Legal Question in Business Law in New York
I recently formed an llc for an online business in Nevada because "I thought" it would be the cheapest option even though my address is in New York. After getting all the legal forms in the mail, I discovered i would still need to register as a foreign entity in New York, pay taxes, and yearly fees. Is it possible for me to transfer my new LLC to New York. How do I form my LLC in the cheapest way?
Thanks!
-Dain
3 Answers from Attorneys
As a franchise attorney I can tell you LLC's cannot be transferred from one state to another. You need to form another LLC in NY and discontinue the one in NV. This time, use an attorney. If you had used one to begin with, you would not be in this predicament now. Don't try to go the cheapest way; it ends up costing you the most in the long run. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
My colleague is correct. You will need to dissolve the NV LLC and form a new LLC in New York. In addition, don't forget that you will also need to publish the formation of the LLC in NY. The decision in which county to place the LLC will have a direct impact on the cost of publishing. If there are additional members in the LLC then it will likely present further challenges. Finally, dissolving the LLC does not dismiss your obligation to file a tax return in NV (if one is required by NV) for the year(s) that the NV LLC was in existence.
You should consult with a business attorney admitted in New York to avoid making a mistake twice.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
Admitted in New York and Connecticut
Start-Ups * Technology, Internet & New Media * IP & Business Law * M & A * Due Diligence
Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.
You made the same mistake I counsel my clients against all the time. I can form your LLC in NY for just $450 (single-member, includes all state fees, expedited processing, required operating agreement, and EIN), plus the cost of legal publishing for $295 all-inclusive (assuming you are in Essex County). For more info, see: http://www.lowcostlawfirm.com/inc.htm and http://www.newyorkllcpublishing.com.
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