Registration of Foreign LLC for Online Businesses
So, if you register an LLC in Wyoming but live in New York and run the business out of your home, you’ll then have to register it in New York as a foreign LLC. It states you must create a foreign LLC where you do business, but does that apply here?
Is an online business a foreign LLC?
Do you have to register an LLC out of state for an online business? If we take an order from Maine, and then ship their product, would we have had to file in Maine as a foreign LLC? So, online businesses may not have to create a foreign LLC in every state customers reside.
Establishing a US Presence for Foreign Corporations
- Establish a US subsidiary. This is a US company that is owned by the foreign corporation.
- Set up a branch office. This is an office of the foreign corporation that is located in the US.
- Set up a representative office. This is an office of the foreign corporation that is located in the US and is used for marketing or research purposes.
Understanding Foreign LLC
What does foreign LLC mean?
A foreign LLC refers to an LLC that conducts business in a state other than the one where it was originally registered. It requires registering in those additional states as a foreign limited liability company by filing paperwork with the Secretary of State. The term “foreign” denotes that the LLC is registered outside its home state, and has nothing to do with whether owners are US residents.
A foreign LLC must register with a state if it has physical business assets or activities there, such as a warehouse, store, office or manufacturing facility, paid employees, business meetings, or business bank accounts.