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Home Q&A Forum Is LLC formation state-specific?

Limited Liability Company

LLC

New York

Asked on Oct 25, 2023

Is LLC formation state-specific?

I am looking to start a business and am considering forming a limited liability company (LLC). I have heard that the LLC formation process is state-specific, and I want to make sure that I am taking the right steps to form a LLC in the correct jurisdiction. I would like to know if the LLC formation process is state-specific, and if so, what steps I should take to form a LLC in the correct jurisdiction.

2 Attorney answers

Answer

Limited Liability Company

New York

Answered 261 days ago

N'kia N.

ContractsCounsel verified

Business Lawyer
Licensed in North Carolina
Free Consultation

LLC formation is state-specific, as there is no federal formation process. Each state can establish its own laws, including those related to state taxes, for an LLC operating there. However, an LLC must also comply with any applicable federal laws. If you have specific questions about state and federal implications of LLC formation, you might consider consulting with a knowledgeable business law attorney. [I am licensed to practice law by the state of North Carolina.]

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.

Answer

Business

New York

Answered 260 days ago

Damien B.

ContractsCounsel verified

Business Lawyer
Licensed in New York
Free Consultation

I understand you would like to know if an LLC formation is state-specific. And the answer is yes. Each state has its own process, rules and laws for forming an LLC in that state. Generally, a person would form and register the LLC in the state where it has a physical presence and plans to do business. However, sometimes a person may incorporate in another state and register the LLC as a foreign company in the state it plans to do business. This usually occurs if the LLC plans to operate nation wide or because of flexibility in rules, asset protection or tax reasons.

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
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