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International and Foreign Qualification Services
Foreign Filing (Qualification)
Foreign Qualification is a registration of foreign company (foreign state) qualifying to
conduct business in other states: If your company expects to transact business outside
your state of formation, your company may be required to qualify as a "foreign corporation"
or "foreign LLC." Upon creating a Nevada Corporation or LLC, you may be required by
your home state to qualify your business there as a Foreign Corporation or LLC.  IncSmart
will file the necessary paperwork to qualify your business in all 50 states plus the District of
Columbia.  

A corporation or LLC is considered to be domestic only in the state where it was formed. In
all other states, the company is regarded as a foreign corporation or LLC. To qualify your
company to transact business in another state, you must register for a Certificate of
Authority to transact business in that state.

Foreign Corporations and LLCs are subject to taxes and annual report fees in both the
state of formation and any states where the corporation or LLC is will conduct business.   
Foreign Corporations and LLC are also required to have a
Registered Agent within each
state. Fees are different for each state.  Click here to see the
Foreign Qualification Fees.  

If you have specific questions regarding your business, and whether your company may
need to foreign qualify in another state, please contact an attorney or accountant.

Foreign Qualification Service

Business Filings' foreign qualification service includes:

  • Preliminary name availability check in the state of qualification
  • Preparation and filing of the certificate of authority in the state of qualification
  • Obtaining a certificate of good standing or certified copy for your business from the
    state of formation, which must accompany your certificate of authority
  • Payment of initial state filing fees
Foreign Filing Test Questions
1)  Do you have W2 Employees in another state?
2)  Do you need a special license in another state?
3)  Do you have a brick and mortar location in another state?
Yes to anyone of these questions means you need a foreign filing.
Differing Fiscal Years
Why should you set up your home state corporation with a calendar year ending 12/31
and your Nevada Corporation with a fiscal year ending 6/30?

Your home state corporation is going to contract out all services it can to your Nevada
Corporation or corporations. Make sure that you have legal and binding contracts for
these services and that these are billed and invoiced accordingly. When you reach the last
quarter of the calendar year and you find your home state corporation is making too much
money, you can renegotiate the contracts thus allowing for a lump sum payment, higher
payments, etc., which are to be paid before the end of the year. By using this strategy, you
have transferred the income to your Nevada Corporation and created a legal business
deduction and saved state taxes and federal taxes. Since the Nevada Corporation is on a
fiscal year ending 6/30, this income will not be reported in the Nevada Corporation's
federal taxes for at least six more months.
Apostille
In 1981, the United States joined the 1961 Hague Convention abolishing the Requirement
of Legalization for Foreign Public Documents. The Convention provides for the
authentication of public (including notarized) documents to be used in countries that have
joined the convention. With certification by Apostille, your articles of incorporation or
organization are entitled to recognition in the country of intended use.

If an Apostille is ordered after the formation of the corporation or LLC is complete, you will
also need to pay an additional fee (which varies by state) to obtain the state-issued
document you wish to have apostilled.

SEE INTERNATIONAL SERVICES
APOSTILLES ACCEPTED BY HAGUE CONVENTION COUNTRIES

Documents to be used in a country that is a party of the Hague Convention must request
the apostille from the Secretary of State where the document was executed. This apostille
certification then eliminates the need to send the document to the US Department of State.
Once an individual receives and apostille on a document and the document is going to be
used in the Hague Convention country, the document is ready for that country.

The following is a list of the countries and territories, which are a party to the Convention:
Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bahamas, Belgium, Belize,
Bosnia and Hercegovina, Botswana, Bulgaria, Czechoslovakia, Colombia, South America,
Commonwealth of Independent States - Belarus - Russia, Croatia, Cyprus, Czech
Republic, El Salvador, Fiji, Finland, France - French Guiana - Guadeloupe - Martinique  -
Reunion - Affars and the Issas - Djibouti - Anglo-French Condominium of the New
Herbrides (Vanuatu) - Comoro Island - French Polynesia - New Caledonia -  St. Pierre and
Miquelon - Wallis and Futuna, Germany, Greece, Honduras, Hungary, Ireland, Israel,
Italy,Japan, Kazakhstan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg,
Macedonia, Malawi, Malta, Marshall Islands, Mauritius, Netherlands - Netherlands Antilles
(Aruba), Norway, Panama, Portugal, Romania, San Marino, Republic of, Scotland,
Seychelles,Slovenia, Spain, South Africa, Suriname, Swaziland, Switzerland, Tonga,
Turkey, United Kingdom of Great Britain and Northern Ireland - Anguilla - Bailiwick of
Guernsey -    Barbados - Bermuda - British Antarctica Territory - British Guiana (Guyana)
- British Solomon Islands Protectorate (Solomon Islands) - Brunei - Cayman Islands -
Dominica -     Falkland Islands - Gibraltar - Gilbert and Ellice Islands (Kiribati) - Grenada  -
Hong Kong -  Isle of Man Jersey  - Montserrat  - New Hebrides (Vanuatu) - Saint Helena -
Saint Christopher and Nevis - Saint Lucia - Saint Vincent - Southern Rhodesia (Zimbabwe)
-     Turks and Caicos Islands - Virgin Islands, Mexico, NIUE Islands, United States -    
Puerto Rico, Venezuela

COUNTRIES NOT BELONGING TO THE HAGUE CONVENTION, WILL RECEIVE A
CERTIFICATION NOTARIZED BY THE SECRETARY OF STATE FROM WHICH THE
COMPANY IS DOMESTICATED.