Do I have to register as an LLC in two states if my business partner and I live across the country from one another?

UPDATED: Sep 30, 2022

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Do I have to register as an LLC in two states if my business partner and I live across the country from one another?

I am attempting to start an online publishing company with an associate who lives
in California. I personally live in Pennsylvania. We want to know whether we need
to file in both states and if not, then which state is the correct one to
establish ourselves in.

Asked on October 15, 2016 under Business Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the state in which an LLC is registered has nothing to do with where the owners ("members") live. Form the LLC in any state you wish to--for small business, generally, that's the state where most of the actual "operations" take place (where most work is done) or, if there is no one state where that happens, for convenience's sake, where the member who's most in charge of legal, regulatory, etc. matters resides. Then after forming your LLC, you need to register it to do business in any other state in which you have significant operations (e.g. a sales office), again, regardless of where the owners live.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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