Nevada Foreign Registration / Delaware LLC in Nevada

A Delaware LLC registering in Nevada

A Delaware LLC that operates in Nevada registers there as a foreign LLC on the Foreign Limited-Liability Company Application for Registration, paying $425 with the initial list and State Business License, and then $350 a year, while still paying Delaware's $400 annual tax. We prepare the Nevada side for $199.

The two-state bill

	Delaware	Nevada
Yearly charge	$400 LLC tax by June 1	$350 list and license by the end of the anniversary month
Late payment	$200 plus interest	$75 late list fee
Agent	Delaware registered agent	Nevada registered agent
Good standing certificate	$50	$50
Managers named	Per Delaware law	On the application and every annual list

Filling in the Nevada form for a Delaware LLC

Use the exact Delaware name on the foreign-entity line and, unless it is unavailable in Nevada, the same name on the line for the name being registered. The jurisdiction is Delaware and the date is the Delaware formation date. The home office line takes the office the LLC keeps in Delaware or, if Delaware does not require one, its principal office. List the managers, or all members if the LLC agreement does not appoint managers.

The good standing declaration and Delaware's tax

Signing the Nevada application includes vouching for the LLC's good standing back home. For a Delaware LLC, that means the June 1 tax has to be paid before the Nevada filing is signed. If a Nevada bank wants proof, a Delaware certificate costs $50; Nevada's own good standing certificate, once registered, costs $50.

Nevada names your managers every year

Owners new to Nevada should plan for this. Nevada's application and every annual list name the LLC's managers or managing members with addresses, and the list is signed under a declaration that no one has been named to hide who really runs the company. A business address keeps home addresses off the record.

Two agents

The Delaware agent stays for Delaware. Nevada needs its own agent named on the application, chosen as a commercial agent, a noncommercial agent with a Nevada street address, or an office within the LLC if it has staff in Nevada. We can be the Nevada agent.

Five-year cost of keeping both registrations

Item	Five-year total
Nevada: registration bundle, then four renewals	$1,825
Delaware: annual LLC tax each year	$2,000
Registered agents in both states	Whatever your agents charge

State charges only, assuming every payment is on time. Agent fees and our preparation charge are separate.

Two deadlines that never line up

Delaware's tax falls due on June 1 every year for every LLC, while Nevada's list follows the month the LLC registered there. An LLC registered in Nevada in October pays Delaware each June and Nevada each October. Some owners use Nevada's option of an alternative due date for the list to bring the two closer together; the choice is made on a Secretary of State form.

Who signs for a Delaware LLC

Nevada wants the application signed by a manager or, where the LLC agreement does not appoint managers, by a member, or by another person the LLC specifically authorizes (NRS 86.544(2)). Check the Delaware LLC agreement for who holds that authority before signing; the list is signed and certified the same way.

Moving the LLC from Delaware to Nevada

Some owners eventually want one state instead of two. Nevada's Articles of Domestication (NRS 92A.270) can bring an entity formed elsewhere under Nevada law, filed with a new Nevada formation document. Delaware's law governs whether and how the company can leave Delaware, so take advice on both sides first.

Registered agent: first year included, then $149 a year

$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Delaware LLC questions

Which should we pay first, Delaware or Nevada?

Delaware, if its June 1 tax is outstanding: the Nevada application asks you to declare good standing at home, so bring Delaware current before you sign.

Our bank wants proof from both states. What does that cost?

A Delaware good standing certificate is $50; Nevada's certificate of existence for the registration is $50.

Does Nevada want our Delaware certificate of formation?

No. The facts from it go onto the Nevada application; the document itself is not attached.

What does a late Nevada list cost?

$75 on top of the regular list and license fees.

Is the Nevada registration fee different for a Delaware LLC?

No. Every foreign LLC pays $75, plus the $150 list and $200 license.

What if our Delaware LLC has series?

Tell us before ordering, and we sort out how the series is shown on the Nevada application with you before anything is filed.

Registering a Delaware LLC in Nevada

Pay Delaware first
Make sure the June 1 tax is current.
Pick the Nevada agent
One of the three agent types.
Complete the application and list
Delaware details, managers, Nevada name.
File with the bundle fees
$425 at the Nevada Secretary of State.
Track two calendars
Delaware in June 1, Nevada in the anniversary month.

Our fee and the Nevada bundle

Register my company in Nevada

Utah or any stateNevada

$199

+ the Nevada bundle

The Nevada application for a foreign LLC, written from your answers
The initial list of managers or members that must accompany it
The State Business License application on the same filing
A Nevada registered agent, provided by us or picked by you
Delivery of the bundle to the state, then your filed record comes back
Renewal: after the first year, the agent service renews at $149 a year

Nevada's registration fee is $75. The initial list adds $150 and the State Business License $200. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Sources

Registering in Nevada?

Send us the LLC and where it was formed.