Posted by John Merchant on September 05, 2006 at 02:53:49:
Foreign corp/LLC merely owning RE in another state isn’t normally required to register in that state unless it’s doing business in that state…as that term is defined legally, by most states.
If it’s owning and renting out an owned property in that other state, it IS considered to be DB there and is then required to register.
The little book “What Consititutes Doing Business” published annually by CT Corp., primarily for lawyers, has lots of state laws and court decisions on this issue from many states and they’re pretty uniform on this point.
Seems that every state’s legislature has been pretty reluctant to enact laws requiring its foreign corps to register, because that legislature doesn’t want its own companies penalized by all the other states where its own companies are working.
I’d guess that CT Corp, which does a lot of business as the Agent for Service for lots of the big companies all over the country, likely watches these laws closely and lobbies hard to keep the status quo and no new laws being passed requiring such out-of-state registrations.
Interesting that regardless that a company from State A might have lots of its own employees or agents involved in lots of sales activity in the other states but those states say that merely selling something is NOT DB in their states.
As for your renting a mailbox in CA with the NV co. name, maybe you’d want to make a study of the CA SOS website and even make an anonymous call to CA SOS to check into what it would do or say if you rented a local CA mail box under the co. name.
Posted by Nanayaw on September 02, 2006 at 19:48:28:
I have a Nevada LLC but live in California. I run my home office in California as sole proprietorship with as large umbrella insurance policy I can afford. I plan to use my LLC for long term holdings in multiple states and I realize I may have to file to do business in those states depending on the state laws. I use sole proprietorship for real estate transactions and rental income collection. My question is what address and phone number would be best to put on my business cards and stationery-should I just use the address of resident agent for the LLC in Nevada. what about phone number-can I use a Nevada mobile phone number with the bill forwarded to local PO Box here in California.
My question is does opening this mailbox in LLC’s name mean I have to pay the $800 Ca franchise or register in Ca. Ideally I want to use a local California number and address for my Nevada LLC but does paying the California franchise tax allow me to do that or do I need to register with Ca SOS even if I am not doing business in california?what address and phone number should use for business credit applications
Foreign co. and Doing Business - Posted by John Merchant
Posted by John Merchant on September 05, 2006 at 02:56:42:
Foreign corp/LLC merely owning RE in another state isn’t normally required to register in that state unless it’s doing business in that state…as that term is defined legally, by most states.
If it’s owning and renting out an owned property in that other state, it IS considered to be DB there and is then required to register.
The little book “What Consititutes Doing Business” published annually by CT Corp., primarily for lawyers, has lots of state laws and court decisions on this issue from many states and they’re pretty uniform on this point.
Seems that all states’ lawmakers have been reluctant to enact laws requiring foreign corps to register, because they don’t want its own companies penalized by all the other states where its own companies are working.
I’d guess that CT Corp, which does a lot of business as the Agent for Service for lots of the big companies all over the country, likely watches these laws closely and lobbies hard to keep the status quo and no new laws being passed requiring such out-of-state registrations.
Interesting that regardless that a company from State A might have lots of its own employees or agents involved in lots of sales activity in the other states but those states say that merely selling something is NOT DB in their states.
As for your renting a mailbox in CA with the NV co. name, maybe you’d want to make a study of the CA SOS website and even make an anonymous call to CA SOS to check into what it would do or say if you rented a local CA mail box under the co. name.