For a foreign person registering an LLC In the U.S., which state is best to incorporate in?

I am a foreign person registering an LLC In the U.S. We mostly sell online to U.S. buyers and most products are shipped from outside the U.S. We would like to have a U.S. presence and start with a virtual office and eventually have a physical office and property. We do not live in the U.S., the state the LLC would be registered would be where we would operate from. What state would you recommend for our individual case and why? I am debating between NV, N.H. or DE.

Asked on June 7, 2017 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There really is little to choose between: the law in regards to LLCs (and corporations) is so similar among states that there is little practical difference. That said, DE courts have a reputation for being very fair to foreign businesses incorporated or formed or registered there, since foreign incorporations, etc. provide a great deal of revenue for the state; therefore, to the degree there is anything to chose among with the states, I'd recommend DE, because of their court system's experience with non-local businesses and generally possitive attitude towards them.

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