Where should I form an LLC?

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Where should I form an LLC?

If im an online business shipping nationwide,
do I have to form an LLC in the state im
shipping and working from? or can I form in
another state like Delaware or Nevada?
If so, what are all the licenses and permits that
I need? I get confused if I need to follow Texas
laws or Delaware?
If i file in Delaware, what do I need to file for in
Texas? I do plan one opening a physical
location in Texas, but not within the first few
years

Asked on March 23, 2018 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You can form your LLC (or corporation) in any state: it does not have to be where you have operations.
2) You would have to file to do business as a "foreign" (i.e. not formed there) corporation in a state if you have operations there but the company was formed elsewhere: this is a simple, inexpensive matter of paying a relatively small fee and providing the right information to the state's secretary or department of state, and can be done online.
3) Generally, you follow the laws of the state where you operate (e.g. the labor/overtime and environmental laws of where you "ship and work" from). The exception is that if you enter into a contract with someone (like a supplier, a sales rep, a contractor, etc.), that contract can state that issues arising under the contract or from a dispute involving it will be decided under whatever law you choose and the other side agrees to in signing the contract. The contract can also specificy which court any dispute would be heard in. But again, this is only when you have a contract with someone and they agree to your terms.


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