For a registered PA LLC named "Name LLC," is an FBN registration necessary to do business as "Name" without the "LLC"?: I just formed an LLC in Pennsylvania, let's call it "Name LLC" (pretend its a unique name never used by anyone else). I want to do business as my trade name "Name," without the "LLC," but the online FBN registration form does not allow me to register "Name" because it says the name is already taken (by me). Just to confirm, am I in the clear to do business as my trade name without the "LLC" and without registering it as an FBN?
Nancy’s answer: You do not need to register a fictitious name if you are using the same name as the LLC (without the LLC designation). Fictitious name registration is meant to for an LLC that is doing business under a different name - for example, Name, LLC is doing business as ABC Signs or ABC Fitness.
How to form an LLC and use personally owned equipment in it?: I want to use my agricultural tractor and equipment that is in my name to offer field mowing and pasture mowing for properties in the area as a form of side income. I figured an LLC is my best protection, but how do I use my own tractor in the LLC? I dont want to fully transfer it to the LLC because I will still mainly use it on my property and for my own personal use. I saw i could "lease" it to my LLC but I want to make sure I do this correctly so if I were to be sued, I am completely covered as I have a lot of personal assets.
Nancy’s answer: Yes, you would lease the tractor from yourself to the LLC for whatever amount you wanted. If you sold the business (assets of the LLC) you would still be able to lease the tractor to the new owners. However, before you form the LLC I strongly recommend you consult with an accountant to determine if an LLC or corporation would be the preferable way to form the entity as there are tax differences. Additionally, you should ask the accountant if the tractor is best staying in your own name, personally or should it be switched to the entity. Without knowing all the facts, I would assume, from a liability perspective, that it would benefit you to transfer title of the tractor to the new entity - so if there is any injury to people or property, you are not personally liable.
Landlord keeps changing rent charges monthly with no notice or breakdown — legal?:
I operate a restaurant in Texas under an LLC with a 10-year lease. Base rent is fixed, but the landlord adds CAM, tax, and insurance charges that change monthly. No statements are provided, so I’ve paid based on the previous month — but now small balances (like $2.27, $255, etc.) keep adding up.
They just posted $10K+ in "reconciliations" with no explanation, and my portal now shows $18K due. I’m personally listed as guarantor.
Can they legally change charges without notice? Aren’t they required to provide itemized reconciliations? Can I dispute this?
Nancy’s answer: The answer lies in the four corners of the lease you signed. Typically audit rights are negotiated by tenant’s counsel. If they weren’t , it is unlikely that you have those rights. You can certainly ask to see the records showing the expenses being charged, but the landlord is not required to provide them unless the lease requires it.