Whether you own a corporation, partnership, or nonprofit, registering your business will likely be required before you can open the doors and greet your first customers. You may also be required to register for taxes in states with tax nexus, including owning facilities, making significant sales, or hiring employees.
State Business Registration Requirements
In many states, the first step in registering a business is with the state’s Secretary of State office. This will involve filling out forms that specify the type of business and its owners or directors. This information may be public record or kept confidential, depending on the type of business. If the business is a corporation, the registration process may include creating internal documents such as bylaws or resolutions that establish how key decisions will be made and officers’ duties, powers, and responsibilities. It’s also common for corporations to create a board of directors and committees. This is called establishing the corporate structure.
Obtaining an Employer Identification Number (EIN) is a smart idea as part of the state of Hawaii business registration. When filing taxes and creating a bank account, the EIN is the business equivalent of a Social Security number. It’s also possible that the business will need to register with other governmental agencies, such as the Department of Revenue or an occupational licensing agency. Financial investment advisors, for example, must be licensed and registered with the government. Other types of businesses may need to register with Dun and Bradstreet or the federal Small Business Administration.
Local Business Registration Requirements
You must register locally if your company works in more than one county or city. This typically means submitting an application and paying a fee. Your city clerk or the local Small Business Development Center (SBDC) can advise you about this and any other local licensing, permitting, or registration requirements that might apply to your business.
You may also need to register your business with the federal government. This depends on whether you want trademark protection or tax-exempt status. For example, a nonprofit corporation must file for tax-exempt status with the IRS. You must also register a business name with the federal government to get a trademark for a name, logo, label, or other design element. Most states require businesses to register their business names with the secretary of state’s office, though specifics vary by state. If you want to operate your business in more than one state, you must foreign qualify the entity with that state’s business filing office before beginning operations there. Please do so to avoid loss of limited liability protection, monetary penalties, and other serious consequences.
Tax Permits
A sales tax permit may be necessary if you are a retailer or wholesaler with taxable businesses in a state. As long as you are conducting business, permits remain in effect. Permit requirements vary by state, but typically you must register and provide the business name, address, owner/contact information, and type of business. For instance, some state requires businesses that sell tangible goods to register for a seller’s permit, collect state sales taxes on those sales, and report them to the state. Additionally, you will be required to pay a security deposit (which is refunded if the business closes).
Jumping through the hoops of registration may seem daunting, but ensuring you comply with all business registration requirements is important. Failure to do so can create compliance problems and result in fines, penalties, or criminal charges.
Registered Agent Requirements
Almost every state requires that businesses have and maintain a registered agent. A registered agent is an individual or company who receives legal documents, service of process, and official mail on behalf of the business. The agent is responsible for forwarding any such documents to the business and must be able to receive service of process during normal business hours. Some states, like Maine and Massachusetts, require that the agent have a physical location within the state. This makes being your registered agent impractical, and most business owners opt to use a service instead.
Many registered agent services offer different packages to serve as your agent. Some services provide a basic address in the state (not a P.O. box) that can accept legal documents and official mail during business hours, and some go above and beyond to offer top speed, security, and privacy. Regardless of your chosen service, keeping your agent information current with the state is essential. Failure to do so could result in your business missing critical government correspondence or notifications, such as annual state filings. It can also mean that the court might issue a judgment against your business before you even have a chance to respond. The right registered agent service will keep your information private and ensure that any legal documents are received and forwarded promptly.
