Legal Question in Business Law in California

Move an LLC from NY to CA

My wife and I have a NY State LLC but have just moved to California. Rather than register as a foreign corporation and pay both NY ($500/yr) and CA ($800/yr) annual filing fees, I would like to move the LLC locally. Since this is not technically possible, I'm told we need to dissolve the LLC in NY and constitute a new one in CA. I have found forms to assign our trademark from the old entity to the new one, but need a document to assign all our other assets (bank account, etc). Can someone help me find the correct document to use, or make me an offer to prepare one for us?


Asked on 2/22/07, 8:44 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Move an LLC from NY to CA

I'm out of the office until 3/1 so I can't give you a fully-researched response, but my recollection is that the NY LLC could be merged into a new California entity. This would avoid the necessity of transferring any intellectual property, contracts, etc. and I also think it would allow for continuity of the books and other business matters. You might also consider using an S corporation instead of an LLC because California has an additional (above the $800) franchise fee based on a percentage of sales.

I note that your Zip code is close to mine (94971) and you may be close by.

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Answered on 2/27/07, 1:58 pm


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