A Utah Certificate of Existence (COE) is often required when a business seeks to enter into a business relationship with another company or a government entity. Although some businesses may never have to provide this document, others may find that it forms the backbone of their application when looking to rent commercial property or engage in a government-run project.
A Certificate of Existence indicates that a business registered with the State of Utah has met the compliance requirements for the state and is legally permitted to conduct business in the state. In Utah and many other states, this document can also be referred to as a Certificate of Good Standing.
Compliance plays a big part in the request for a Certificate of Existence. If you’re not aware of the relevant requirements, you run the risk of not being able to obtain one.
The Utah Division of Corporations and Commercial Code issues the COE. At ZenBusiness, we can help you with a worry free compliance service that helps get your business in line with key requirements.
The list of information on the Utah COE includes:
It goes on to explain that the entity is authorized to transact business in Utah, is registered, and has paid all fees and penalties. It also states that the entity has filed all its annual reports, unless the entity is delinquent. Finally, it states that Articles of Dissolution haven’t been filed, and thus the business is active.
A COE isn’t a mandatory document, and some businesses may not need to request one at all. However, there are instances where other enterprises or organizations may want to see if a business they’re looking to engage with is authorized to do business and has met compliance standards.
Businesses that are registered with the state of Utah can obtain a Certificate of Existence. This includes entities such as corporations, nonprofit corporations, and limited liability companies (LLCs).
Companies that aren’t required to register their business with the state, such as sole proprietorships, don’t need a COE.
The Utah Department of Commerce can deny a request for a Certificate of Existence in cases where the requesting business hasn’t complied with all relevant requirements. Some events that may trigger a declined request include:
The office will provide your business with the exact reason for the denial. Sometimes it’s simply a matter of filing a document or paying a fee; in other cases, you may need to resolve more serious issues.
Before requesting a COE, it’s important to ensure that all the elements that are required to meet the compliance aspects of the certificate are in place.
You’ll need to ensure that your business is registered and that its required fees are up to date. In addition to regular fees, you also need to confirm that your company’s penalties, if any, have been paid. Active businesses need to have properly filed their annual reports. Errors and omissions can cause delays in the filing of these documents.
Certificates can’t be ordered for businesses that the state considers dissolved (or in the process of dissolution), expired, revoked, or canceled. You can still order a COE if your business is in a delinquent status, but the certificate will reflect that fact.
Utah offers a streamlined online portal for all its business filings.
If you can’t or don’t want to apply online, you have a few other options:
In Utah, applicants can order a short-form or long-form COE.
Some requesters may only accept a recently issued COE, such as one issued in the last 30, 60, or 90 days. Ensure you send the document in time to meet any such validity windows.
In conclusion, compliance is a critical factor in obtaining a Certificate of Existence in Utah. Sometimes, all the factors involved in staying on top of regulatory requirements, such as filing annual reports, can become overwhelming, especially when you don’t have an employee specifically dedicated to compliance issues. Let the ZenBusiness worry free compliance service do the heavy lifting for you, giving you more time to focus on your company’s day-to-day operations. And if you just need the COE, our Certificate of Good Standing Service can help.
Check the Utah Secretary of State website to see what the most current information is on fees and methods of payment available.
You can usually get it in three to 10 working days; the exact timeframe varies with the office’s current volume of requests.
Yes. The request takes one to two days to process and costs extra.
No, having a COE isn’t required for compliance. However, your business must be in compliance for you to be able to receive the certificate.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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