Creating Agency: Adding multiple states nightmare (PLEASE HELP!!)

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Need some help here. Here's my situation:
  1. Just received my Virginia agency license (that's the good news).
  2. NIPR sent me an additional email that contained the following:
    • You must register your business with the State Corporation Commission (SCC) within 90 days of obtaining your insurance agency license or your insurance agency license will be terminated. You may register your business with the Clerk's Office prior to obtaining the insurance agency license. The Bureau will verify your business registration electronically. If operating under a trade name or 'doing business as' name, register your fictitious name with the SCC Clerk's Office. Visit [EXTERNAL LINK] - Virginia SCC - Business Types. The Clerk's Office phone number: (804) 371-9733. Email any required licensing documents to [email protected] or fax to 804-371-9290.
  3. I called the number above; they sent me to the link above (Entity Formation) which I couldn't proceed as I'm based in FL. It gave me an error saying I need to be based in Virginia.
I'd assume that not every insurance agency has an official address for each state.

Just need some guidance/feedback on what I may be missing to get this state completed properly.
 
I used to have a VA non res license, and I didnt have to do all that. You might make sure you applied for the correct license type, it should match your producer license.

I hate to say this, but you might also ask your upline, as they would likely have already done the same thing. They'd have to also be licensed there, for you to get paid.
 
Need some help here. Here's my situation:
  1. Just received my Virginia agency license (that's the good news).
  2. NIPR sent me an additional email that contained the following:
    • You must register your business with the State Corporation Commission (SCC) within 90 days of obtaining your insurance agency license or your insurance agency license will be terminated. You may register your business with the Clerk's Office prior to obtaining the insurance agency license. The Bureau will verify your business registration electronically. If operating under a trade name or 'doing business as' name, register your fictitious name with the SCC Clerk's Office. Visit [EXTERNAL LINK] - Virginia SCC - Business Types. The Clerk's Office phone number: (804) 371-9733. Email any required licensing documents to [email protected] or fax to 804-371-9290.
  3. I called the number above; they sent me to the link above (Entity Formation) which I couldn't proceed as I'm based in FL. It gave me an error saying I need to be based in Virginia.
I'd assume that not every insurance agency has an official address for each state.

Just need some guidance/feedback on what I may be missing to get this state completed properly.
Reading facebook groups Virginia has some type of quirk in corporate licensing as I recall . Get on Medicare monsters and ask the question . You’ll get an answer
 
Entities in VA need a registered agent in the state to get an entity license.

It's just more fees. It's funny that they're one of the biggest PIA states for this considering that their non-res indy license is so cheap.
Thanks Ray.

Would you happen to know how many states you have used a Registered Agent? It's $354 for the RA based on the info/link below.


I received this email from one of my uplines last night that repeated what you posted:

In order to license an agency in many states, they are required to register with the Secretary of State’s office and maintain a physical presence in the state. It is common for agencies to not have someone physically reside in the state so what would need to be done in that situation is for them to enlist the services of a Registered Agent. There are many companies that offer this service for a fee. The one that we use is called CT Corporation, and I have included the link below. If you visit their site you’ll see an option to select “Registered Agent Services” which will get you started, or you can reach out to them via their Contact Us section. Of course, if you prefer to look at other companies, you can always google “registered agent services” and reach out to another.


CT Corporation:

[EXTERNAL LINK] - CT Corporation
 
Thanks Ray.

Would you happen to know how many states you have used a Registered Agent? It's $354 for the RA based on the info/link below.


I received this email from one of my uplines last night that repeated what you posted:

In order to license an agency in many states, they are required to register with the Secretary of State’s office and maintain a physical presence in the state. It is common for agencies to not have someone physically reside in the state so what would need to be done in that situation is for them to enlist the services of a Registered Agent. There are many companies that offer this service for a fee. The one that we use is called CT Corporation, and I have included the link below. If you visit their site you’ll see an option to select “Registered Agent Services” which will get you started, or you can reach out to them via their Contact Us section. Of course, if you prefer to look at other companies, you can always google “registered agent services” and reach out to another.


CT Corporation:

[EXTERNAL LINK] - CT Corporation
It's not many.

And I wouldn't pay $354 either. These guys are a lot cheaper:

 
Came across this service: [EXTERNAL LINK] - Insurance Agency License | Supportive Insurance Services

It may be worth it depending on their cost. I'm getting a headache from all of this.

Also, came across this website for RA ($100 per state for 5 or more states): https://www.northwestregisteredagent.com/registered-agent?

Got an update from my upline when I asked about which states require a Registered Agent:

Mike,

Below is a chart that shows the states that require a registration with the SOS as indicated by each DOI.

