Can I move my LLC from California to Delaware?

Converting a California LLC to a Delaware C-Corporation is one of the easier “reincorporation” transactions. The company’s membership interests must vote to approve the plan of conversion and a certificate of conversion gets filed with the California Secretary of State.

How do I change my LLC to Delaware?

C.). To convert your Delaware LLC to a Delaware corporation, you need to: get the LLC’s members to approve the conversion; and. file a certificate of conversion and certificate of incorporation with the Secretary of State.

Can you convert a California corporation to a Delaware corporation?

The shareholders of the California corporation also must approve the merger and agreement of merger. Through this method, the California corporation is turned into a Delaware corporation without any other change whatever in its business or assets or in the rights of its security holders. This is a “clean” transfer.

How do I move my business to Delaware?

Steps to Move a Corporation to Delaware

1. Depending on the type of Corporation like Stock Corporation or Non-Stock Corporation, you will have to file a “Certificate of Incorporation” pursuant to 8 Del.
2. Certificate of good standing from the existing state of the business entity.
3. Registration of Business Name.

Does Delaware allow domestication of LLC?

[3] Sections 388 and 390 have since been amended periodically to provide greater flexibility and, in their current forms, allow Delaware corporations to transfer and domesticate as any entity type in a non-U.S. jurisdiction (and vice versa).

Can I live in a different state than my LLC?

People often wonder whether they can form an LLC in a state they don’t live in. The answer is yes. Companies have flexibility when choosing where to establish their domicile.

Does Delaware allow domestication?

A Delaware certificate of domestication is used when merging a foreign business with a Delaware one. In order to domesticate the business in Delaware, it must be approved by both jurisdictions. It is rare, however, for Delaware to allow a business to be domesticated in more than one place.

Does California allow LLC domestication?

You are allowed to change the domicile from any state, but you can only move it into a state that supports domestication. Some of the states that currently support domestication include: Arizona. California.

Can you reincorporate?

If a Corporation Has to Reincorporate Reincorporation includes dissolving the current corporation and then forming as a new corporation in the new host state. If the corporation needs to reincorporate, in most instances, it is still able to keep the same name and owners.

What is the difference between conversion and domestication?

Statutory Conversion – Changing from one business entity type to another. Business Domestication – Moving a business entity to a different state, changing its residence (a.k.a. changing its domicile)

What is a certificate of domestication?

The certificate of domestication is quite simple, laying out the original name of the company and what the name of the company will be following the domestication (as written in the accompanying certificate of incorporation or formation), the date of formation, place of domicile immediately prior to the filing the …