Starting a new consulting business and wondering if I should put in in one of the LLC's that I have that is currently not used.
I am thinking that my new consulting business I am starting should be placed in an LLC that I already created but is not being used. If so, do I have to use a lawyer to do this? I there anything I can do to add my business to the LLC?
Attorney answers (4)
Henry Daniel Lively
Reputation Level 20
Answered over 2 years ago.
Tax Lawyer in Costa Mesa, CA.
The LLC is already formed, so you do not need a lawyer to form it. You may need a lawyer to assist you on completing the set-up for your company. Sounds like you will need to transfer assets from your business. This can get complicated.
Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.
Pamela Koslyn
Reputation Level 20
Answered over 2 years ago.
Business Attorney in Los Angeles, CA.
Besides the transfer of assets to the LLC, are you going to use the LLC's name for your consulting business? If so, just put everyting -- bank account, stationary, domain name, lease etc. - in the LLC's name. If not, you'll need to file a "doing business as" dba, a fictitious business name statement, so your LLC can do business under your consulting name. You need to maintain everything for this company separate from that of your other LLCs and companies. Consult a business lawyer and a CPA to amke sure you're doinfg this right for legal and accounting purposes.
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.
Dana Howard Shultz
Reputation Level 15
Answered over 2 years ago.
Business Attorney in Oakland, CA.
I agree with the first two answers.
Regarding the importance of setting up a separate bank account, etc., please see the first link below ("Beware Your Alter Ego" - discusses corporations, but also applies to LLCs).
A fictitious business name (FBN) can be obtained from the county - Santa Clara County's FBN page is the second link below.
Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
Bruce Leonard Beal
Reputation Level 9
Answered over 2 years ago.
Business Attorney in Dana Point, CA.
One more important caveat: California is the one state to my knowledge that does NOT allow LLCs to be used for businesses requiring a license from the state. You didn't state what your consulting business is, but if it requires a license from the state, you may need to make alternate plans.
I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by AVVO or through my firm’s website located at BealBusinessLaw.com.
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