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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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I have read that forming an LLC in Delaware or Nevada affords

Customer Question

I have read that forming an LLC in Delaware or Nevada affords the owner(s) a measure of privacy.

If the owner(s) form an LLC in Delaware, but operate an internet store while living in California, can they still maintain their privacy? We don't care about the government/authorities being able to find names, we just don't want our names to be publicly available information for anybody with a pulse.

What if one of the owners lives in Washington, one in California, the manager lives in California, there is no physical store just an internet shop, and the shop's products are made by a separate store in California? What state does the business need to be registered in? I'm guessing California is the answer, but the LLC fee is almost $1000, which is rough for a small business.

If forming the LLC in Delaware is a good idea, would doing so affect taxes and fees in any way?
Submitted: 3 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 3 years ago.
Chat Conversation Started
J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

If you use a statutory agent service or attorney who then signs the filing documents on your behalf, your names will not be publicly available.

J.Hazelbaker :

If, on the other hand, you fill out and sign the documents, they will be accessible.

J.Hazelbaker :

All such filings are public records in all 50 states. Someone with a little training or motivation can ultimately find the filing documents online.

J.Hazelbaker :

Again, the only way to avoid this is to have someone create the documents for you and not list you as a member. This is fine as long as the Operating Agreement of the LLC includes you. The Operating Agreement does not have to be filed with the Articles of Organization.

J.Hazelbaker :

I see that you are still offline. Please let me know, if you have follow-up questions when you log back on.

J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience: Experienced and trained in the area of business law.
J.Hazelbaker and other Business Law Specialists are ready to help you
Expert:  J.Hazelbaker replied 3 years ago.
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Customer: replied 3 years ago.
> J.Hazelbaker :
> If you use a statutory agent service or attorney who then signs the
> filing documents on your behalf, your names will not be publicly
> available.

Does the statutory agent service need to be in Delaware or can it be in California?

If California is fine, why is there so much buzz about using Delaware for privacy and then filing to operate in California?
Expert:  J.Hazelbaker replied 3 years ago.
The statutory agent needs to be reside in the state of formation. That's why these services have sprouted up from state to state.

Delaware and Nevada are popular because of their favorable taxation of legal entities (e.g. corps, llcs) and their relatively easy formation and maintenance requirements. As far as privacy, the basic information (such as who signed the docs) is as easily available in Delaware and Nevada as it is in every other state.

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