Legal Question in Business Law in Nevada

CA LLC investing in NV real estate / ''transacting business''?

Is a foreign (CA) real estate investment LLC ''transacting business'' in NV such that it would need to register as a foreign LLC per http://www.leg.state.nv.us/NRS/NRS-086.html#NRS086Sec5483 if the CA LLC buys investment property in NV and rents it out, having its management/headquarters solely in CA?

The law seems to mention mortgages but doesn't say anything directly about buying real estate, or collecting rents, etc?? Thank you for any pointers.


Asked on 4/19/05, 1:40 am

2 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: CA LLC investing in NV real estate / ''transacting business''?

If you are receiving rents from Nevada investment property then you need to register as a foreign LLC.

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Answered on 4/19/05, 5:48 am
Daniel Harrison Berger Harrison, APC

Re: CA LLC investing in NV real estate / ''transacting business''?

Yes. The LLC is doing business in NV. The LLC will need to be qualified in every state that it owns real estate. If you don't qualify to do business in NV, the LLC will not be able to defend itself in court if it gets sued.

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Answered on 4/19/05, 10:41 am


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