If you plan to clearly create a business presence in a state other than Nevada then you should add this service so that the Nevada Corporation or LLC will have the right to conduct business in your foreign state. In this way the Officers/Directors/Managers/Members liability is determined under Nevada law if a plaintiff attempts to pierce the corporate veil.
It is usually very easy to maintain your privacy from the public record, even in your home State, by incorporating in Nevada with the use of privacy or nominee services, then filing as a "Foreign Corporation or LLC" in the State where you wish to conduct business confidentially. This service is available in any State, by purchasing the Bronze PLUS Incorporation Package and adding this Foreign Filing Service, but since we have had many client requests, we have developed special programs for California and Florida.
The Foreign Filing Service meets all the necessary foreign state filing requirements including:
- Certificate of status in good standing" from the State of Nevada
- Commercial Registered Agent (1yr service) in Foreign State
- Preparation and execution of filing documents
- Payment of Foreign State filing fees **
- UPS 2nd Day Shipping
In short we take care of the necessary paperwork and payment of fees to complete the filing in the most efficient way possible. Thereafter on an annual basis we will complete the annual foreign state requirements in order to keep your Corporation or LLC in good Legal Standing in the foreign state. You will be billed annually for the foreign state Commercial Registered Agent Service and foreign state annual filing fees.
** Fees cover most states. Some states impose high filing fees (e.g.. Texas)- you will be informed if this is the case prior to your order being processed.
Important Note: If you do not intend to create a clear presence in another state, you should consider the following: Many States take the position that when the President, Treasurer and Director of a Nevada Corporation or the Manager of a Nevada LLC (those public record offices) are residents of their State, then the Company is clearly being managed from that state and is therefore doing business in that state and should therefore complete a foreign filing and pay taxes there. In order to eliminate this eventuality, many of our clients opt to upgrade to the Gold Incorporation Package.
Are you tired of the regulation or taxes being imposed upon your business by your home state, just so you can operate your internet, technology or consulting business? You can change all of this by virtually re-locating your business to Nevada! or even better, to Wyoming. When re-locating your business from your home state, you have 2 choices:
1. Incorporate a new Entity and start fresh (with a new EIN), transfer any business assets, clients etc, or
2. Domesticate (move) your out-of-state entity to Nevada or Wyoming: You keep your EIN and there is no need to transfer assets, clients or even your merchant account AND the ORIGINAL company "incorporation date" remains the same.
Both Nevada and Wyoming domestication statutes allow for you to easily move your entity from any U.S. state that allows this. After preparing the appropriate corporate or LLC resolutions, we file articles of domestication, along with new Articles of Incorporation that result in changing your entity for example from a California LLC to a Wyoming LLC. To complete the transformation, we then file a "dissolution" document in the original home state.
You are now free to operate your business from Nevada or Wyoming without having to deal with your home state! - This assumes of course that your business is as ideal candidate for such change, such as a variety of internet, technology, consulting or service businesses that are able to operate their business virtually.
At the same time that we make the change, we can apply privacy or nominee services, allowing you to conduct business confidentially.
The Domestication Filing Service meets all the necessary state filing requirements in both Nevada/Wyoming and your home state including:
- Filed Articles of Domestication: Nevada ($350.00) / Wyoming ($100.00)
- Certified articles and certificate of good standing from existing state ($100.00 estimated) **
- Preparation of domestication resolutions/documents and filing service ($200.00)
- Payment of Foreign State dissolution filing fees ($100.00 estimated) **
** Fees cover most states: Some states impose high dissolution filing fees or arduous requirements - you will be informed if this is the case prior to your order being processed.
In Nevada The domestication is authorized by NRS 92A.270 and the basic legal premise is described as follows: The Nevada entity resulting from the domestication is for all purposes deemed to be the same entity as the former entity. All rights, privileges and powers of the old organization, all property owned by the old organization, all debts due to the old organization, become vested in the Nevada entity and become the property of the Nevada entity to the same extent as vested in the old organization immediately before domestication. The title to any real property vested by deed or otherwise in the old organization is not reverted or impaired by the domestication. All rights of creditors and all liens upon any property of the old organization are preserved unimpaired and all debts, liabilities and duties of an old organization that has been domesticated attach to the Nevada entity resulting from the domestication.
In Wyoming The domestication is authorized by WY Stat § 17-29-1012. (2015) and the basic legal premise is described as follows:
Any limited liability company created under the laws of any of the several states of the United States for any purpose except acting as an insurer as defined in W.S. 26-1-102(a)(xvi), or acting as a financial institution may become a domestic limited liability company of this state by delivering or causing to be delivered to the secretary of state articles of domestication. Upon filing the articles of domestication, the secretary of state shall issue to the foreign limited liability company a certificate of domestication which shall continue the company as if it had been created under this chapter. The articles of domestication, upon being filed by the secretary of state, constitute the articles of the domesticated foreign limited liability company and it shall thereafter have all the powers and privileges and be subjected to all the duties and limitations granted and imposed upon domestic limited liability companies under the provisions of the Revised Uniform Limited Liability Company Act.
PLEASE NOTE: This service is an "add-on" to a regular incorporation package.
