Move your LLC to a Different State

There are four methods, and the right one depends on your specific situation — particularly whether you need to preserve your EIN and financial relationships.

Domestication transfers your LLC’s legal home to the new state while keeping everything intact — your EIN, contracts, bank accounts, credit history, and operating history all carry over. This is the preferred method when available, but it requires both states to allow it. If either state does not permit domestication, you must use a different approach.

Merger creates a new LLC in the destination state and merges your existing LLC into it. Like domestication, it preserves your EIN, bank accounts, and contracts. It is available in all states, making it the primary alternative when domestication is off the table. It is also the right choice when combining multiple LLCs or converting from one entity type to another. The tradeoff is cost and time — it is the most expensive and slowest option.

Asset Purchase forms a new company in the destination state, transfers all assets and liabilities to it, and closes the old LLC. It is fast and inexpensive, but results in a completely new entity — new EIN, new bank accounts, and every existing contract must be re-signed with the new company. Best suited for small or newer businesses with few established financial relationships or long-term contracts.

Foreign LLC Registration is frequently confused with merger, but it is not actually a move. It registers your existing LLC to do business in the new state while leaving it legally “home” in the original state — with ongoing fees, reports, and potential taxes still owed there. It is the right choice when your business operates in multiple states, not when you want to exit the original state entirely.

Consult with an attorney to help you determine which method is appropriate before any filings are made.

LLC domestication is the legal process of moving your LLC’s home state while preserving its legal identity. Your EIN stays the same, existing contracts remain valid, and your business’s credit history and banking relationships carry forward — the LLC is simply re-domesticated in a new state.

The process requires filing Articles of Domestication in the destination state and withdrawal or dissolution documents in the original state. Because not all states permit domestication, and because both origin and destination state laws must be analyzed, attorney guidance is essential before proceeding.

In the context of moving an LLC, a merger creates a new LLC in the destination state and merges your existing LLC into the new one. The surviving entity carries forward the same EIN, bank accounts, contracts, and credit history.

A merger is the right choice when domestication is not available — because one or both states do not permit it — but you still need to preserve financial and contractual continuity. It is also useful for consolidating multiple LLCs into one, or for converting an LLC to a corporation at the same time as a state move.

The disadvantage is cost and complexity. A merger requires more paperwork, takes longer, and is the most expensive of the four migration methods.

An asset purchase involves forming a brand-new LLC in the destination state, transferring all the assets and liabilities of your existing LLC to it, and then dissolving the old LLC. The result is a completely new legal entity.

The upside is speed and cost — it is the fastest and least expensive migration method. The downside is that you lose continuity: you will need a new EIN, new bank accounts, and every existing contract must be re-signed by the new entity. Counterparties may need to consent, and some may decline.

Asset purchase is a strong option for small or newer businesses that have few long-term contracts, little established credit, and banking relationships that are easy to recreate. It is generally not the right choice if your LLC has significant vendor agreements, client contracts, or outstanding loans tied to the old entity.

No — and this is one of the most common points of confusion. Registering as a foreign LLC in a new state does not move your LLC. Your LLC remains legally “from” the original state, still governed by its laws, and still subject to ongoing fees, annual reports, and potential taxes there. You simply gain authority to operate in the additional state.

Foreign LLC registration is the right choice when your business legitimately operates in multiple states. It is not the right choice when your goal is to exit the original state entirely, change your LLC’s governing law, or eliminate ongoing compliance obligations there.

New Mexico is an underappreciated option that offers several genuine advantages: no LLC publication requirement (unlike New York, which can cost $1,000–$2,000), LLC members are not required to be listed in public state records (strong privacy), low filing fees ($50), and no annual reporting requirements (saving $100 or more a year).

For business owners seeking privacy or lower ongoing compliance costs, New Mexico is worth serious consideration — and L4SB, headquartered in Albuquerque, has deeper knowledge of New Mexico LLC law than any national filing service. If you are considering a move to New Mexico or are already based here, L4SB can handle the migration with local expertise.

With that said, New Mexico presents the same problems that Florida, Nevada and Wyoming do:  if you’re transacting business in your home state, you may be required to foreign file your New Mexico LLC in your home state, destroying many of the advantages you were hoping to obtain by filing in New Mexico.  Consult with a business attorney before doing this.

Florida and Nevada are popular migration destinations because neither has a personal state income tax, and both offer relatively business-friendly regulatory environments.

Florida is a common destination for business owners relocating from high-tax northeastern states. It allows domestication, has a large and growing small business ecosystem, and L4SB can handle Florida migrations directly.

