Arizona law requires every Limited Liability Company (LLC) and Corporation to be registered in the state it transacts business or conducts affairs. Both nonprofit organizations and for profit organizations must obtain authority to operate from the Arizona Corporation Commission if they were organized in another state.
Lotzar Law Firm, P.C. will assist in determining if your nonprofit is conducting affairs or if your for-profit organization’s activities fall within the definition of transacting business. Our attorneys can advise you on whether registering as a Foreign Entity is necessary and can complete the legal registration process on your behalf. Call today to schedule a consultation and learn more.
Requirements for Registering as a Foreign Entity in Arizona
If your organization intends to transact any business or conduct any affairs, you must become Qualified or Registered. The process involves filing appropriate paperwork. The instruction for the Application for Authority to Transact Business or Conduct Affairs are found in Title 10 ARS §10-1501. The Application for Authority is available online and can be printed and submitted to the Arizona Corporation Commission.
The Application requires you to describe the character of your business and provide a street address for the principal foreign office as well as the known place of business in Arizona where operations will be conducted. A Statutory Agent or Registered Agent must be named at the time of filing. This agent must have a legal address within the state of Arizona that is not a post office box.
Completion of the Application in full with accurate and correct information is required for registering as a Foreign Entity in Arizona. Lotzar Law Firm, P.C. can complete this application on behalf of your business entity to help secure approval to become qualified to transact business or conduct affairs.
Additional documentation must be submitted when registering as a Foreign Entity in Arizona. This may include:
- A copy of the Articles of Incorporation for the organization.
- A copy of any Amendments to the Articles of Incorporation.
- A Certificate Authenticating the Existence of the Corporation from the state of origin within 60 days of the date the Application for Authority is filed.
A copy of the Application for Authority must be published within an approved newspaper in the state of Arizona within 60 days of the time when the Application for Authority has been filed. Proof of the publication must be provided to the Arizona Corporation Commission within a period of 90 days after the Application for Authority has been published. Proof may be provided in the form of an Affidavit.
Finally, a filing fee is also required when the Application for Authority is submitted. An additional fee for expedited processing may also be paid.
For the application to be approved, the name of your organization must not conflict an existing Arizona business including Corporations; fictitious names adopted by foreign corporations; and the names of Limited Partnership Organization or Limited Liability Companies. It must also not conflict with a trade name that has been registered with the Arizona Secretary of State.
Lotzar Law Firm, P.C. will research to ensure your name is original and acceptable and will complete all other aspects of registering as a Foreign Entity in Arizona on behalf of your organization. Call today to learn more.
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