Which state should I form my LLC in?

UPDATED: Oct 1, 2022

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Which state should I form my LLC in?

I currently live in GA and started an online business. I provide services to

people all over the country doing digital marketing. My plan is to move to

FL in the next 3-4 months. Should I form my LLC in GA or in FL? Since I noticed that GA does not have domestication so I won’t be able to transfer the LLC to FK for a permanent move in a few months.

Asked on November 1, 2018 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, there is almost nothing to choose between among state 1 and state 2 in terms of forming an LLC: in terms of substance, the LLC law of all states is so close to make it a moot issue in terms of your rights and responsibilities which state you choose.
The above said, there is a slight advantage to forming the LLC where you will be based, because that is where you are most likely to sue or be sued. While the terms of the laws are all basically the same, state to state, the exact languague used in the law, the citations (the code numbers) of the statutes, the names of the relevant cases, etc. varies state by state. You want those things to be as familar as possible to your attorney if/when you sue or are sued, and since you are most likely to be engaged in litigation where your business exists, if you are shortly moving to FL, form the LLC in FL.

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 AttorneyPages.com 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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