Nevada has no corporate income tax and strong LLC privacy protections, making it frequently marketed alongside Wyoming. The same caution applies: if your business primarily operates in another state, Nevada will require you to register as a foreign LLC there as well, which can offset the tax savings.

Attorney analysis of your actual operating footprint is essential before committing to either state.

The same caution applies for Wyoming: if your business primarily operates in another state, both Florida and Nevada will require you to register as a foreign LLC there as well, which can offset the tax savings. Attorney analysis of your actual operating footprint is essential before committing to either state.

Furthermore, tax savings depends entirely on the tax status of your LLC.  If your LLC is taxed as a pass-through entity (i.e. taxed as a disregarded entity, S-Corp or partnership), the profits and losses will flow through to the owners, and you will carry the respective tax burdens personally in the states where the owners reside.

L4SB charges flat-rate fees for LLC migration — you know the cost upfront, with no hourly billing and no surprise invoices. This is a meaningful difference from traditional law firms that bill by the hour for every email and phone call.

The total out-of-pocket cost has three components: L4SB’s flat attorney fee, state filing fees in both the origin and destination states (these vary by state and are paid directly to the state), and registered agent fees in the new state if applicable.

For current flat-rate pricing, visit:  https://www.l4sb.com/services/move-your-llc-to-a-different-state/.

The timeline depends on the states involved and the method used. Domestication typically takes 4–8 weeks from filing to completion, depending on each state’s processing times.  Merger can take 1-3 months, depending on the states involved. Asset purchase can be completed in within a few weeks, but requires additional steps to transfer assets and relationships.

Some states offer expedited processing for an additional fee. L4SB handles the filings and coordinates the process so nothing falls through the cracks.

It depends on the method:

– Domestication: Yes — the LLC is the same continuing entity, so the EIN stays the same.
– Merger: Yes — the surviving entity retains the EIN.
– Asset Purchase: No — the new entity is a separate legal entity and requires a new EIN from the IRS.
– Foreign LLC registration: Not applicable — no entity change occurs; the EIN is unchanged.

Preserving your EIN is one of the most important factors in choosing a migration method, since it affects your banking, payroll, lending, and IRS history.

Under domestication or merger, the EIN typically stays the same because the LLC is treated as a continuing legal entity — it has simply changed its home state. Under an asset purchase, a new EIN is required because a new entity has been created.

IRS treatment can be nuanced and is subject to change. Working with an attorney alongside your CPA ensures the migration is handled in a way that avoids unintended tax consequences.

Yes — always. Any move, regardless of method, should include a review and update of your operating agreement for the new state’s LLC laws. An operating agreement drafted for one state may contain provisions that are unenforceable, incomplete, or in conflict with the destination state’s requirements.

This step is frequently overlooked and can create liability protection gaps. L4SB includes operating agreement review and simple edits as part of its LLC migration service, or can draft a new agreement if you do not have one.

The answer depends entirely on which migration method you use.

Under domestication or merger, contracts and bank accounts generally carry over automatically — your LLC is treated as a continuing legal entity. You will typically need to notify your bank and update your registered agent, but no formal reassignment of contracts is required.

Under asset purchase, a new legal entity is created. Contracts do not automatically transfer — you will need to assign them to the new entity, and counterparties may need to consent depending on the contract language. Bank accounts must be opened fresh under the new entity.

This distinction is one of the most important reasons to choose the right method before filing anything.

Not automatically, but it often should. If you are primarily running your business from your new state, that state may require you to register there — either as a foreign LLC or through domestication. Failing to do so can result in penalties, loss of good standing in your original state, and potential personal liability exposure.

The right answer depends on where your business actually operates, not just where you live. A brief attorney consultation can clarify your obligations and the best path forward.

Possibly — but it requires careful legal analysis before acting. If your business still has employees, customers, or operations in California after the migration, California may still consider you to be “doing business” in the state and assess the franchise tax regardless of where your LLC is registered.  Review the California Franchise Tax Board’s helpful one-page primer on the thresholds and other factors that determines whether your LLC is “doing business” in California.

This is one of the most commonly mishandled LLC migration situations. Business owners migrate, assume they have eliminated the California obligation, and discover later they still owe it. An attorney should analyze your specific business activities before you make this move.

Wyoming is a legitimate option for some businesses — it has no state income tax, strong LLC privacy protections (members are not required to be listed in public records), and low annual fees. But the benefits are often overstated in online marketing.

If your business primarily operates in another state, Wyoming will likely require you to register as a foreign LLC in that state anyway — potentially eliminating the tax advantage while adding a second set of filings and fees. The right answer depends on where your customers are, where your employees work, and where your business actually operates. An attorney can assess whether migration to Wyoming produces the outcome you are expecting.

