Should the LLC be established in NJ, and then registered as a Foreign Company in NY? Will I then also need a Registered Agent in NY? Or, can I set up the LLC in NY only and will I still need Registered Agent since I live in NJ and do not have a non-P.O. Box commercial address? My business is consulting services and I will be working primarily from home (NJ) with non-profit organizations who are based in NY.
Real Estate Attorney
You could actually do it either way. If you set up in NY you will need a physical address.
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From the facts your provided, since you are performing the services in New Jersey, and are a New Jersey resident, most likely you should set up the LLC in New Jersey. Depending on how you are rendering the services, you may have to be authorized to do business in New York and other states, but that may also not be a requirement. Frankly, this is not something you should do yourself. You should hire a good tax and business attorney to help form the LLC, decide where should be formed and to help establish your business correctly. This will save you money and help you grow better in the long run.
I hope this helps!
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2 lawyers agree
Venture Capital Attorney
I agree with my colleagues. It seems best that you would register your company in New Jersey. Unless there are compelling tax reasons or other logistical reasons to be in New York, it appears that registering in New Jersey would be a sound option. If there are other facts to consider, it would be worth it to sit down with an attorney and talk through all the facts of your situation to find the best possible solution for your business.