Where is the best to register my company real estate company?

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Where is the best to register my company real estate company?

I heard so many people saying that DE is a better option and some said no. I live in CA and would like to know where is the best state for me?

Asked on March 14, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no real difference. The laws regarding the different business entitites (e.g. coporations, LLCs) are essentially the same throughout all states. DE's courts do have a reputation for being corporate friendly (so keep companies incorporating there, so they keep getting the revenue) and arguable have more experience with complex and rare corporate issues than the courts of many other states, but those factors really aren't an issue for 99% of companies--only large ones, that may have frequent and complex litigation, might gain any real advantage. 
If you live in CA, form the company in CA. Reason: you will most likely be sued in your own state. While the laws from state-to-state are the same in all essentialls, the names of the cases interpreting the laws, the numbers (e.g. statutory code section numbers) of the laws, and other fine details vary. Since you'll be most likely sued--or, for that matter, sue others--in your home state, you'll most likely have a CA lawyer. It's better if your lawyer is more familiar with those those nuances.


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