I started a Residential Rental Real Estate LLC. The entire company is funded by inheritance from one spouse so it is considered separate property. The LLC is considered a disregarded entity as oppose to a partnership/corporation The other spous...
The result you are trying to achieve involves some very complex questions. It probably cannot be handled solely within the scope of the operating agreement. I'm afraid that to be done successfully, this type of documentation should be handled only by an attorney who is highly experienced in LLC work.See question
I wish to start a small business: books publisher on line. I am for the time being resident in France.
Under most or all US state laws, a sole proprietor does not register at the state level to do business. 'Sole Proprietor' means simply that you are doing business yourself (or along with your spouse).
As Mr. D'Esposito mentioned, if you wanted to set up a legal entity - corporation, LLC, limited partnership, etc. - you would register with the state to establish that legal entity. And you can do so as a foreign national.
For a sole proprietor, other types of registration might include local business registration, if any, with the city or county, and registration (if required) with state tax and labor agencies - in this case, NM Taxation & Revenue Department and Department of Workforce Solutions.
I have a Washington state LLC and I am moving to Oregon. I am an event planner and do 95% of my work remotely. This year, I will physically work the events I plan remotely in Seattle, WA, Portland, OR, and Los Angeles, CA. My events are 3-4 days e...
Hello, I mostly agree with Mr. D'Esposito. It may be possible that you could come within an exception to the doing business laws in the non-resident states, but this will require research and analysis by an attorney who is familiar with these matters. Also, you contracts with your customers need to be carefully drafted. If you can find and attorney who is able to address these questions in all three of your target states, you will have hit the jackpot!
Good luck with this project!See question
I have a sole proprietorship right now and am looking to form an LLC here soon. I currently live in Washington and am going to be moving to Florida. Should I wait to form the LLC for when I get to Florida? Or can I form it here and somehow move it...
I agree with Mr. Zarlenga that waiting is probably the better option. Normally, the key question in these situations is where you will be doing business. Most of the commentators advise forming the company in the state where you will be doing business. If you will be doing business in both states, then you will have to evaluate whether one state's LLC laws are more advantageous than the other's. An attorney with substantial expertise in LLCs can probably give you some guidance on that.See question
I need to know if I can keep my EIN number if my Oregon LLC is merged into a new Washington LLC. My accountant can't answer the question.
According to the IRS web site: "Generally, businesses need a new EIN when their ownership or structure has changed." But it may also depend upon the how one or both of the LLCs are taxed under federal income tax law. There are three possibilities: sole proprietorship (or corporate division), corporation (including S corp), or partnership. Whether you need a new EIN may depend partly on the type of tax status of the OR and/or WA entities.
Mr. Cappuccio's answer may be correct and he is certainly correct that it's time find that business/tax lawyer! Make sure the lawyer does business taxation, as opposed to some other area like estate/gift or state and local tax.See question
Hi- I am looking to form a pet services LLC in WA state and I am considering using LegalZoom to complete the paperwork. I looked at the sample form they provide and it looks like they just fill in the Washington State LLC form. My questions are...
Hello, lots of good information in these responses. If you'd like help sorting through all of this, feel free to contact me. LLCs are my main area of practice.
In any event, good luck with your new business!See question
I was told that to avoid possible lawsuit against your home one should create LLC ...is it true? if so how one can create LLC?
I agree that the points regarding potential creditor claims raised by Mr. D'Esposito need to be considered, although the law in Washington is not entirely clear on those points. Probably the better way to gain protection of your principal residence is to review your homeowner's insurance coverages as to claims connected with your home. Also, you can rely on the homestead exemption for partial protection against a judgment.See question
I would like to know: 1. What specialty I need to look for in a lawyer. 2. My business will be based in New Mexico where I don't need to have a license to practice but I would like to be able to work in different States, some of them require Lic...
Hello, here is how I would answer your questions:
1. You need a lawyer with substantial experience in LLCs, not just in business law. Generally, for the kinds of needs you stated, lawyers who do business law secondary to other practice areas like personal injury, litigation, or criminal law may or may not have the necessary expertise. By the way, the New Mexico Legislature is considering a bill that would repeal the existing LLC law and replace it with the Revised Uniform Limited Liability Company Act. If enacted, the new law will make significant changes to the way LLCs are formed and maintained in NM.
2. This question may need a few more facts to be answered completely. As a general rule, however, an LLC that is duly formed in one state can do business in other states as well. Some states do restrict the types of entities that certain licensed professional practices (for example, medical doctor, architect) may use.
3. In NM, it typically takes 10 to 15 working days to get the LLC papers processed by the Secretary of State, but this time can be shortened to one or two business days by paying an additional fee. The remaining documents, mainly the operating agreement, should take an additional week or two to complete.
4. The Secretary of State charges a filing fee of $50; the expedited processing fees are an additional $100 for two-day turnaround or $150 for one-day. For an initial consultation and basic LLC document preparation, attorney fees will start at around $400 (plus tax and any other costs). Any additional consultation and work outside of the business formation will be extra.
You do have the option to file your Articles of Organization online, but I usually don't recommend that, for a couple of reasons.See question
My husband and I are divorcing after 30 years of marriage (he's having an ongoing affair with his secretary), I believe he and the other corporate officers have transferred hundreds of thousands of dollars out of our corporation (corporation was s...
I agree with the other commenters, up to a point. The Washington community property laws may give you significant rights to address the wrongs you have laid out. If you are in a divorce proceeding, you probably already have a family (divorce) lawyer. If not, get one right away, as there is no way you can handle this yourself. Also, make sure your divorce lawyer has knowledge and experience in corporate law; there are a number of possible corporate issues presented in the facts you have stated.See question
Who is the governing person suppose to be an LLC when one is made?
Maybe worth clarifying further that the governing person is a concept that was introduced in recent Washington legislation known informally as the "HUB Bill." It uses the term "governor/s" to refer to the person/s responsible for managing the applicable business entity. In the case of a corporation, the governors are the directors. A limited liability company, however, can be managed either by the members or by one or more managers. So the 'governor' of a Washington LLC will either be the member(s) or the manager(s). As the other commenters correctly state, a manager can also be a member but doesn't necessarily have to be.See question