Help & How-To

Legal Issues
I am incorporated and have a small retail store in Ohio. When I expand to another state, do I have to incorporate in that state also?


Asked by planemami
Posted: Tuesday, November 06, 2007  |  Found in Legal Issues


More answers by Nina Kaufman
Answer by Nina Kaufman
A good rule of thumb is that if your company wants to have an office presence in a state other than its home state, it should either incorporate as a separate entity or qualify to do business as a "foreign" (meaning, out-of-state) corporation. In other words, if your "Gifts of Ohio, Inc." company wants to open a store in neighboring Indiana, it can either form a brand-new corporation in Indiana, or tell the Indiana Secretary of State that "Gifts of Ohio, Inc." wants to do business there. However, if by "expand" you simply mean solicit customers from out-of-state, you may not need to incorporate in that other state. However, you may be responsible for paying taxes in that other state. Best to check with an accountant who is familiar with these issues, as the tax and expense of doing multi-state business could adversely affect your bottom line.
Nina Kaufman has a New York City-based boutique law practice and is president of Wise Counsel Press LLC, which produces legal information products for entrepreneurs. She writes the Making It Legal blog and the Business Law Advisor column for WomenEntrepreneur.com.

Note: This response is for your general information only. Be sure to consult with an attorney regarding your particular situation to get the advice you need.



Recent Articles & Resources
We've gathered content from some of the best resources on the web. Find tips to help you run a successful business with this collection of videos, articles, expert blogs, and more.
Pitch: Texas Driving Experience
Watch Dawn Stokes pitch her company while Donna Fenn, a contributing editor at Inc. magazine, offers feedback and insight.

Word-of-mouth feeds organic growth
It’s the product itself that’s going to lure the customers. Dany Levy of DailyCandy saved money by avoiding billboards and relying on a grassroots

Help & How-To series: Business Plans
American Express OPEN SM brings you the best in business advice from today’s most sought-after experts in this promotion of Entrepreneur’s popular

Developing newsletter content is not hard
By focusing newsletter content on your customers and not on you or your business, people will clamor for your next issue. Don't get bogged down in

New Gold Banner for HP
New Gold Banner for HP
Have a burning question? Ask now!