I will be incorporating my one-person LLC in another state, what state law controls?

UPDATED: Dec 13, 2013

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I will be incorporating my one-person LLC in another state, what state law controls?

My residence and home office is in one state in which I perform all services for my LLC from across the country; my business will be incorporated in a different state. It will have a website. I need to have 3 legal documents done – LLC operating agreement, service agreement and website terms of use). Under what state law should they be written?

Asked on December 13, 2013 under Business Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can choose: contracts, operating agreements, terms of service, service agreements, etc. can all be governed by whatever law the author of the agreement or terms specificies, so you can select the most favorable law and include a paragraph or provision in each document stating "goverened by the law  of [insert state name here]."

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