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LLC for iOS app: just Delaware or my state too?

I am going to publish an app on the App Store here soon. I physically reside in California.

Since my app does not have a physical presence, can I form the LLC in just Delaware or do I need to register in California as well?

Trying to avoid expense, delay and complications; all of which I associate with the SoS and FTB in California.

Answer 3048

The great thing about opening a business is that you are able to incorporate anywhere within the USA and then choose to operate ('doing business in') as a business within any state upon completion of some forms etc.

So yes, you can form the LLC in Delaware, but you'll need to follow specific protocols to operate out of California.

I advise looking into this specific article about Delaware incorporations that states some of those requirements, specifically for operating in CA.

Answer 3054

Trying to avoid expense, delay and complications; all of which I associate with the SoS and FTB in California.

You can’t. Since you’re physically in California - your LLC will be doing business in California and will have to be registered and pay the LLC fee. So why registering in an additional state? Pay additional fees? You’ll need to maintain registered agent in DE, file annual reports, pay fees - why? You’re saving nothing and paying more.

Just register in CA.


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