...but my principle business office is in another.
I am a Delaware LLC, but due to a recent move, my company's office is in Pennsylvania.
What should I do?
Do I dissolve the Delaware LLC and start a new one in PA? Or should I file in PA as a foreign corporation, and leave it as is? Can anyone give me a run down of the pros/cons of those options, or have any other ideas?
I am getting ready to apply for my own authority, so that compounds the problem for me.
Thanks in advance for any and all suggestions.
- W2W
My LLC is in one state...
Discussion in 'Ask An Owner Operator' started by Wings2Wheels, Aug 25, 2010.
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I don't think I would ever give up a DE corp
They have some of the best corporation protection laws in the country
Spend the bucks you cheapaxx pilot and see a attorneyWings2Wheels Thanks this. -
Yeah yeah...I don't like to give those blood-suckers any more of my hard-earned cash than absolutely necessary!
Thought a smart guy like you would be able to help out a little!
I think I'm going to keep the DE LLC and file as a foreign corporation with the PA Secretary of State.
Unless someone else has a better idea!!!
Oh, and as a quick aside - anyone who has the inclination, access to the interwebs, and half a brain can figure out for himself or herself most of what you'd pay a lawyer $500 or more for. Are there certain things you should seek legal counsel on? Absolutely. This is a relatively straight forward matter that, with proper research, can save me a lot of cash I'd waste having a lawyer tell me what I've already researched. I was hoping someone might have done this already, and might have a perspective on how it worked out. -
It really depends on if PA treats outside corperations as a foreign corperation and taxes them as such. Then you have to weigh the cost vs benefits to you personally and make your decision.
I agree with RAG, I would be very hesitant to give up the DE incorperationWings2Wheels and lonehound Thank this. -
When I applied for LLC I could of chosen to file it in any state i wanted to, many people who start LLC's choose different states to start them in because they have cheaper articles of organization costs. But depending in what state up you live in, your state might require you to pay taxes in their state since you're operating your company in their jurisdiction. But i'm not 100% sure. Just call a lawyer and ask. Hopefully he wont charge you just for asking.
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Of course, that doesn't apply to lawyers! -
Read them yourself.
Otherwise, why do you expect someone on here to go and read them for you and give you free advice? -
"Oh, and as a quick aside - anyone who has the inclination, access to the interwebs, and half a brain can figure out for himself or herself most of what you'd pay a lawyer $500 or more for. Are there certain things you should seek legal counsel on? Absolutely. This is a relatively straight forward matter that, with proper research, can save me a lot of cash I'd waste having a lawyer tell me what I've already researched. I was hoping someone might have done this already, and might have a perspective on how it worked out."
I don't expect anyone to do anything for me. Never have, never will.
I came here to ask if anyone has been through a similar situation, and what their experience was.
Asking is still free, and I'm not here to reinvent the wheel.
I already have done the research, but that doesn't mean I didn't miss something.
Whether it's aviation, or trucking, or the military - all of which I have current, direct experience with - the regulations and laws can be and have been interpreted differently, with many loopholes therein.
Of course, I'm probably not telling you anything you don't already know.
Are you a lawyer?Big Don Thanks this. -
OK, before you get all bent out of shape and give me the hell that I deserve for posting that, I WAS ONLY KIDDING.
Gathering information is what this here place is all about. And we have all kind of info on here, good bad and indifferent!
I don't know about your particular situation, but I do know that a huge number of companies incorporate in states other than where they are based out of. It is all due to $$$$$$$$$$$$$.
Fact is, you probably don't need to talk to a lawyer. I bet you have an accountant that you use, that can give you good advice on this.Jimbo60 and Wings2Wheels Thank this. -
Problem solved.
For those who care to know, or run into this situation themselves, here's what I did.
I filed an 'Application for Registration - Foreign' with the Pennsylvania Department of State Corporation Bureau, along with a docketing statement. Wrote out a check and sent it in with the forms. Within 2-3 business days I should be authorized to 'do business' in the state of PA.
I get to keep the corporate protections offered by Delaware, while having my principle office in Pennsylvania.Civilservant, Big Don and RAG Thank this.
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