Expert: Dan Pepper - 9/10/2008

Question
QUESTION: Hi,
I live in NY, but intend to produce adult videos in California, for legal reasons. I intend to form an LLC to cover the website and video production company. My question is, is there any requirement as to where my LLC is formed? NY or CA? I don't have an address or any link to California...
Thanks for your help.
Edward


ANSWER: Edward,

In most states, including CA, there is no requirement that you have a physical nexus to the state in which the LLC is formed, although you will need a registered agent in such state.

However, it may be worth a broader discussion to determine why you are electing to form the LLC in CA, versus other states.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your help!
As follow-up... I assume then that forming the LLC in NY would be best, since I live in NY? And retaining a registered agent in California (I see there are several websites that offer this service. Could you recommend one?). Does the fact that adult films will be produced have any impact on the LLC formation or the registered agent? E.g., can a NY LLC make adult videos even though it's only explicitly legal to do so in California, and I'll be traveling to CA to make them?  
Thanks again for your help,
Edward

Answer
I don't have any specific preference with registered agents.  The balance of your questions involve providing legal advice, which I cannot do on these boards.  If you'd like to work through these issues with me, please feel free to contact me through my website at www.adultwebsitelawyer.com.