Legal Question in Business Law in Maryland

I plan to start and operate a Micro Brewery in the state of Maryland. Do I have to create a LLC in Maryland? I would like to create this under the State of Delaware. As with the permits and licensing along with the operation of a brewery which method would be best?

Asked on 9/27/12, 8:20 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

One can create an LLC anywhere, but you must register it in Maryland if you intend to do any business in Maryland. If created in another state, you will need to register as a "foreign" LLC in this state and any other state you intend to operate in. For many small businesses the costs of registering and maintaining a legal presence in two states makes little sense.

Industry specific permits and licensing will be required no matter where the entity is created, again, any business operating in this State must be registered and licensed here. Both Delaware and Nevada have a reputation as business friendly magnets but I encourage small businesses to evaluate the actual pros/cons in their particular situation before incorporating or forming in a state outside their primary place of business.

You may wish to consult with an attorney who can assist you in business formation and in many cases an accountant is also part of a successful start-up team. My firm offers flat-fee business formation packages for small businesses and start-ups, with a free initial phone consult of up to 10 min. Other law firms in the area assist small businesses as well and you are welcome to contact the attorney of your choosing.

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Answered on 9/27/12, 8:57 am

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