A limited liability company often conducts business activities in states other than its state of formation. If those activities constitute “doing” or “transacting” business in those “foreign” states, the LLC must qualify to do business there. This generally requires filing an application for authority with the state’s business entity filing office. The LLC also must appoint and continually maintain a registered agent in the foreign state. The state LLC statutes generally do not list activities that constitute doing business such that an LLC must qualify. Instead, they list activities that do not constitute doing business. The attached chart lists activities that are commonly included in those statutory lists of activities that do not constitute doing business.
ComplianceNovember 24, 2020