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Business owners often form LLCs in Delaware in order to take advantage of Delaware’s sophisticated and superior corporate law structure. Delaware’s corporate law structure has been ranked first for a number of years based on its ability to provide the best protection for the members behind the LLC.
When a business is incorporated in Delaware, your company is considered domestic to Delaware and foreign to every other state. To obtain the authority to operate in your home state with a Delaware LLC, the company must typically be registered in your home state as a foreign entity.
This process is called Foreign Qualification. It is the way in which your home state gives you permission, or authority, to operate your Delaware LLC in that state.
Each state has different requirements for Foreign Qualification. Virginia, like most states, has an application process and a state fee for Virginia registration for a Delaware LLC.
The state of Virginia also requires additional documentation from your Delaware LLC. In addition to the application process and state fee, Virginia requires a Certified Copy of the Certificate of Formation, including all amendments that may have been filed.
Once your Delaware LLC is registered as a foreign entity in Virginia, you will be responsible for Virginia’s annual fee, in order to remain in good standing. A foreign LLC operating in Virginia will pay an annual fee of $50 per year.
Please keep in mind that once you register your Delaware LLC as a foreign entity in Virginia, you will still be responsible for the Delaware Registered Agent Fee as well as Delaware Franchise Tax in order to remain in good standing in Delaware.
If you have any questions regarding Foreign Qualification for your Delaware LLC in Virginia, please feel free to contact us at 1-800-345-2677, Ext. 6130.
THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE’S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.