Withdraw A Foreign Oklahoma Business
Our guide to withdrawing or cancelling your foreign LLC or corporation in Oklahoma shows you the forms you’ll need to file, what happens if you don’t file, and why you should fold up operations the right way. Follow along to learn more.
Steps to Withdraw a Foreign LLC or Corporation in Oklahoma
If your out-of-state business has stopped operating in Oklahoma, you should:
- File an application with Oklahoma’s Secretary of State to withdraw your LLC or corporation.
- Check with Oklahoma’s Tax Commission to ensure all tax obligations are satisfied.
- Notify your Oklahoma registered agent (if you have one) that you’re withdrawing.
Getting all of your proverbial ducks in a row when you withdraw your business from Oklahoma will make sure that you business isn’t hit with any random fines or fees later on down the line.
What is a foreign Oklahoma business?
Being a foreign business means that a business is not originally formed (or incorporated) in Oklahoma, but wants to conduct business within the state. In this context, “foreign” doesn’t mean another country—it just means another state or jurisdiction.
To operate legally, the business will need to register in Oklahoma by completing a process called foreign qualification. If the business stops doing business in the state, they can withdraw their business and cancel their foreign registration.
How do I withdraw my foreign LLC in OK?
To withdraw your foreign Oklahoma LLC, file an Application for Withdrawal with Oklahoma’s Secretary of State (SOS).
How do I withdraw my foreign corporation in OK?
To withdraw your foreign Oklahoma corporation, file a Certificate of Withdrawal with the SOS.
How much does it cost to withdraw a foreign business in Oklahoma?
$100 for both foreign LLCs and foreign corporations.
How do you file a withdrawal application for a foreign LLC or corporation?
Oklahoma accepts filings by mail, delivered in person, or online.
Mail and in-person filings:
Secretary of State
421 NW 13th Street
Suite 210
Oklahoma City, OK 73103
Online filings:
Oklahoma Business Services
How long will it take Oklahoma to process the withdrawal filing?
Your withdrawal will be processed in one week or ten days.
Foreign Oklahoma LLC or Corporation Withdrawal FAQs
Do you need a Oklahoma Department of Revenue clearance first?
No, but it is a good idea to make sure that all of your taxes and fees are paid. You don’t want Oklahoma coming back on your business in its home state asking for long forgotten fees (and fines).
Can I withdraw my business by not filing the OK Annual Report?
Yes and no. Oklahoma will list your business as “delinquent” if it does not file its Oklahoma Annual Report. Oklahoma will assess corporations 10% of the total franchise tax due. In addition, 1.25% interest will continue to accrue each month a tax return is not filed. LLCs are not charged late fees. However, if you fail to file an annual certificate, your business will no longer be in good standing.
Can a foreign business lose its ability to operate for not filing an annual report?
Yes, a foreign entity that has been administratively revoked may not carry on any business except that necessary to wind up its business affairs in Oklahoma.
What are the late fees and penalties to re-register a foreign business in Oklahoma?
The Foreign LLC in Oklahoma only needs to file delinquent annual certificates and pay the delinquent fees for each year due and file an Application for Reinstatement. There is no fee for the application. The annual fee is $25, payable to the Secretary of State, plus the $2.50 penalty and 1.25% monthly interest.
A suspended foreign corporation must file delinquent BATs and pay all fees, penalties and interest to the Tax Commission, totaling a minimum of $160 per year, to return to good standing. After three years a foreign corporation will be cancelled by the Oklahoma Secretary of State and the only option in to start over.
What is the difference between withdrawing and dissolving a business?
Foreign entities withdraw their business from a foreign jurisdiction. Domestic entities dissolve their business in their home state.
For example, an LLC that originated in Oklahoma is domestic to Oklahoma. If it stopped operating in the state, it would need to dissolve the business. If it operated as a foreign business in another state, it would need to withdrawal from that state if it wanted to close up shop.
Learn how to dissolve an OK LLC or a OK corporation.
What if I want to start a foreign LLC or corporation in Oklahoma?
Boomer Sooner, you’re in luck! Head over to our comprehensive guides on how to form a foreign Oklahoma LLC or start a foreign Oklahoma corporation. Or hire us to do it for you!