When it comes to transferring your LLC to another state, you have a couple of options, though keep in mind the process will vary by business and by state. If you're not sure where to begin when moving a business to another state, consider this your ultimate guide.
Option 1: Transfer an LLC from One State to Another
The process of transferring your LLC to another state is known as domestication. This may be the easiest and best way to handle an LLC move, especially if your move will be permanent. However, not all states allow it, so you will need to check if LLC domestication is permitted in both states.
Here is a list of states that allow domestication:
Arizona
California
Colorado
Delaware
District of Columbia
Florida
Idaho
Indiana
Kansas
Kentucky
Louisiana
Massachusetts
Maine
Mississippi
Nebraska
New Hampshire
New Jersey
Nevada
Pennsylvania
South Carolina
South Dakota
Texas
Utah
Virginia
Washington
Wisconsin
Wyoming
You can create a domesticated LLC by filing a certificate of good standing from the old state along with your articles of domestication in your new state. You'll then need to dissolve the LLC in the old state.
Domesticating provides several benefits, including keeping the same bank accounts, tax ID number, credit rating, and maintaining previous business relationships. Additionally, you'll only be located in one state, so you won't have to meet two states' LLC requirements like you will need to in the second option below.
Option 2: Keep Your Old LLC and Register in a New State
If your move is temporary, consider continuing as an LLC or corporation in your previous state and registering as a foreign corporation doing business in a new state.
This option will likely be the most expensive of the three. You will have to pay yearly fees, and you will also need a Registered Agent in both states to keep up with each state's LLC filing and reporting requirements.
However, if you anticipate changing states again soon, this might be your best bet. You can maintain the same Employer Identification Number, bank accounts, and permanent business address while still operating your business in a new location.
To register as a foreign business, check if you meet the criteria for foreign qualification and then submit a form to the state agency responsible for business filings.
Option 3: Dissolve Your Old LLC and Create a New One
If your goal is to form a new business or merge into a new corporation, you must go through the process of dissolving the old one. There are a few different ways to accomplish this: merge the two LLCs, liquidate the old LLC, or have the members of the old LLC contribute their membership interests to the new LLC.
Because this process is the most complicated of the three options, it's a good idea to seek assistance from a local business attorney to make the process as painless as possible. Bizee can also ease the burden by doing the dissolution paperwork for you.
Forming a new LLC can be inconvenient because you will have to get a new tax ID number and establish new business accounts. You may also lose the benefit of good credit that your business has built over the years.
However, forming a new LLC might be your best choice if your state does not allow domestication and you do not want to deal with operating a foreign LLC.
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