Q: I just moved to Virginia and need to move my Georgia LLC to Virginia. What do I need to do?
Thank you to a customer from Virginia for that great question! You can move your LLC to Virginia through domestication, foreign registration, or by dissolving your business and forming a new LLC. We’ll walk you through an overview of your options before going into detail about domestication, a popular and convenient approach.
How can I move my LLC to Virginia?
There are a few ways to move an LLC that was formed in Georgia—or any other state—to Virginia:
Dissolution/formation
One option is to dissolve your old LLC and form a new LLC in Virginia. If you choose this option, you’re basically starting from scratch, meaning you’ll need a new Virginia LLC operating agreement and a new EIN.
Foreign registration
If you want to keep doing business in the state where your business was formed, as well as in Virginia, you might consider registering as a foreign LLC in Virginia. Foreign registration is basically asking permission from the VA State Corporation Commission to do business in Virginia, but your LLC would still be domestic to the state or jurisdiction where it was formed. Just keep in mind that you’d still need to pay taxes and file reports in both states.
Domestication
Domestication is the process of converting a business into a domestic entity in a new state. That means that after you domesticate your LLC in Virginia, your LLC would be considered a domestic Virginia LLC. This process is simpler and cheaper than dissolving your LLC first and then starting a new LLC from scratch.
How do I domesticate my LLC in Virginia?
To domesticate your LLC in Virginia, first make sure that the state or jurisdiction where your LLC was formed supports the domestication process. Luckily, this is the case for you—Georgia supports conversion under GA Code § 14-11-906.
Then, file Articles of Domestication with the Virginia State Corporation Commission. On this form, you’ll need to include:
- Legal name of your LLC
- Name your LLC will use in Virginia
- State/jurisdiction where your LLC was formed
- Date your LLC was formed
- Entity type
- Additional terms and conditions of the domestication
- Signature and title of LLC member or manager
You will also need to complete Virginia Articles of Organization and attach them to your Articles of Domestication. Keep in mind that before you can do business in Virginia, you’ll also need a Virginia registered agent.
After the state of Virginia has approved your filing, you should dissolve your business in its original state/jurisdiction.
How much does it cost to file Virginia Articles of Domestication?
The filing fee for Articles of Domestication is $100. If you file online, you have the option to pay extra for expedited filing:
- Next day filing. $50-$100. Must submit by 2pm EST.
- Same day filing. $200. Must submit by 10am EST.
How do I file the Virginia Articles of Domestication?
You can file your Articles of Domestication online, by mail, or in person.
Online: Virginia State Corporation Commission
By mail:
Clerk’s Office
P.O. Box 1197
Richmond, VA 23218-1197
In person:
1300 E. Main St, 1st floor
Richmond, VA 23219
How do I dissolve my LLC in the state it was formed?
After the state of Virginia has approved your filing, you should dissolve your business in its original state/jurisdiction. The process will vary state by state.
In Georgia, dissolving your LLC will include taking any “winding up” actions described in your formation documents, such as having your members vote on a resolution to dissolve. It’s also recommended that you file a Certificate of Termination with the Secretary of State, though this is not required (GA Code § 14-11-610 states only that LLC “may” file this paperwork).
You can submit your Certificate of Termination online for free or by mail or in person for $10:
Online: Georgia Corporations Division online portal
By mail or in person:
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower
Atlanta, Georgia 30334
Do I need a new EIN if I domesticate my LLC in Virginia?
No. You don’t need a new EIN (Employer Identification Number) when you domesticate your LLC because you are not forming a new LLC. You are simply converting your current LLC into domestic entity in Virginia.
Learn more about How to Move a Business to a New State.