Do I need to register my Delaware LLC where I’m doing business?

If I form a Delaware LLC, will I need to register it in my home state where I do business?”

Dear Customer,

A Delaware company can be operated from any state within the United States. The question is whether you will need to file with the other state(s) where you are doing business. The answer is it depends on your activities in those states. Generally if you have a brick and mortar office, employees, licensing, or income-generating real estate in a state outside the formation state then you will need to “qualify” for authority to do business in the other state.

The types of activities which do not require qualification in another state involve simply selling products or services in a state without employees or an office there does not usually require qualification. The information about what types of activities require qualification and the forms can usually be found on that state’s official Division of Corporations website.

Filing a “foreign qualification” includes a completed application, a certified state document (usually a Certificate of Good Standing or certified copy of the certificate of the Articles of Incorporation from the incorporation state), state fees, and the Registered Agent’s address.