Foreign Limited Liability Company in Maryland
If you want your limited liability company to do business in Maryland, but you formed your company in another state, you’ll have register as a Foreign LLC in Maryland.
Why “foreign”? In this case, “foreign” just means out-of-state. Keep reading to find out:
Register A Foreign Maryland LLC!
We’ll cover everything you need to
officially do business in Maryland for:
$304
This includes state fees, one year of registered agent service,
and our service fee of $100. Plus the cost of a
Certificate of Good Standing in your state.
Do I have to register as a Maryland Foreign LLC?
If you own an LLC in another state and plan to do business in Maryland, you’ll have to register as a Maryland Foreign LLC. Seems simple enough. However, the concept of “doing business” isn’t exactly straightforward.
What does it mean to do business in Maryland?
Like most states, Maryland doesn’t explicitly define what it means to “do business” in MD. In general, your company is considered to be doing business in Maryland if there’s an exchange of money in the state. This could include conducting sales, owning an office, or manufacturing goods.
Legally, the state only offers examples of what is NOT considered doing business (MD Corp & Assn Code § 9A-1108):
- Defending or settling legal suits
- Holding business meetings
- Maintaining bank accounts
- Making an isolated transaction
- Foreclosing on a mortgage
- Acquiring a property title in lieu of foreclosure
- Renting or maintaining property
- Selling of transferring the title of a property
Still not sure your company qualifies? You might want to consult with a business or tax expert to be sure where your business falls.
How to Register a Foreign LLC in Maryland
Want to register a foreign LLC on your own? You’ll have a file a Foreign Limited Liability Company Registration form with the Maryland State Department of Assessments and Taxation. Here’s the process in 3 steps:
1. Secure a Registered Agent
You need a registered agent in every state your company is registered to do business. So even though you already have a registered agent in your home state, you still need a Maryland Registered Agent. At just $49 a year, we offer the most affordable professional registered agent service in the state!
Note: Maryland uses the term “resident agent,” but it means the same thing as a registered agent.
2. Get a Certificate of Good Standing
A Certificate of Good Standing (sometimes called a Certificate of Existence) is a document from your home state that certifies that your company is fit to do business. (Meaning you’ve paid your taxes and don’t have any outstanding fees.) You can usually get a copy of this certificate from the Secretary of State’s office in your home state, or the equivalent office where you filed your formation papers.
Don’t want to track down an additional filing? You don’t have to! When we register your Maryland Foreign LLC, we’ll get your Certificate of Good Standing for you.
3. Submit a Foreign LLC Registration Form
To legally transact business in Maryland as an LLC formed in another state, you must complete and submit a Limited Liability Company Registration form to the Maryland State Department of Assessments and Taxation (SDAT). The state filing fee is $100. Here’s what your form must include:
- Legal name in your home state (or jurisdiction)
- Name you will use in Maryland (if different)
- Date and state (or jurisdiction) of formation
- Principal office address
- Nature of business in Maryland
- Confirmation of whether or not your LLC is part of a Series LLC
- Name and address of Resident Agent (this is what MD calls a registered agent)
- Indication of whether your LLC has done business in Maryland before
- Signatures from an authorized person and your Resident Agent (if different)
After your paperwork is filed, you’ll receive a certificate of authority from the Corporations Division of the Maryland Secretary of State.
Note: If you are re-registering as a foreign LLC in Maryland, you’ll need to include your SDAT ID number.
What if my LLC conducted business in Maryland before it was registered as a foreign LLC?
You should still continue to foreign register your LLC, but you’ll also have to pay a fine of $200.
Where do I send my foreign registration documents?
While SDAT prefers online filings, you can choose to file online, in person or by mail.
Online: Maryland Business Express
In Person or By Mail:
Charter Division
State Department of Assessments and Taxation
301 West Preston Street, Room 801
Baltimore, MD 21201
Can I expedite my foreign registration in Maryland?
Yes. There are three different options for your filing service with SDAT:
- Non-Expedited Processing: 6-8 weeks (FREE)
- Expedited Filing: 10 business days ($50)
- Rush Filing: 3 hours ($425)
For rush service, your documents must be filed before 2:30 p.m., otherwise they’ll be reviewed the following business day.
Your Best Option for Maryland Foreign LLC Registration
If you still want to file your registration documents yourself…
We get it. You can save some money by filing paperwork yourself and just sign up with us as your Maryland Resident Agent. All foreign Maryland LLCs are required to have a resident agent. Our Maryland resident agent service is a flat $49 a year, every year.
Don’t want to do all the paperwork and filing yourself?
We only charge $100, plus state fees and one year of Registered Agent Service to register your out of-state Maryland LLC.
| State Filing Fee (plus credit card processing fee) | $155 |
| One Year of Registered Agent Service | $49 |
| Certificate of Good Standing (varies by state) | $0-50 |
| Our Service Fee | $100 |
| TOTAL | $304+ |
As part of our service, we obtain the documents that we need from the home state your LLC was organized in. The state of Maryland requires a certificate of good standing from your home state when registering a foreign LLC. After the filing is completed, we email digital copies of the filed documents and mail the original filed documents to you. Plus, you’ll always be able to access your registration documents in your online account.