{ "media_type": "text", "post_content": "Is company formation out of state the unauthorized practice of law? I'm a trademark attorney.", "post_id": "5f637c31944f23002eedc34b", "reply_count": 3, "vote_count": 3, "bowl_id": "5de71b89e674d9001a783fb1", "bowl_name": "Small Law / Solos", "feed_type": "bowl" }

Is company formation out of state the unauthorized practice of law? I'm a trademark attorney.

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Most of the people who do it including myself don't do it as an attorney for this reason. I have a consulting business that purely does this and I make clear no way am I working as an attorney. If you hold yourself out to be an attorney and do this yes likely it is. But you don't need to be an attorney to form a business.

Unless you’re only doing scrivener work, yes. State formations are a state specific matter. It’s very easy to get slapped with a violation if you don’t realize some states have weird rules, like Nebraska’s 21 day publication notice rule on all newly formed entities. Attorneys from other states with a simple “file, pay, done” process may not think to look up those things.

Call CSC. They'll give you a free consultation on what's required

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