Do i have to incorporate my sml biz or not?

Question

I incorporated my small business in Florida a few years ago. I live in California now. I want to re start the business. Do i have to incorporate in CA just like i did in FL? Would i have to include my brother who still lives in Fl also? Do i have to pay the corporation fees for both states every year?

Answer 1

Here's what the CA Secretary of State has to say:

"A foreign (out of state or country) corporation transacting intrastate business in the State of California must qualify to do so with the Secretary of State's office. "Transacting intrastate business" is defined as entering into repeated and successive transactions of a corporation's business in this state, other than interstate or foreign commerce. See California Corporations Code section 191. If you are unable to make a determination based upon the contents of Corporations Code Section 191, you will need to consult private legal counsel. The Secretary of State's office cannot provide legal advice concerning a corporation's need to qualify to transact intrastate business in California."

I'd suggest contacting each Secretary of State to be on the safe side.

Florida:
All General Telephone Inquiries -- [phone]
Corporate Amendments/Dissolutions/Withdrawals -- [phone]
[e-mail]
http://www.dos.state.fl.us/doc/corp_dir.html

California:
[phone] -- Monday through Friday - 8:00am to 5:00pm

Hope that helps!

Answer 2

If your Florida corporation is still active, you can use it. You'll have to qualify it in California though, so in this case, you'll end up paying fees to both states.

You can also incorporate anew in California and save on Florida fees.

Answer 3

no idea!