Where should I form an LLC?

UPDATED: Oct 1, 2022

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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

Asked on March 23, 2018 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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