Thanks,,

john



STATE
SOS Registration Required by DOI for Non-Resident Agency Licensing?
Notes
Alabama (AL)YesYes, they will still need to register as a Foreign corp.
Per Antwionne Dunklin 11/8/23
Alaska (AK)NoRegistering with the Secretary of State is not required when licensing in the State of Alaska.
Kayla Erickson - 11/27/23
Arizona (AZ)NoWe do not require SOS registration in AZ for an AZ non-resident license.
Olyver Quinlin - 11/6/23
Arkansas (AR)YesThe Arkansas Secretary of State requires non-resident business entities to register as foreign corporations for Arkansas.
Brandon Looney - 11/6/23
California (CA)NoNo. Nonresident entities do not need to register with our Secretary of State.
BE Unit - 11/29/23
Colorado (CO)Nothere is no requirement for a nonresident agency to register with the Colorado Secretary of State, however you may want to contact them as they would be the one to determine if you are required.
James Thompson - 11/6/23
Connecticut (CT)NoThere are no requirements from our department. But you would want to check with the Secretary of the State to discuss any business you are conducting in the state.
Stephanie Garrety - 11/7/23
Delaware (DE)NoYou only have to register with the State secretary if you are opening a company not an agency.
Linda Bullock - 11/6/23
District of Columbia (DC)NoWe don’t have a secretary of state you can hold an agency producer license in DC. You may want to check with DCRA for any requirements concerning the agency.
Willie Hicks - 11/13/23
Florida (FL)Nowhen applying for an agency license you must have either an FEIN, or SSN if a sole proprietor. If the agent will not be registering as a sole proprietor then he will need to apply with the division of corporations to obtain an FEIN and then apply.
Kemisha Williams - 11/9/23
Georgia (GA)NoWe do not have any information to advise on your inquiry. Please contact the GA Secretary of State for more information at (404) 656-2817 or visit https://sos.ga.gov/ . Pearson VUE - 11/8/23 -- not required by DOI
Hawaii (HI)YesYou will need to contact the Hawaii Business Registration (BREG) – Secretary of State to find out if the agency is required to register with their office. Their phone number is (808) 586-2727 and email address is [email protected]. The Insurance Division is a separate division from BREG so they have different requirements.
Norma Beppu - 11/6/23
confirmed on state site for businesses - 1/4/24
Idaho (ID)YesYes, any and all business’s must register with Idaho Secretary of State in order to get a Enity Insurance License.
Katrina Mclean - 11/6/23
Illinois (IL)Nonot required per Tommy at DOI 3/21/24
Indiana (IN)NoRegistration is only required in the agency home state.
Kristi Ware - 11/6/23
Iowa (IA)NoNo this is not required.
Robin - 11/6/23
Kansas (KS)YesYes, please refer to the Kansas Secretary of State for additional information on this.
[EXTERNAL LINK] - Kansas Secretary of State | Page Not Found
Josh Faulk - 11.6.2023
Kentucky (KY)NoKentucky won’t require the agency to hold a license if they don’t want to have that license but the insurance carriers may require that the business gets a license and there is nothing we can do about that. I hope this answers your questions but if not just let us know. David Wilhoite - 11/6/23 -- not required by DOI
Louisiana (LA)YesYes, they must be registered with the La Secretary of State prior to obtaining a license. Thank you.
Tay Davis - 3/15/24
Maine (ME)NoThe Maine Bureau of Insurance does not require seeing any Secretary of State filings in order to license a producer business entity. You may want to verify with the Secretary of State’s office as to what their filing requirements are. Tracy Cunningham - 11/6/23 -- not required by DOI
Maryland (MD)YesYes, that is correct, a registration is required
Licensing Dept - 11/13/23
Massachusetts (MA)YesConfirmed on state site
Michigan (MI)NoSecretary of State registration is not necessary to become a non-resident insurance agency.

However, If your activities in Michigan constitute transacting business in Michigan, as stated in the Michigan Business Corporation Act, 1972 PA 284, then you would be required to file an application for Certificate of Authority to Transact Business or Conduct Affairs in Michigan with the Michigan Licensing and Regulatory Affairs (LARA) Corporations Division at: http://www.michigan.gov/lara/0,4601,7-154-61343_35413---,00.html. For additional information regarding this filing, please review the “Foreign Corporation Filing Information” document provided on the Corporations Division website.

DIFS has provided this information as a courtesy, it cannot provide any guidance or clarification on this process. If you have any questions, please contact the Corporations Division directly at 517-241-6470.
Kim Weaver - 11/7/23

(Items in bold above have links in the next cell)
http://www.legislature.mi.gov/(S(id03d445lefr2c55kd4wdczr))/mileg.aspx?page=GetObject&objectname=mcl-Act-284-of-1972

https://www.michigan.gov/lara/-/media/Project/Websites/lara/cscl/Folder4/560_08-15.pdf?rev=13b15071aad3477ebdf2036c01fea131&hash=CDB8973FAB069D65620E848E14F73A73

