Is my LLC legal?
I haven't received anything back from the state confirming my business as an LLC. I certified mailed my check and article of organization 2 weeks ago, and per the USPS tracking number it was received...but they haven't cashed the check yet. I have been putting off actually selling my product because I want to be certain that I am covered...do I need to wait to get something back from the Secretary of State, or is the certified mail confirmation sufficient? Am I legal from the date I submit the info, or not until it is filed by the state?
Attorney answers (2)
Pamela Koslyn
Reputation Level 20
Answered over 2 years ago.
Business Attorney in Los Angeles, CA.
The Secretary of State can be backlogged, so a 2 week wait isn't unusual. But your paperwork or check may not be right for some reason, so you need to wait to do business (and open a bank account, etc.), until you get certified Articles back. You can also check online, linked below, so see if your LLC is active.
You're best off consulting a business lawyer before your launch a product on the market. There are a lot of considerations in operating a retail business, including warranties, disclaimers, insurance, etc., and it sounds like you've already lost the opportunity to consult a lawyer about selecting a business name, trade name/trademark, domain name, advertising issues, etc. Look at all the people on Avvo who don't see a lawyer until AFTER the problem arises --it's not too late to to get the benefit of some good advice that can PREVENT problems from arising.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Henry Daniel Lively
Reputation Level 20
Answered over 2 years ago.
Tax Lawyer in Costa Mesa, CA.
I agree with Ms. Koslyn. You need to wait until you receive your filed articles back to open up a bank account. I could take weeks before you hear back from the Secretary of State. This is why attorneys use filing services to get quick service.
This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own legal planning challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.
Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisors regarding the same.”
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