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Can I Register My LLC in a Different State?

Created by FindLaw's team of legal writers and editors.

Last updated 11/5/2019

If you live in a state with high tax implications and are planning to start an LLC, registering it in a different state may save you money and resources. But the procedure of registering a company out of state is not easy. There are several requirements and compliance issues that you need to consider.

Can I Register My LLC in a Different State?

Yes. You can register your LLC in a different state if you comply with the laws and regulations of both states.

What Are the Requirements of a Foreign LLC?

If you decide to register your LLC out of state, you should note that you will be considered a foreign LLC. As a foreign LLC, you must file for a certificate of authority and pay the required registration fees. Depending on the state, you may also need to pay state taxes like corporate and franchise taxes.

Registering Your Business in State vs. out of State

The following table compares the implications of registering your business in state versus out of state.

Incorporating in state

Incorporating out of state

  • Relatively straightforward process
  • Relatively complicated process
  • The company is incorporated and is conducting its business in one state. You only need to comply with the laws of that state.
  • You need to comply with the laws of both the state of incorporation and the state where the company conducts its primary business.
  • The registration process may be more expensive.
  • The registration may cost less depending on where you incorporate the company
  • Pay taxes only in one state

States Considered Business-Friendly for Foreign LLCs

Most people consider the following states beneficial for out of state businesses to register:

  • Delaware: Over 1 million corporations are incorporated in Delaware. Companies choose Delaware as a haven for incorporation because Delaware has an advanced and flexible General Corporation Law. Delaware also has low initial filing and franchise fees, assistance for new business owners, and highly accommodating business entity laws.
  • Wyoming: Registering your business in Wyoming has a number of advantages including no state taxes, low start-up costs, and no U.S. citizenship requirements.
  • Nevada: Registering your business in Nevada has numerous advantages, including no franchise or corporate taxes, low registration fees, and strong privacy protection for business owners.

Additional Resources

Consult an Attorney If You Are Planning to Register Your LLC out of State

If you plan on registering your LLC outside of the state where the LLC conducts its business, you need to comply with the laws of both states. Therefore, it is important to consult a business law attorney in both states to ensure your LLC runs smoothly.

Next Steps

Contact a qualified business organizations attorney to help you choose the best formation for your business.

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