign LLC formation documents and any Amendments to them
   • Alaska Foreign LLC Operating Agreement and any Amendments to them
   • Copies of any LLC Resolutions which have been adopted by the Alaska Foreign LLC
   • Copies of all tax returns and Annual Reports for the Alaska Foreign LLC for the last 3 years
   
   
4. Pay your taxes to the state of Alaska
   
   Foreign LLCs that either do business in the state of Alaska or that derive income from sources within the state of Alaska are subject to Alaska and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Alaska, you must allocate the amount of income derived from the state of Alaska in order to determine your Alaska state taxes.

In order to Form a Foreign LLC in Alaska you'll need the following information about your LLC:

• The name of your new Alaska Foreign LLC along with your second choice of a name in case the name that you want is not available
• Physical address of the Foreign LLC office in Alaska (not a PO Box)
• A description of the nature of the business you are planning to operate with the Alaska Foreign LLC
• Whether the Alaska Foreign LLC will be managed by LLC Members or Managers
• When the Alaska Foreign LLC will start and when it will cease to exist (normally the Foreign LLC starts on the date the application is filed and will exist perpetually)

Remember - ALL the information that you provide when you Form a Foreign LLC in Alaska becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Foreign LLC in Alaska.

Processing times for new Alaska Foreign LLC applications vary depending on the work load of the Division of Corporations's staff.  We've found that normal processing of new Alaska Foreign LLC applications takes the state around 15-20 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your new Alaska Foreign LLC.
The Alaska Division of Corporations reserves the right to extend expedite periods in time of extreme volume, staff shortage or equipment malfunction.  We are dependent on, and have no control over, the staff and systems of the Alaska Division of Corporations.

In our experience 15-20 business days is the time it usually takes the Alaska Division of Corporations to process a new Alaska Foreign LLC application. We get your Alaska Foreign LLC application to the AK Division of Corporations ASAP. Once it is at the state we have no control over the new Alaska Foreign LLC application process.

The state of Alaska charges $365.00 to Form a Foreign LLC in AK.  That includes the Division of Corporations's filing fee and a Certified Copy of your new Alaska Foreign LLC filing.  If you choose All Business Documents to help you Form your Foreign LLC in Alaska our processing fees are $145.00.  This includes:

• Same day processing in of your new Alaska Foreign LLC order
• AK Name Check and Verification
• Prepare Certificate of Registration
• File Formation Documents with the Alaska Division of Corporations
• Certified Copies of Formation Documents
• Alaska Foreign LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support