What does it mean to conduct business in a state?
Christopher Harper
Updated on March 31, 2026
In general, a company can do business in a state if it engages in one or more of these types of business activities: Having a bank account in the state. Selling in the state through a distributor, an agent, or a manufacturer’s representative. Transacting business or holding meetings in the state.
How do I start a business in another state?
If you have determined that you need to register your business in another state, you will need to submit an application with that state’s Secretary of State office. In some states, this is called a Certificate of Authority, in others it’s the Statement & Designation by a Foreign Corporation.
What is physical presence in a state?
Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization. The continuous residence and physical presence requirements are interrelated but each must be satisfied for naturalization.
Can a business operate in two states?
No; although your corporation or limited liability company can register and do business in multiple states, you are only allowed to incorporate in one state.
To register your company in another state, you will need to submit a Certificate of Authority application (sometimes it’s called a Statement & Designation by a Foreign Corporation) with the particular state’s Secretary of State office.
Can an LLC operate in different states?
Yes. You can register your LLC in a different state if you comply with the laws and regulations of both states.
When is a company conducting business in a state?
A company that has a physical presence in a state or repeatedly engages in business transactions in that state is conducting business within that state. Most states will consider the following transactions intrastate business when they occur within a state’s borders:
What kind of Business can I do out of State?
Here are some examples of the types of business activities that out-of-state corporations and LLCs can conduct without having to qualify: mail order or telephone sales, if they are the only business activities the company engages in within a state. maintaining a website, if the website is the only presence you have in other states.
Can a company do Intrastate business out of State?
A company that engages in intrastate business that is not merely incidental to the business must qualify in that state.
What does it mean to do business across state lines?
Holding bank accounts or collecting debts in that state. A company that conducts all its business across state lines, such as transporting goods from one state to another, is engaged in interstate business. Consequently, the company does not need to qualify to conduct business in the foreign state or pay state taxes.