http://www.michigan.gov/lara/0,4601,7-154-61343_35413---,00.html

https://www.michigan.gov/lara/-/media/Project/Websites/lara/cscl/Folder4/BCS_CD_268_08-15.pdf?rev=df23c3009cab4daa870cb9db9aafe451
Minnesota (MN)NoLicensing does not require documentation from the Secretary of State to issue a non-resident insurance agency license unless we are unable to verify the agency name in the resident state or if there is a DBA entered on the application that we are unable to verify. You may wish to contact the MN Secretary of State to determine if you need to file with them to do business in our state.
Cindy - 11/7/23
Mississippi (MS)YesIn order to obtain an entity license in the state of Mississippi, the entity must first be registered with the Mississippi Secretary of State office.
-Licensing Division 11/6/23
Missouri (MO)NoDue to the fact, that you do not have a Business Entity in Missouri, you’re not required to register with the Missouri Secretary of State’s Office.
Danielle Anyanwu - 11/6/23
Montana (MT)YesYes you will need to register with secretary of state to be eligible for an agency license.
Brittany Highland - 11/6/23
Nebraska (NE)NoWe do not require this to obtain a license; however, you may want to contact the SOS office to see what they require to do business in NE.
Gina Goodro - 11/7/23
Nevada (NV)NoAll businesses are required to register with the Nevada Secretary of State (NV SOS) even if they do not have a physical location in NV. However, you may also request an exemption if you obtain a license with the Nevada Division of Insurance (DOI) first. You do not need to register with the NV SOS before applying for a non-resident producer firm license with the DOI.
https://www.nvsos.gov/sos/home/showpublisheddocument/2037/636409801030970000
Jennifer Richardson - 11/6/23
New Hampshire (NH)YesYes the registration is required. 603-271-2964 is their phone, www.sos.nh.gov
Joan LaCourse - 11/6/23
New Jersey (NJ)NoWe do not require this to obtain a license; however, you may want to contact the SOS office to see what they require to do business in NJ.
Per phone message from Heather Hogrebe - 11/21/23
New Mexico (NM)NoYou may want to check with SOS to see if registration is needed and if so it is not information you would need to provide to us.
Regina Ramirez - 11/8/23 -- not required by DOI
New York (NY)Yesconfirmed on state licednsing site Required Documents checklist: Department of State filing receipt
North Carolina (NC)NoNo as a Non-Resident is required to have the Business Entity registered in their Resident (Home) State. Only our Resident Business Entities in North Carolina are required to register.
Per Pearson VUE - 11/6/23
North Dakota (ND)YesA business entity does not need to register with the North Dakota Secretary of State prior to obtaining a license with the Department. However, registration is required with the North Dakota Secretary of State in order to be compliant with North Dakota corporate laws.
Cindi Offerman - 11/6/23
Ohio (OH)YesConfirmed on state site
Oklahoma (OK)NoThe answer is no, it does not need a registration with Okla Sec of State in the situation you describe.
Max Worrell - 11/6/23
Oregon (OR)YesIf you wish to have a business entity license here, the business will need to be registered with the Oregon Secretary of State. This applies to both resident and non-resident business entities.
Zachary Lock - 3/15/23
Pennsylvania (PA)NoWhile I cannot say whether registration of the agency with the PA Dept. of State will be required generally (as that is outside of the authority of the PA Insurance Department), I can state that registration is not a requirement for the approval of an application for a PA Non-Resident Producer Agency.
Licensing Dept - 11/6/23
Rhode Island (RI)NoNo registration needed.
Vianka Brown - 11/6/23
South Carolina (SC)NoYou would need to speak with the secretary of states office to verify you are following their requirements.
Emily Knight - 11/6/23 -- not required by DOI
South Dakota (SD)NoThe Division of Insurance does not check for this registration. I cannot speak to any of SOS laws though.
Penney Wagoner - 11/6/23
Tennessee (TN)NoYou will just need a FEIN number in order to apply for a business license. You need to contact the secretary of state and far as what you need for a business in TN.
Licensing Dept - 11/6/23
Texas (TX)YesConfirmed on state site
Utah (UT)NoNot if they have it in their resident state. All they need to apply is a name and EIN.
Royalyn Andrus - 11/6/23
Vermont (VT)YesWe do require that foreign agencies obtain the necessary registration upon applying with the state. Calley Rock - 11/6/23
Virginia (VA)YesConfirmed on state site
Washington (WA)NoResident Only: A WA resident business entity would need to be able to provide a copy of the Articles of Incorporation from the WA Secretary of State’s office to obtain a WA resident BE insurance license.
West Virginia (WV)NoThis should be directed to our Secretary of State. You can reach them at (304) 558-6000 or (866) 767-8683. You can also email them at [email protected]. Licensing Dept - 11/7/23 -- not required by the DOI
Wisconsin (WI)NoOur office does not verify that individuals/entities are registered with the Secretary of State prior to issuing an insurance license. Licensing Dept - 11/8/23
Wyoming (WY)NoNo this is not a requirement for licensure. You will need to check with the Secretary of State on their specific requirements.
Licensing Dept - 11/7/23
 
Anyone who isn't a licensed attorney in VA likely shouldn't be offering advice on what entity (or not) is required to sell insurance in VA and you should seek the guidance of a VA attorney. That said, it doesn't appear you have a presence in the state and as a non-resident license holder (if so), the requirement may not apply to you. I'm licensed in many states and unless you have a contract obligation to have an entity license in VA (which you may or may not have), the requirement seems highly unusual. Would be a shame to spend hundreds of dollars (potentially annually) setting it up wrong because you didn't speak with an attorney.
 

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