What is Colorado Limited Liability Company (LLC) Foreign Qualification? |
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You want to do business in the state of Colorado but are registered as a Domestic Limited Liability Company (LLC) in another state.
In order to legally conduct business in the state of Colorado you must register with the Colorado Secretary of State as
a Foreign LLC.
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You want to do business in the state of Colorado but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Colorado you must register with the Colorado Secretary of State as
a Foreign LLC.
The process of registering as a Foreign LLC in Colorado is called Colorado LLC Foreign Qualification.
The process of Colorado LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Colorado.
Your original formation documents (usually called Articles of Organization) and Operating Agreement apply to your Colorado Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Colorado Foreign LLC.
Specific requirements to qualify as a Foreign LLC in Colorado are explained below.
Once you have made the decision to Qualify as a Foreign LLC in Colorado,
a Colorado 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.
Put the money you save with All Business Documents where it belongs
right into your new Colorado Foreign LLC.
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What is a Colorado Foreign LLC? |
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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.
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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 Colorado.
The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Colorado.
The California LLC needs to register with the Colorado Secretary of State as a Colorado 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.
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Do I need a lawyer to Form a Foreign LLC in Colorado? |
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The short answer is no.
The state of Colorado does not legally require a lawyer to form a Colorado Foreign LLC.
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The short answer is no.
The state of Colorado does not legally require a lawyer to form a Colorado Foreign LLC.
Our detailed LLC Information page may help you understand some
of the implications of forming a Colorado Foreign LLC.
However, if there is anything about forming a Foreign LLC in Colorado
that you're not sure about you should seek the advice of a competent Colorado lawyer, a Colorado accountant,
or both before you form a Foreign LLC in Colorado.
Once you have made the decision to form a Foreign LLC in Colorado, a Colorado 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 Colorado Foreign LLC.
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Do I have to Reserve a Company Name before I Form a Foreign LLC in CO?
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You are not legally required to reserve a Company Name for a new Colorado LLC Corporation before you submit your application to form a Foreign LLC in
Colorado.
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You are not legally required to reserve a Company Name for a new Colorado LLC Corporation before you submit your application to Form a Foreign LLC
in Colorado.
The LLC name that you have registered in your home state may or may not be available in Colorado.
In that case you need a different name your Colorado Foreign LLC.
Whether or not you need to reserve a company name for your new Colorado Foreign LLC depends entirely on your business situation.
The Colorado Secretary of State 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 Colorado Foreign LLC Name.
Click here for more information on
Colorado Company Name Reservation
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What if the Colorado Foreign LLC Name I want is already taken?
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If the Name you have chosen for your new Colorado Foreign LLC is already in use by a currently active
Colorado Corporation or LLC then you will have to register a DBA Name with the Colorado Secretary of State. "DBA" is an abbreviation for "Doing Business As."
In Colorado a DBA Name is called a Trade Name.
We verify that the Name you have chose for your new Colorado Foreign LLC is available before we submit
your Foreign LLC filing to the Colorado Secretary of State.
If necessary we can register a Trade Name in Colorado for you so that you can open your new Colorado business as quickly as possible.
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What do I have to do to Form a Foreign LLC in Colorado?
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4 things you have to do in order to Form a Colorado Foreign LLC
1. Choose a name for your Colorado Foreign LLC
2. Select an official address and a Registered Agent for your CO Foreign LLC
3. File Registration Documents with the Colorado Secretary of State
4. Determine how you want your Colorado Foreign LLC to be taxed
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1. Choose a name for your Colorado Foreign LLC
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You can use the same name in Colorado 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 Colorado 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 Colorado Foreign LLC name that you choose must be distinguishable from the name of any other registered Colorado LLC or other
business entity and the name must also be different from any reserved names on record with the state of Colorado.
Your Colorado 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 Colorado Foreign LLC name must not be a name that is likely to mislead the public.
The name of a Colorado 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 Colorado Foreign LLC because if you want to change it after you qualify you
will have to file amended documents with the Colorado Secretary of State (and pay a fee).
We will check to make sure that your requested Colorado Foreign LLC name is available and conforms to all state of Colorado
Limited Liability Company naming regulations.
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2. Select an official address and a Registered Agent for your Colorado Foreign LLC
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Every Colorado Foreign LLC must have an address that is physically located in the state of Colorado.
This address is "registered" with the Colorado Secretary of State.
The Registered Address cannot be a PO Box and is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Colorado to receive all correspondence on behalf of the Colorado
Foreign LLC is called a "Registered Agent".
You may act as your own Registered Agent, however, many Colorado Foreign LLCs hire a Registered Agent because they don't have a physical
address within the state of Colorado or to provide a distinct level of privacy.
We provide LLC Registered Agent services in Colorado as well as all other states and the District of Columbia.
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3. File Registration Documents with the Colorado Secretary of State
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In order to Qualify as a Foreign LLC in Colorado you must file Registration Documents with the Colorado Secretary of State.
In Colorado the registration documents are named "Statement of Foreign Entity Authority".
