John Robert Pampell’s Answers

John Robert Pampell

Bothell Limited Liability Company (LLC) Lawyer.

Contributor Level 3
  1. Do I need to setup LLC in different state for rental property in different state?

    Answered 6 months ago.

    1. Michael Thomas Smith
    2. John Robert Pampell
    2 lawyer answers

    Owning and maintaining a rental property in OK might constitute transacting business in OK. There does not appear to be a specific exception, but this should be determined by an attorney. The answer may or may not be entirely clear, depending upon the case law in OK. So if you set up a Washington LLC to hold the property, you may be required to register as a foreign LLC in OK. Either way, you will be subject to OK income and, of course, property tax. If you decide to set up the LLC in OK,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Concerns using home address to register LLC

    Answered about 2 months ago.

    1. Keil A Larsen
    2. Michael Thomas Smith
    3. John Robert Pampell
    4. Michael Charles Doland
    4 lawyer answers

    Hello - Yes, the previous two answers are correct. In fact, it is quite common for persons forming LLCs to use their home address as the registered office and/or principal business address. So your home should not be considered an asset of the LLC unless you were to deed it over to the LLC. In any event, your home (principal residence) is exempt from many judgments by virtue of the 'homestead exemption' in Washington. For your other personal assets, they generally would not be available...

    2 lawyers agreed with this answer

  3. How to form partnership?

    Answered 7 months ago.

    1. Ronald J Cappuccio
    2. John Robert Pampell
    3. Samuel Watson Eastman
    4. Gavin Nathaniel Johnson
    4 lawyer answers

    I agree with the comments made in the other posts here. "Partnership" is a slippery concept, and most business people who think about it actually want to *avoid* creating a partnership as such. So you definitely want to seek guidance going forward, as your question indicates. As mentioned by some of the others, there will be accounting and tax considerations for you, and possibly securities law concerns; these being in addition to capturing the business deal correctly and advising of the...

    2 lawyers agreed with this answer

  4. I am looking to start a small, side business and would like advice LLC vs LLP vs Partnership?

    Answered 7 months ago.

    1. Gavin Nathaniel Johnson
    2. Samuel Watson Eastman
    3. John Robert Pampell
    4. Matthew John Ley
    4 lawyer answers

    Yes, your question raises some issues that most definitely should be addressed through legal consultation. Most of the technical consulting types of businesses that I have helped set up have used LLCs as their legal entity. But this does need to be evaluated between you and your partners and the attorney. Properly documenting the ins and outs of your desired business arrangement will be a critical piece of the puzzle. Good luck with this project!

    1 lawyer agreed with this answer

  5. My llc has 2 members 80% and 20%. The 20% member has not contributed to the day to day operations of the business.

    Answered 7 months ago.

    1. Anne Honrath
    2. John Robert Pampell
    3. Ronald J Cappuccio
    3 lawyer answers

    Let me say that I do agree that the sections of the Washington Act cited by last responding attorney are correct. In cases such as these, the presence or absence of an operating agreement will be important, if not critical. If there is an operating agreement, it will probably specify what is required to amend it. It also may have provisions concerning contributions to, and/or distributions from, the LLC. If there is no operating agreement, then according to the Act a member cannot be...

    1 lawyer agreed with this answer

  6. Want to form an LLC in order to purchase real estate, and also fold that LLC into a trust.

    Answered 8 months ago.

    1. Oscar Javier Ornelas
    2. John Robert Pampell
    3. Pamela Koslyn
    4. Robert V Cornish Jr.
    4 lawyer answers

    As you may know, LLCs formed in New Mexico offer a certain degree of anonymity. This is because the Secretary of State does not collect information on the identity of the member(s) at the time of formation. Also, no subsequent annual reports or similar filings are required for LLCs. (That may have to change in the future, but that is a separate topic). Then, if the LLC is owned by a trust, that trust arrangement is not a matter of public record. If the trust that you have in mind is a...

    1 lawyer agreed with this answer

  7. Do I need a lawyer to set up a single-member LLC in Washington?

    Answered about 2 months ago.

    1. Matthew John Ley
    2. Michael Thomas Smith
    3. John Robert Pampell
    3 lawyer answers

    Having done LLC work now for over 20 years, I have to agree with the other answers, and I will go a bit further. In my experience and you can find similar comments from attorneys by searching the web, persons who do this themselves virtually always make mistakes. Some mistakes may be harmless, while others may cause trouble later on. The cost to repair some mistakes can be many times the fees of setting up the LLC correctly in the first place. The online, 50-state incorporation services...

  8. With a single-member LLC is it possible to add someone as a member or manager only as an advisory person.

    Answered 3 months ago.

    1. Thuong-Tri Nguyen
    2. Matthew John Ley
    3. John Robert Pampell
    4. Frank A. Natoli
    5. Ronald J Cappuccio
    5 lawyer answers

    I agree with the useful points raised by Mr. Nguyen. Your question seemed to be directed in part to the ability to add a person as a member and/or manager of the LLC. I am wondering whether you have an operating agreement for your LLC. (Actually, most of the experts urge LLC owners to have an operating agreement even for a single member LLC.) If you have an operating agreement, you can amend that agreement to add a member. If the LLC was formed as a MEMBER-managed LLC, you would have to...