What is the law regarding an out of state move and an LLC?

UPDATED: Dec 10, 2014

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What is the law regarding an out of state move and an LLC?

Last year I moved to another state. I have an LLC in my former state of residence, and my intent was to do a new LLC filing in the state in which I now live; I was going to dissolve the original LLC. There are no physical products and it is an internet-based subscription company. I stupidly completely forgot to do this, and earlier this month filed my new LLC. A neighbor stated that I should have filed as a foreign business to continue to do business here, and that I have to pay penalties, etc. So, I’m having a heart attack. Could someone please give me a little advice on whether I be penalized for not having filed as a foreign entity, and if so, is it expensive? I traveled/stayed extensively in my former state this year. Does that help any?

Asked on December 10, 2014 under Business Law, Washington


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In most states, this is not really going to be an issue. You just file as a foreign registration with your secretary of state in the new state.  You maintain both states and then you can discuss how you can simply end the registration in the first state. You don't need to dissolve the company to do so. Most states don't charge penalties, especially for an internet-based business.

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