Scottsdale, AZ asked in Contracts, Business Formation and Business Law for Arizona

Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the SBA or other agencies would be available to me or if they would be taken off the table by being considered a foreign local in the state I reside in.

1 Lawyer Answer

A: Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be eligible for certain programs through the SBA or other agencies, but these opportunities often require that your business be registered and primarily operating in your home state.

When you register your LLC in another state, your business would be considered a foreign entity in your home state. This status typically disqualifies you from participating in local small business programs aimed at supporting local businesses. These programs usually focus on businesses that contribute directly to the local economy and community.

If accessing these local programs is crucial for your business growth, you may want to consider forming your LLC in your home state. Alternatively, you could consult with a legal advisor to explore other ways to structure your business that balances the benefits of out-of-state registration with the advantages of local support programs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.