Moving Your LLC from One State to Another
Moving your limited liability company's home state while keeping the exact same business entity alive is called domestication. Your federal tax ID (EIN), entity age, bank accounts, credit history, and existing contracts all carry over seamlessly without needing to dissolve the company. This is not the same as foreign filing your entity.
Domestication (or statutory conversion) completely moves your LLC’s legal home state to a new one, changing where it is officially formed. A foreign filing (foreign qualification) keeps your LLC in its original home state while getting permission to operate in an additional state.
LLC Domestication (Statutory Conversion)
· Changes your home base: Your LLC stops being a domestic company in your old state and becomes a domestic company in the new state.
· Shifts governing laws: Your business is now run under the rules and laws of the new state.
· Keeps identity intact: You keep your original EIN#, entity age, bank accounts, and contracts.
· Reduces long-term fees: You completely leave the old state, so you stop paying annual fees and taxes there (unless you also foreign file to stay).
· State limits: Not every state allows this process.
Foreign Filing (Foreign Qualification)
· Adds a state, doesn't move: Your LLC stays formed in your original state.
· Grants local access: Gives your existing LLC legal permission to do business and open offices in a new state.
· Double paperwork: You must maintain compliance, registered agents, and annual fees in both your home state and the foreign state.
· Double the cost: you keep paying yearly to both states to maintain compliance and good standing
· Universal option: Every U.S. state allows foreign registrations
Note:
Because both your origin state and your destination state must explicitly permit statutory conversion for it to work, a restriction in either state will block the process.
The states that completely disallow or do not have a standard statutory process for the out-of-state domestication or conversion of an LLC include:
New York and Pennsylvania do not allowstatutory conversion. Other states like Massachusetts, Mississippi, Oregon, Rhode Island, and Tennessee have restricted rules for conversion.
To find out if your current state will allow statutory conversion, contact the state itself.
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Dan Ollman
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Moving Your LLC from One State to Another
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