There are two options for moving your limited liability company to a different state.The simplest option is to register your limited liability company as a foreign entity with your new state, and keep your existing registration active in your old state.If you plan on moving back to the old state, this is your best option.If you are cutting ties with the old state, you will have to pay taxes, file reports, and maintain permits in both states.If that is the case, you need to file articles of domestication with your new state.
Step 1: If you do business in your old state, keep your limited liability company.
In some cases, it is beneficial to register an out-of-state entity in your home state.You will have to file reports, maintain licenses, and pay taxes in each state, but it is worth it if your business will still be active in the old state.You will need to complete duplicate reports and file annual paperwork for each state.It is possible that your tax liability will increase.Even if you don't make any money in California, you still have to pay an annual franchise tax to stay registered.
Step 2: You can visit the secretary of state website.
On your new state's secretary of state website, you can find information about foreign registry and access application forms.To find the right page, use the online search for "business entities," "secretary of state," and the state's name.
Step 3: If you want to register for a foreign country, you need to complete a form.
You can find a link on the secretary of state website to apply for a foreign registry in your new state.You can submit the form online in some states.You have to submit it in person or mail it.The information you enter will include the name, date of registration, and state where it was originally formed.
Step 4: If necessary, choose an alternate name.
States have rules about how to format a business name.If your business includes words that are not allowed in the new state, or if there is already a registered business with that name, you will have to choose an alternate name.The alternate name should be entered on the application form.
Step 5: If you're moving to a new state, you need a registered agent to serve the process.
A registered agent is a company that receives legal documents on your behalf.You will need to apply for a registered agent in your new state.A registered agent service is used by most business owners.You can find a company in your new state on the internet.
Step 6: A certificate of good standing from the original state is required.
Your old state might refer to this document as a certificate of status, existence, or facts.You can find one on the secretary of state website.You will receive a digital copy of the certificate.You can include it with your foreign registration application if you print it.If you are filing online, check your state's instructions to see if you should send the certificate or upload it.
Step 7: The application should be submitted and the filing fee paid.
You can file the application online, mail it, or submit it in person.You will have to pay a filing fee when you submit the application.You should receive a certificate of registry within 5 business days if you choose to do so.In some states, you can get a digital copy of your certificate in as little as 24 hours.
Step 8: State or local licenses are required.
You need licenses to operate in the new state depending on the nature of your business.If you want to open a restaurant in a new jurisdiction, you will need a food service license, liquor license and other permits.
Step 9: Domestication can be allowed in your new and old states.
Most states allow foreign business entities to convert to domestic entities.If your old state doesn't allow domestication, you'll need to register as a foreign entity with your new state.You would lose your employer identification number and business credit history if you register a new company from scratch.
Step 10: An article of domestication application is required.
You can find the business entities section on the secretary of state website.Links to application forms for domestication or conversion can be found here.Information about the original formation, its initial and converted business name, and the business's address in the new state can be entered.If your business name isn't available in your new state, you'll need a new one.
Step 11: You should appoint a registered agent in your new state.
In the event of a lawsuit, your registered agent will accept documents for your business.You need to choose a registered agent in your new state and list their information on the conversion application form.Business owners prefer to use a registered agent.You can find a company in your new state on the internet.
Step 12: A certificate of good standing is needed.
The certificate can be ordered on the secretary of state website.You are up to date on taxes, your business exists, and you have filed proper annual or biennial reports.You should include a copy with your application form.In some states, ordering a certificate of good standing is free.It costs between $10 and $20 in others.
Step 13: Pay the filing fees when you submit the application.
You can file the form online, in person, or by mail.Depending on the state, filing fees can range from $20 to $150.You should receive a registration certificate after submitting your application.You can pay to have your application processed in 24 to 48 hours.It can cost up to $500 to expunge your application.
Step 14: After your application has been accepted.
Domesticate first and then dissolution is the most important part of the process.If your domestication application is rejected, you could be without a business in any state.The dissolution process varies by state, but always involves filing articles of dissolution with the secretary of state.You can keep your bank accounts, lines of credit, credit history, and tax ID number if you domesticate an limited liability company.You will need to update your business accounts with your new office address, phone number, and any other changes in contact information.You may need to submit a certificate of dissolution to your new state in order to finalize the domestication process.
Step 15: If necessary, apply for a state or local license.
You will still need licenses to operate in your new location after you domesticated your company.Liquor or food service licenses are examples.If you want to learn more about your new jurisdiction's applicable codes, consult an attorney.