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I have a client who is interested in starting to conduct business in Oklahoma. She is a DBE in the State of Arkansas. Is it preferable to begin a business (Inc. or LLC) in OK or should she just remain "as is" and begin the application process to conduct businessin the state of Oklahoma??
If the NEW corporation is to be an Oklahoma corporation or LLC, does she have to have a physical address in the state of Oklahoma??
So many questions,,,so little time.
Thank you in advance for your assistance.
Hi Mike,
Thank you for posting your question.
Generally speaking, corporations and LLCs are required to file wherever business is being conducted (examples of what is considered conducting business are having an office, employee or store location within a state, or doing business within a profession that requires any type of license within a state, such as insurance).
Although there are exceptions, most small businesses incorporate (or file an LLC) in the state where the principal office is located (even if it's just a home office). Then, if they are also conducting business elsewhere, they file as a foreign entity (aka "foreign qualification") in the other state(s). No matter which state your client decides to domicile, she will probably be required to foreign qualify in the other one. So, in other words, if she incorporates in OK, but she runs her business from AR, AR law would require she foreign qualify in AR. (Please note that we are not providing personal legal advice but rather are speaking to the general state requirements.)
As far as physical address requirements for Oklahoma corps and LLCs: Whether a corp or LLC, OK requires a registered agent for service of process and their physical street address within the state - if she cannot provide her own, then she can use a commercial registered agent service (which MyCorp can provide). Regarding *business address*: If she forms a corporation in Oklahoma, she is not required to provide a business address. If she forms an LLC in Oklahoma, she must provide the physical address of the principal place of business, but it does not have to be in OK.
I hope this has been helpful – please feel free to respond if any further clarification is needed or if we may be of any further assistance.
Once you and you client know which course you would like to take, please call our office (888-692-6771) or visit our website at so that we can assist you with your filings (we offer all of the filings and services at issue).
All the best to both you and your client in all of your business endeavors!
Sarah Lawlor
Sr. Business Analyst, Intuit MyCorporation
I'm from the Bahamas and seeking to incorporate in USA