Do I need a registered agent in every state I work in?
Registered agentMulti-state
You need a registered agent in your formation state, and in every additional state where your company has registered to do business. Registering in an additional state is called foreign qualification, and naming an agent there is part of it.
A Delaware company operating from an office in California is the ordinary case: incorporated in Delaware, foreign qualified in California, and an agent in both.
What usually counts as doing business in a state
- An office, a warehouse, or a store there
- Employees based there
- Regular, ongoing business rather than an occasional transaction
What usually does not
- Selling online to customers in a state you have no presence in
- One off transactions
- Holding a bank account there
Usually is doing work in both of those lists. Every state draws the line in its own statute and the edges genuinely differ, so a company close to the line should get an answer for its own facts rather than a general one.
Sales tax nexus is a separate question with separate rules. Owing sales tax somewhere does not automatically mean you have to qualify to do business there, and qualifying does not settle your tax position.
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Written by the lawyers who built Arabella. This is legal information, not legal advice for your situation, and reading it does not make us your lawyers. For a real dispute or a high-stakes decision, talk to a licensed attorney. More questions.