The registration documents must include certain specific information about your Colorado business.
If the LLC Registration Documents do not conform exactly to state of Colorado Foreign LLC requirements they will be rejected.
If you need to change any of the information on your registration documents after your Colorado Foreign LLC has been approved,
you may amend the registration documents for your Colorado Foreign LLC but you will have to pay a fee to the state of Colorado in order to make the changes official.
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4. Determine how you want your Colorado Foreign LLC to be taxed
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The Colorado Corporate Income Tax Rate is %.
You may choose that your Colorado 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 Colorado 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 Colorado Corporate Income Tax.
If you form a Single Member Colorado Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Colorado Foreign LLC
will be taxed as a Sole Proprietorship.
If you form a Multiple Member Colorado Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Colorado Foreign LLC
will be taxed as a Partnership.
If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Colorado Foreign LLC and include it with
your final Foreign LLC documents.
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What do I have to do to after I Form a Colorado Foreign LLC?
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4 things you have to do in after you Form a Colorado Foreign Corporation
1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your Colorado Foreign LLC
3. Keep proper records of your Colorado Foreign LLC on file
4. Pay your taxes to the state of Colorado
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1. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Colorado Foreign LLC doesn't take the place of obtaining a local business license, tax
registration certificate, or other required business permits.
A Colorado 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 Colorado Foreign LLC within Colorado you may need to get one or more local
business licenses or permits.
The business licenses or permits that are required for your Colorado Foreign LLC vary depending on your business activities
and the specific locations within the state of Colorado in which you want to conduct business.
If your Colorado Foreign LLC will be selling products in Colorado you may be required to obtain a Reseller's Permit from the appropriate
Colorado state agency.
If your Colorado Foreign LLC will be selling products in Colorado you will also be responsible for all applicable local and state of Colorado
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.
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2. File the required reports for your Colorado Foreign LLC
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The Annual Report includes basic information about your Colorado Foreign LLC including information on your Officers and Directors.
Failure to submit a properly completed Colorado Annual Report to the Colorado Secretary of State on or before the
due date may subject the Colorado Foreign LLC to being administratively dissolved in the state of Colorado or having its authority to
transact business in the state of Colorado revoked by the Colorado Secretary of State.
Penalties may accrue if you fail to file any Colorado Foreign LLC Annual Report to the Colorado Secretary of State by the due date.
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3. Keep proper records of your Colorado Foreign LLC on file
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Keep the following records on file and available at the principal business office of your Colorado Foreign LLC:
- Names and addresses of all Members and Managers of the Colorado Foreign LLC
- Foreign LLC formation documents and any Amendments to them
- Colorado Foreign LLC Operating Agreement and any Amendments to them
- Copies of any LLC Resolutions which have been adopted by the Colorado Foreign LLC
- Copies of all tax returns and Annual Reports for the Colorado Foreign LLC for the last 3 years
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4. Pay your taxes to the state of Colorado
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Foreign LLCs that either do business in the state of Colorado or that derive income from sources within the state of Colorado are subject
to Colorado and federal tax laws.
If you are engaged in intrastate business and derive income from other states besides Colorado, you must allocate the amount of income derived
from the state of Colorado in order to determine your Colorado state taxes.
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What information do I need in order to Form a Foreign LLC in Colorado? |
In order to Form a Foreign LLC in Colorado you'll need certain specific information about your Company
including the Limited Liability Compamy name and address; and Registered Agent information.
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In order to Form a Foreign LLC in Colorado you'll need the following information about your LLC:
- The name of your new Colorado Foreign LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the Foreign LLC office in Colorado (not a PO Box)
- A description of the nature of the business you are planning to operate with the Colorado Foreign LLC
- When the Colorado 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 Colorado 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 Colorado.
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How long does it take to Form a Foreign LLC in Colorado? |
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Processing times for new Colorado Foreign LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Colorado Foreign LLC applications takes the state around 1-2 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 Colorado Foreign LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE COLORADO SECRETARY OF STATE PROCESSING TIMES.
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The Colorado Secretary of State 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 Colorado Secretary of State.
In our experience 1-2 business days is the time it usually takes the Colorado Secretary of State to process
a new Colorado Foreign LLC application.
We get your Colorado Foreign LLC application to the CO Secretary of State ASAP.
Once it is at the state we have no control over the new Colorado Foreign LLC application process.
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Are there any Expedited Processing Options for a new CO Foreign LLCs?
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| The Colorado Secretary of State does not offer expedited processing for new Colorado LLC filings. |
How much does it cost to Form a Foreign LLC in Colorado? |
The state of Colorado charges $105.00 to Form a Foreign LLC in CO.
If you choose All Business Documents to help you Form your Foreign LLC in Colorado our processing fees are $199.00.
This includes:
- Same day processing in of your new Colorado Foreign LLC order
- CO Name Check and Reservation
- Prepare Statement of Foreign Entity Authority
- File Formation Documents with the Colorado Secretary of State
- Certified Copies of Formation Documents
- Colorado Foreign LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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