[WSBARP] registration of foreign LLCs

Fri Jul 10 15:33:19 PDT 2020

I have not been able to find any WA caselaw on this particular point, and
would be interested in knowing if anyone else has.  I will say that the
doing business safe harbor listings in other states' statutes sometimes draw
a distinction based on whether the property is rental or income-producing.

Bob Pampell

Robert Pampell, Attorney

21st Century Law Office (r)

19125 Northcreek Parkway, Suite 120

Bothell, WA 98011

voice: 425-329-2629
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email:  <mailto:rpampell at swcp.com> rpampell at swcp.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Kathleen Hopkins
Sent: Friday, July 10, 2020 2:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] registration of foreign LLCs

Probably should review all of 520 as the degree of activities might make it
wise to register. If getting a loan on the property the lender may require
it regardless. 

Kathleen J. Hopkins 

Real Property Law Group, PLLC 

1326 Fifth Avenue, Suite 654 

Seattle, WA 98101 

Phone & Fax: (206) 625-0404 

Home (please use during COVID-19 lockdown): 425-844-2749

email: khopkins at rp-lawgroup.com <mailto:khopkins at rp-lawgroup.com>  

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Craig Gourley
Sent: Friday, July 10, 2020 2:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] registration of foreign LLCs

Does renting constitute " doing business"?  

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Kathleen Hopkins
Sent: Friday, July 10, 2020 2:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] registration of foreign LLCs

RCW 23.95.520 (part of the HUB Act) lists what activities do not constitute
"doing business in WA" that would require a foreign registration with SOS.
Part (j) lists "owning, without more, property."    

FYI: Look at 23.95.505(1) for the requirement to register if you "do
business."

Finally, although some of the activities might not require registration
under 505 and 520, the client might still have DOR, licensing or local
government registration requirements. 

Kathleen J. Hopkins 

Real Property Law Group, PLLC 

1326 Fifth Avenue, Suite 654 

Seattle, WA 98101 

Phone & Fax: (206) 625-0404 

Home (please use during COVID-19 lockdown): 425-844-2749

email: khopkins at rp-lawgroup.com <mailto:khopkins at rp-lawgroup.com>  

www.rp-lawgroup.com <http://www.rp-lawgroup.com/>  

*Licensed in Washington State.

This message is protected by the attorney-client privilege and the
work-product doctrine; if you are not the intended recipient of this message
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Pursuant to U.S. Treasury Regulations concerning tax practice, you are
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imposed under any tax laws; or promoting, marketing or recommending to
another party any transaction or matter addressed herein.  

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Craig Gourley
Sent: Friday, July 10, 2020 2:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] registration of foreign LLCs

Listmates, this is something I should probably know but have never
researched it.  Does a foreign LLC ( formed in a different state) need to
register in WA in order to hold title to real estate?   I know it must
register to do business but not sure about holding property.  Thanks and
have a great weekend. 

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

Craig at glgmail.com <mailto:Craig at glgmail.com> 

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