Can You Relocate or Convert a New Hampshire LLC to a Florida LLC?

Can You Relocate or Convert a New Hampshire LLC to a Florida LLC?

Relocating or Converting a New Hampshire LLC to a Florida LLC

There are many advantages that come with relocating or converting your New Hampshire LLC to a Florida LLC. In fact, businesses from across the country have been flocking to Florida to bask in our tropical climate, business-friendly environment, and to benefit from our state’s lack of a personal income tax. It’s possible for qualifying LLCs formed outside of Florida to become Florida LLCs through a process known as a statutory conversion, or just simply “conversion” for short. A full version of the conditions for the state of Florida can be found in Chapter 605 of the Florida Revised Limited Liability Company Act

What Happens in a Conversion?  

A conversion allows you to change your LLC’s origin state from New Hampshire to Florida, effectively turning it into a Florida LLC. We like to use this process for our Clients who want to relocate to Florida because it allows them to do so without shutting down and starting over or otherwise interrupting the business’s continuity. This means that you can keep transacting business while you wait for your paperwork to go through. A similar option exists for corporations called corporate domestication.

Once the conversion is completed, your LLC will be legally treated as if it had formed in Florida from the start. It will be able to keep the same EIN, property deeds, and management structure. If a Florida entity is already using your LLC’s desired name, however, you will need to think of an acceptable alternative. For that reason, we advise performing a quick name search on Florida’s Division of Corporation’s website.

Does New Hampshire Allow LLCs to Convert to Florida LLCs?

New Hampshire allows New Hampshire LLCs to convert to Florida LLCs as authorized under N.H. Rev. Stat. Ann. § 304-C:205

II. A domestic limited liability company may become a foreign limited liability company if the domestication is permitted by the laws of the foreign jurisdiction. Regardless of whether the laws of the foreign jurisdiction require the adoption of a plan of domestication, the domestication shall be approved by the adoption by the domestic limited liability company of a plan of domestication in the manner provided in this subdivision. The laws of the foreign jurisdiction shall govern the effect of domesticating in that jurisdiction. 

N.H. Rev. Stat. Ann. § 304-C:205

How Do I Convert My New Hampshire LLC to a Florida LLC? 

In order to convert your New Hampshire LLC to a Florida LLC, you first need a Plan of Conversion, which is a formal documentation of how the process will take place. Next, the Plan needs to be approved by the LLC’s Owners, also known as the LLC’s Members, at which point you can file the appropriate paperwork with state agencies in New Hampshire and Florida. Don’t deviate from the instructions provided by the statutes of each state. Mistakes could cause disruptions to your business, unnecessary costs, or even dissolution.

What are the Effects of Transferring my LLC from New Hampshire to Florida? 

You’ll experience next to no changes or interruptions when using a statutory conversion to convert your New Hampshire LLC to a Florida LLC. Your New Hampshire founding documents will be immediately replaced by your freshly filed Florida Articles of Organization. The Florida LLC will keep the New Hampshire LLC’s management structure, property rights, and membership interests. Lawsuits, liabilities, and other proceedings against the New Hampshire LLC will transfer over to the Florida LLC, too. 

Should I Work With FL Patel Law to Convert My LLC? 

Mistakes during the conversion process could cause you to lose liability protection, discourage potential investors, or even the liquidation of your company.  

Absolutely. It cannot be overemphasized how helpful an experienced Florida business attorney can be during your New Hampshire LLC’s conversion. Our firm has partnered with multiple businesses and consultants from across the country – including Georgia – to bring their companies to the state of Florida without interruption or other unwelcome surprises.

Are you ready to take your New Hampshire LLC down to its new home in scenic Florida? Protect your business from undergoing dissolution or discontinuity by enlisting an experienced business conversion attorney by calling(727) 279-5037 or by visiting our flat fee service page.

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FL Patel Law PLLC is a boutique business law firm dedicated to entrepreneurs and companies.

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