Question: Can our S Corporation do business in California and Nevada at the same time?

Written by: Andrew Gale - Orange County - Small Business Attorney

We have a small business corporation in Orange County, California, and we want to expand our operations into the neighboring state of Nevada.

We formed our corporation in Santa Ana, California which is where we have our main location.

We would like to know if we would be able to do business in Nevada under our California Corporation or would we need to file as a new S Corporation in Nevada?

Answer: You may either form a new S corporation in the state of Nevada or you may qualify your current California corporation to do business in the state of Nevada

Answer You may either form a new S corporation in the state of Nevada or - Answer by Andy Gale Orange County Small Business AttorneyThe choice is yours and you will need to consult with your local business attorney and accountant to see which of the two options will be best for you and your company.

In order to qualify your corporation to do business in the state of Nevada, you will need to make a filing with the Nevada Secretary of State using a form called “Qualification To Do Business In Nevada“.

You will also need to retain the services of a Registered Agent For Service Of Process to accept legal service of process unless you plan to open up a brick and mortar building with employees who can provide that service for you.

All of this is regulated by the Nevada Revised Statutes Chapter 80.

There is of course is a filing fee to do this work. Also, the state of Nevada is interesting in that they will provide expedited services (at increased cost) should you need to get it done quickly.

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Andrew Gale – Incorporation Attorney

Attorney at Law Offices 1820 West Orangewood Avenue, Suite 104a, Orange, CA 92868 Office: +1 (714) 634-4838. I provide legal advice, counseling and related services to entrepreneurs including the formation and management of their corporations and estate plans.

My Law Office is based in Orange County California and I have practiced law for 30 years. I have given advice to more than 1000 small business owners on the best ways to set up a company, what types of business entities (corporations, limited liability companies, partnerships) are best suited for them and their small business, how to legally run the business to protect their assets and how to successfully transfer the business to family or key employees through the proper use of estate planning and trusts.