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I want to incorporate outside my home state. What do I do?

If you choose to incorporate outside of your home state, you will have to qualify as a "foreign" corporation in your own home state. For example: suppose you form your corporation in Nevada, but are physically present and operating in California. While your Nevada corporation is referred to as a "domestic" corporation in Nevada, it is a "foreign" corporation in California and must file a foreign qualification application. (The use of "foreign" is not to be confused with non-U.S. based corporations.)

If you plan on setting up offices or engaging in business in more than one state, we recommend you consult with an attorney who is familiar with the "foreign" corporation rules. It can be wallet-wrenching, especially since your corporation will be subject to the corporation laws of the foreign state, to its taxes, and annual reporting and various fees.


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