Which state should I form my LLC in?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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