×
INTELLIGENT WORK FORUMS
FOR ENGINEERING PROFESSIONALS

Contact US

Log In

Come Join Us!

Are you an
Engineering professional?
Join Eng-Tips Forums!
  • Talk With Other Members
  • Be Notified Of Responses
    To Your Posts
  • Keyword Search
  • One-Click Access To Your
    Favorite Forums
  • Automated Signatures
    On Your Posts
  • Best Of All, It's Free!

*Eng-Tips's functionality depends on members receiving e-mail. By joining you are opting in to receive e-mail.

Posting Guidelines

Promoting, selling, recruiting, coursework and thesis posting is forbidden.

Students Click Here

Doing business in another State

Doing business in another State

Doing business in another State

(OP)
I have a few questions that basically revolve around whether or not it is required for a company to file as a foreign corporation in another state.

Suppose I am a licensed engineer at a small firm with only 1 office, in State A, and I am hired by a client who also has an office in State A.  The firm is a corporation in State A and also is registered as a Professional Design Firm (with the board of engineering) so the corporation is authorized to offer engineering services in State A.  Suppose I (personally) also have my PE in State B.  If the client (with his office in State A) hires us (with our only office in State A) to provide a design to be constructed in State B:
 (1) does the firm need to file as a corporation in State B?  
 (2) does the firm need to register with the board of engineering in State B?
 (3) does the answer vary from State to State?

follow-up question:

Can a firm register with the Board of Engineering (get a Certificate of Authorization) without first filing as a corporation with the Secretary of State?
 

RE: Doing business in another State

Take a look at my signature.

David Simpson, PE
MuleShoe Engineering
www.muleshoe-eng.com
Please see FAQ731-376: Eng-Tips.com Forum Policies for tips on how to make the best use of Eng-Tips Fora.

"It is always a poor idea to ask your Bridge Club for medical advice or a collection of geek engineers for legal advice"

RE: Doing business in another State

(OP)
Agreed - in part.  I would probably say "it is a bad idea to rely only on your Bridge Club for medical advice or only on a collection of geek engineers for legal advice."

I believe geeky engineers (especially those who have been in the same position) can help me ask the lawyers better questions to both get me better legal advice and keep the legal fees down.

Does Muleshoe Engineering (or some hypothetical similar company) register as a corporation in every state where your designs will (or may) be used?

RE: Doing business in another State

1) No
2) Yes
3) Yes

At least, from the one state that I'm familiar with the statutes of.

--Scott
http://wertel.eng.pro

RE: Doing business in another State

Look up (google) "Certificate of Authority" (CA) for businesses for the state of interest.  Interpretations vary by whom you ask.

In the end you need to call the state authority of interest and ask for some clarification.

Some state very clearly states that CA is not an issue for once in a while transactions. Most CA application would require the name, contact and address of your "agent" in the state, which of course does not mean that you have to have an agent in every state, but that is where the water gets murky.

Rafiq Bulsara
http://www.srengineersct.com

RE: Doing business in another State

Got NCEES.com or org and look up the state regulations.  They are ALL different.

RE: Doing business in another State

Don't go to NCEES.com because they don't control the state regulations! Go to the state to determine what the state regulations are.

Cedar Bluff Engineering
http://cedarbluffengineering.webs.com

RE: Doing business in another State

(OP)
I have checked with many states and they all say that you need a certificate of authority (or some similar thing) for a foreign corporation to do business in their state.  The real question is what is the definition of "doing business"?  Does the situation I describe, where all our "business" is done in State A, constitute doing business in State B?
 

RE: Doing business in another State

I am in the similar boat.  My take on your situation would be no, as there is no transaction taking place in State B.

Check the applications (on line) for certificate of authorities and you may find exceptions in some states for entities that are not corporations and also those companies that have 10 or less employees/Owners.

Billing as an individual rather than a company may be a work around, I am not sure.

 

Rafiq Bulsara
http://www.srengineersct.com

Red Flag This Post

Please let us know here why this post is inappropriate. Reasons such as off-topic, duplicates, flames, illegal, vulgar, or students posting their homework.

Red Flag Submitted

Thank you for helping keep Eng-Tips Forums free from inappropriate posts.
The Eng-Tips staff will check this out and take appropriate action.

Reply To This Thread

Posting in the Eng-Tips forums is a member-only feature.

Click Here to join Eng-Tips and talk with other members! Already a Member? Login



News


Close Box

Join Eng-Tips® Today!

Join your peers on the Internet's largest technical engineering professional community.
It's easy to join and it's free.

Here's Why Members Love Eng-Tips Forums:

Register now while it's still free!

Already a member? Close this window and log in.

Join Us             Close