How to Move a Corporation From Nevada to California

By Terry Masters

A corporation is not required to incorporate in the state where it is headquartered. As long as you maintain a registered agent in your state of incorporation and obtain permission to operate in any other state where you plan to transact business, you can set up your corporate headquarters anywhere. If your business is incorporated in Nevada, you have the option of changing your incorporation venue to California, or, alternatively, relocating the business to California without changing the company's incorporation paperwork.

A corporation is not required to incorporate in the state where it is headquartered. As long as you maintain a registered agent in your state of incorporation and obtain permission to operate in any other state where you plan to transact business, you can set up your corporate headquarters anywhere. If your business is incorporated in Nevada, you have the option of changing your incorporation venue to California, or, alternatively, relocating the business to California without changing the company's incorporation paperwork.

Reincorporation

The state where you choose to file the articles of incorporation for your business is considered its corporate domicile, or home state. Your corporation is considered a domestic corporation of that state and a foreign corporation of any other state where it transacts business. One of the ways to move a corporation from Nevada to California is to change the corporation's domicile, also known as reincorporating. This is typically done when a corporation decides not to transact future business in the home state and wants to take advantage of benefits, such as favorable tax treatment, that may be available by being a domestic corporation of a different state. To reincorporate your business, you would have to withdraw your domestic registration in Nevada by filing articles of dissolution with the secretary of state's office and reorganize the business in California by filing articles of incorporation with that state.

Ready to incorporate your business? Get Started Now

Foreign Entity Registration

Alternatively, you could pursue a physical relocation from Nevada to California. Under this scenario, you would not withdraw your Nevada incorporation paperwork. Instead, you would submit a Statement and Designation by Foreign Corporation form, also known as a certificate of authority, with the California Secretary of State's office to obtain authorization to transact business in the state as a foreign corporation. Then, you would relocate your headquarters, physical plant or other operations from Nevada to California. You would be required to maintain a registered agent in Nevada who could accept official mail and court summonses, but you need not maintain any other type of business presence in that state.

Business Name Registration

One of the most important parts of relocating your corporation from Nevada to California is to ensure that your business name is available for use in the new state. Your Nevada business registration only reserves your corporate name for your use within state boundaries. If you want to operate in California, either as a foreign or domestic corporation, you will need to verify that no other business is operating under a similar name. California is among the states that require a registered business to operate under a unique name that distinguishes it from other businesses to avoid confusion. You may be required to operate your business in California under an assumed business name, also known as a "doing business as" or DBA, or to officially change the legal name of your corporation.

Tax Registration

Another significant component in relocating your corporation from Nevada to California concerns your corporation's state tax liability. Nevada does not impose a state income tax on corporations. Instead, it assesses certain annual fees that must be paid to keep the corporation's registration active. Whether you relocate to California as a domestic or foreign corporation, you will have to register with department of revenue to pay California state taxes. If you keep your incorporation active in Nevada, you will also continue to pay annual fees and any sales or employment taxes for business conducted in that state.

Ready to incorporate your business? Get Started Now
How to Change the State of Incorporation

References

Resources

Related articles

How to File Articles of Incorporation in California

To register your new corporation with the state of California, you must file the articles of incorporation with the California Secretary of State’s office. The articles of incorporation contain basic information about your corporation, which include the corporation’s address and the name of the agent who will receive legal documents on behalf of the corporation. The procedure to file articles of incorporation with the state of California is straightforward, and after you submit the necessary paperwork, the state will either approve or deny your application.

How to Register a Business as an LLC

The limited liability company, or LLC, is a relatively simple business entity that has limited liability and flexible tax treatment without all the paperwork associated with starting and operating a corporation. LLCs are creatures of state law, and as such the requirements for forming one can be found in each state's business corporation act. While many aspects of corporate law can be daunting, the requirements for organizing a business as an LLC are usually easily accessible for the do-it-yourself entrepreneur.

How to Establish a DBA

A DBA, or "doing business as," is a name you use for your business besides your real name. DBAs are also known as fictitious names or trade names in some states. For example, if you want to call your business "Glamorous Ghost Writers," you have to register that name before you may use it for business. A DBA allows you to have a more descriptive name for your business than just "Jane Doe" or "Kevin Smart, Inc." Even in states where registration is not necessary, you often receive additional protection against others using the same name if you register with the state.

LLCs, Corporations, Patents, Attorney Help

Related articles

How to Transfer a C-Corporation From Another State to Florida

Like some other business types, C corporations, or corporations that are taxed separately from their owners, must ...

How to Go From a Sole Proprietor to a Corporation in Nevada

If you run a business in Nevada as a sole proprietor, you weren't required to file any formation documents with the ...

How to Incorporate in Nevada and Delaware

Both Nevada and Delaware are popular choices for incorporating a business, due to tax benefits and other beneficial ...

How to Register a Georgia Corporation

Corporations offer liability protection for their owners, called shareholders — but only if properly formed under ...

Browse by category