Consider a 30-minute business attorney consult with Law 4 Small Business (L4SB) attorneys before doing this.

You are not legally required to use an attorney, but the consequences of choosing the wrong method are significant and lasting. The method you choose — domestication, merger, asset purchase, or foreign LLC registration — has permanent effects on your EIN, contracts, taxes, liability protection, and operating agreement.

A filing service can process paperwork. It cannot advise which method is legally appropriate for your specific state combination, analyze how migration affects your existing contracts and obligations, or update your operating agreement to reflect the new state’s law. That analysis is legal advice, and only a licensed attorney can provide it.

There are three main methods, and the right one depends on your specific situation:

Domestication transfers your LLC’s legal home to the new state while keeping everything intact — your contracts, EIN, bank accounts, and operating history all carry over. Not every state allows it, so an attorney must confirm it’s available for your state combination before you proceed.

Merger creates a new LLC in a new state, and then mergers your old LLC into it, with the new LLC being the surviving entity.  All states support this, although it can be quite expensive and take more time than a Domestication.  Like a Domestication, your contracts, EIN, bank accounts and operating history all carry over to the surviving entity.

Asset Purchase means closing the existing LLC and opening a new one in the new state.  It can be faster and less expensive than Domestication or Merger, although requires a new FEIN because it creates a new legal entity — meaning contracts, licenses, and banking relationships need to be actively transferred.  Some of our competitors call this “Dissolve and Reform“.  You are starting a new company in a new state, which acquires the assets of the old company in your old state.

Foreign LLC registers your existing LLC to do business in the new state without actually moving it. It’s frequently confused with migration, but it leaves your LLC legally “home” in the original state — with fees, reports, and taxes still owed there. It’s the right choice for expanding into a new state, not for relocating.

An attorney should determine which method is appropriate before any filings are made.

We do, and have a lot of ability to help you. First, if you’re wondering whether your company would be considered a “reporting company” for FinCEN reporting purposes, or you want to know who are your company’s Beneficial Owners, try out our FREE, anonymous expert system to help answer these questions. It’s available here.

We have BOIR (which stands for Beneficial Ownership Information Reporting, or BOIR) as an option. We can do it, for a nominal fee, or you can do it.

Finally, we offer outstanding, best-in-class, BOI compliance tools to help you understand when you need to submit updated reports. We’ll keep track of important deadlines, and be ready to answer your questions.

We receive this question a lot, despite our attempt to be price competitive with “the rest”. It seems every time we lower our price, the competition lowers theirs even further.

At the end of the day, we’re an actual law firm. Your questions are answered by licensed and trained professionals. We are able to extend attorney-client privilege and confidentiality to our clients. Our business/activities is/are governed by the professional rules of conduct for each state we’re licensed in, and we carry professional liability insurance. We have licensed professionals dealing with the registered agent’s office.

Regularly, we fend off private investigators, police investigators and more. Our people have the training to maximize the legal protections available to our clients.

So, we’re not the cheapest game in town. The “other guys” are trying to sell registrations, we’re trying to sell relationships. There are many things we won’t do that the “other guys” will do, because we’re worried about our clients’ long-term success and we’re concerned with minimizing our clients’ long-term liability.

We can provide a range of services for our clients, where moving your LLC is just the first step. This includes contracts, switching ownership of real property, resolving disputes, trademarks, and much, much more. You can do things things with this firm, relying on our training, experience, professionalism and confidentiality.

If you’re considering a cheaper option, ask yourself the following questions first:

• How critical is privacy, and do I want the maximum protection available?
• Do I want the ability to obtain sound legal advice?
• Do I care about whether things are setup properly?
• Is liability protection important, and do I want to minimize the ability for someone to “pierce the corporate veil” of my LLC?
• Do I care whether the folks I hire are trained professionals?
• Do I care whether I can hold the company accountable for misguiding, or otherwise committing errors with my LLC?
• Will I receive a high-quality Operating Agreement, to help maximize asset protection, and minimize potential liability and long-term disputes?
• Do the “other guys” not disclose who they actually are, making it difficult to know whether their claims are actually true or they actually have the experience they claim to have?

If you answered “yes” to any of the above, you may want to think twice before hiring the “other guys”.

It depends on how you “move” your LLC.

If you move your LLC by merger, domestication (if available), or foreign filing, then yes, you will preserve your FEIN.

If you move your LLC by asset purchase, then no, you will need to obtain a new FEIN.