Forums: Discussions for entrepreneurs and small business.

If a corporation is formed in one state, and the business wishes to move to another state how is this done? Can a corporation move or does the first corporation have to be dissolved and a new corporation formed in the new state?

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Steve - Kirk Foods, LLC home of the Gluten Free Cookie Factory - To reach any significant goal, you must leave your comfort zone. - Hyrum W. Smith, Founder, Franklin Quest

I am so glad you asked this. There is a possiblity that I may be moving states in the near future and I was wondering how does this affect my LLC. Thanks for asking, and I look forward to the responses.

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**College Application** **Scholarship Search** **Essay Editing** The Experts in College Admissions Counseling. CollegeStrategiesOnline.com Blog.CollegeStrategiesOnline.com

Well, there are two options one is dissolving the corporation, another is filing as a foreign corporation in the state you wish to do business in. Remember, if you apply in a different state as a foreign corporation you will have to pay taxes for that state and the state you originally formed your corporation in. There is really not much on this subject. But I was planning on moving back to NJ, so What I might do is, file as a foreign corporation for the first year and talk to a lawyer out there and have him do the paperwork.  

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Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net

i just did this.. I used www.myllc.com the prices were good and service was great.

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http://www.startupworld.Blogspot.com

Steve,

First a disclaimer-  Always consult an attorney on business formation issues, especially when it involves multiple states.

That being said:

Before re-incorporating in the new state, consider re-incorporating in another state that does not have an income tax (Nevada). Typically you can do this even if you have no physical presence in that state. Then when your LLC is formed there, the typical process is to apply to the state you wish to do business in to be admitted. In Florida, the fee for registering a foreign LLC is about $125.  This will allow you to expand to new states or a new state without having to reform or having to apportion taxes to both your state of formation and the state(s) you are doing business in.  Also, a Neveda LLC may have other benefits to you in the protection against litigation area-- again, consult an attorney on this one.

Good luck on the migration.

Brian

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Brian M Lewis, Certified Public Accountant www.brianlewiscpa.com Information provided for discussion purposes only. Always consult your own CPA for advice specific to your situation prior to making tax decisions.

I know this question was asked a while ago, but I had something else to ask along the same lines.

 

I recently moved my corporation from OR to CA and was going to fill out the Foreign Corp paperwork until I can get a lawyer to help reorganize.

 

For anyone who has filled out this form before, what did you put for the address of the principal executive office? I no longer have an address in OR. Maybe it won`t work for me to be a foreign corporation? I am going to hire a registered agent, as I was the registered agent before, and I am obviously no longer there. Could I use that address?

 

Thank you for any ideas!

Ok if you recently moved your corporation from Oregon, to California I am assuming you are residing in the state of California correct?
I don`t see how its going to work for you unless you have a family member in Oregon that may be willing to let you use their address. Or get a Virtual office in the state of Oregon.

You can use The Company Corporation as your registered agent, Its 215.00 a year for their service..

I hope this works for you.. Keep in mind Cali Corps are expensive.


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Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net

Thank you for your reply!

Is a virtual office a valid choice for my principal office? I`ve never heard of it before! (I wikipedia-ed it! :)) Have you had any experience with one? So I assume all the official mail goes there, and I would need to have it somehow forwarded?

Pardon my ignorance. Thanks for your help!

Emily

Yes, the virtual office serves as the Corporations Address. This is where all your important information goes to.. The people that run the Virtual Offices usually send you everything to your address (where you are at now) My suggestion to you is why not just incorporate in the state of California since you`re here?

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Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net

Steve, College Coach, and Emily80:
Consult an attorney for legal advice! We can chat about stuff, but this is too serious a matter to not consult an attorney in your current state of residency.  I do know that corporations I`ve worked for in the past were often Incorporated in other states because they were tax-friendlier states.

Jillybeans