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Non-California Entities

Ross' Review: I'm finding that about one-half of the foreign (i.e., not formed in California) entities I'm dealing with are not qualified to do business in California. Granted, filing for qualification with the California Secretary of State is an added expense of doing business in this state. However, failure to do so can render which contracts foreign entities enter in California unenforceable, and has criminal implications as well. If you are a constituent of a foreign entity, make sure you qualify in California if you do business here. If you are a California entity, be alert to this issue when dealing with foreign entities, and be wary of qualification requirements in other states when executing contracts and conducting business outside of California.