By Jonathan Feniak, Esq., MBA
If you started a business outside of Colorado, but are interested in doing business here, then you need to register your business in Colorado as either a foreign corporation or LLC. This process involves registering your business with the secretary of state and obtaining a registered agent. It's not a difficult process and doesn’t even require a business search. Thankfully, we've listed all the steps here for you.
If your business is treated as "doing business" in Colorado, it should be registered in Colorado as a foreign entity. Being a foreign entity does not mean that your business was formed in a foreign country, it means any business entity formed in another state.
Colorado Law requires any entity that is doing business in the state of Colorado to maintain a physical address in the state of Colorado. Our Colorado registered agent service satisfies this requirement.
Order NowTo register your foreign LLC in the state of Colorado, you have to file a Foreign Limited Liability Company Application for Registration. The Secretary of State for Colorado approves these documents, and you can easily acquire the required forms at the Secretary of State website here.
The information you provide is this form is similar to what you would provide to Form an LLC, but there are meaningful differences. You will need some of the documents you previously used to form the LLC in the state in which the LLC was originally formed. The documents and requirements you will need are the following:
You might also need to show that your registered agent is available to accept and receive official documents during normal business hours.
In some situations you might need you to provide a recent Certificate of Existence or a Certificate of Good Standing, issued by an agency in the state where your LLC was originally formed. While you may submit an original document, it will be fastest to upload an electronic copy.
It might take a month or more to complete this process from beginning to end, but in most cases your application will be approved quickly. A copy of the form you submitted will be sent to you by the Secretary of State when the process is complete, or, if you have elected to have us complete the process for you, we will notify you when your application has been accepted.
There are fines you could face, as well as not enjoying the benefits of a limited liability company in Colorado. If you are sued in Colorado and a court rules that you did not register to do business in Colorado, then you may not enjoy any liability protections, making you personally liable. This is in addition to fines you may face for operating without registering. These penalties may be imposed for every year you are not registered, so be sure to register your foreign LLC in the state of Colorado! Once you’re registered, there are additional steps you must take to remain compliant year to year such as filing your periodic report. If you get our registered agent service, we will keep track of when your periodic report is due and even file it for you!
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