Corporation doing business in Nevada

Incorporation 3 views 4 answers
We are a small company registered as an S- Corp in Georgia and are interested in doing business in Nevada. We would like to know if we would be able to do business in Nevada under our Corporation or would we need to file as a Corporation in Nevada?

Attorney Answers

4
Arthur A. ZorioLitigation LawyerReno, NV ·
Your question is not 100% clear to me. A corporation formed pursuant to the laws of another state may do business in Nevada; however, pursuant to Chapter 80, Nevada Revised Statutes it must register with the Nevada Secretary of State. I am not certain whether registering your current company as a foreign corporation doing business in Nevada is what you mean as "need to file as a Corporation in Nevada." Of course, you could create a new fictitious entity in Nevada to conduct business. Contact a business attorney in Nevada further to discuss what you will need to do.
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Andrew Richard Edward GaleCorporate / Incorporation LawyerOrange, CA ·
You may either form a new corporation in the state of Nevada or you may qualify your current Georgia corporation to do business in the state of Nevada. The 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 bricks 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 of course is a filing fee to do this work. 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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Michael Doland ·
I concur with Mr. Gale - you may set up a new corporation OR you may qualify your GA corporation as a foreign corporation doing business in Nevada.
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Mark Joseph GuayBusiness AttorneyNewburyport, MA ·
I agree with the other attorneys if you are by law "doing business" in Nevada. But before you do either option suggested you should have your attorney ascertain whether you are "doing business" which is a legal test known as "nexus". Put another way, some forms of what you would say are doing business do not rise to the level under state law that would trigger a filing as a foreign entity or formation of a Nevada entity. So first address the issue of nexus before you go further. Good luck.
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