Tuesday, November 14, 2006

Which state will allow you to license a company under LLC and operate in a DIFFERENT state? -

If I have a company that is operating in MO but I don t want the LLC from MO, which state will allow me to license under them?

zeuz is mostly right. All states will allow an LLC from another state to operate, as far as I know. It is more a matter of the state you are operating in, not an issue about where you organize. Not all states allow non-residents to register as LLC, though. For instance, here in VA, the person registering the LLC has to be a VA resident. In MA, I don t believe there is a residency requirement, but there has to be a local (MA) agent who has a MA address listed, just like for a corporation. Every state is different, so maybe you should start going to the web sites of some of the surrounding states and check what the requirements are. Be careful of web sites that are not state-run. I looked on one site that said there were no residency requirements for a VA LLC when I know there are. So, the issue is not whether the state you organize in will allow you to operate in another state (they all will), but whether the state you want to organize in will allow a non-resident to LLC.All that being said, I think Delaware allows non-residents to LLC. Keep in mind, though, that you will have to meet requirements for both the state you LLC in and the one you operate in, which makes life more complicated. If you register in another state, you will be responsible for that state s requirements, and you will need to register in the state that you are operating in as a foreign LLC, and usually be responsible for all the requirements and taxes and fees and everything that a domestic LLC (one organized in the state you are operating in) is responsible for. Any particular reason why you don t want to LLC in MO?

All of them. The problem is you will owe taxes and fees to both MO and the state where you incorporate the LLC.

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