General Legal Issues

Explore possible legal structures for your business and discuss general small business legal issues.

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Old 03-06-2012
moiraesfate's Avatar
moiraesfate moiraesfate is offline
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Company name: Proxor LLC
 
Join Date: Feb 2012
Location: Louisiana
Posts: 472
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Default Trial by fire
With my husband getting laid off next month, I need to get my butt in gear and I need some help. I intended on taking longer to do this, but we need to start it now so he can start cold calling as soon as he gets laid off.

So, I think I've decided on an LLC for the company. My husbands original idea was to have it a sole proprietorship under me and he'd be effectively my employee.

I rather don't like that idea. Though it gives me all the power in the company, there is no real legal protection against lawsuits from clients if something goes wrong. Forming an LLC with me having 51% and him having 49% ownership (which seems like something he'd prefer since he didn't want to be in charge anyway. I'd give him 50% if I thought he'd take it) feels better to me.

Here's the thing though... I'm trained as a legal secretary but I hated it in college and I hate it now. Legal mumbo jumbo makes my head spin and my eyes cross. I'd take this to a lawyer but with hubby being laid off soon, we can't afford the cost.

I'm from Louisiana and I can register the LLC on the Secretary of State website (still have to choose the name, but hubby isn't home just yet and I don't want to work on that alone. It should be something fun).

It's $75 to register on the web site, and here's what it asks for....

1. Company Name

2. This company is formed for the purpose of:
Engaging in any lawful activity for which limited liability companies may be formed (I'm assuming this is the right one since the Louisiana law pretty much states that an LLC can be formed for any business except a bank).

3. The duration of this limited liability company is: (may be perpetual) (I'm thinking that I'll just put perpetual since I'm assuming thats right).

4. Other Provisions: (and this is where I draw a blank. I have NO CLUE what to put in here and the web hasn't been much help, plus the website makes no suggestions at all. Can you help? At least point me in the right direction to find it myself?)

Thanks so much.
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Old 03-06-2012
Cathryn Jones Cathryn Jones is offline
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Company name: Assistants For Agents, LLC
 
Join Date: Aug 2009
Posts: 111
Default Re: Trial by fire
I began my business in Houston, TX. I found the Small Business Administration (www.sba.gov) to be PRICELESS! I went to the local SBA office and met with a very knowledgeable, retired man who guided me through the entire business set up. Back then (10 years ago), it was a free service. They even offered some great workshops too! I believe they have online help if there isn't a local office near your home. I highly recommend SBA.

If that isn't an option....I have always found calling the state 800 number to be very useful! My family moved from Texas to Virginia. So, upon arriving in Virginia, I called the 800# to ask about my LLC, taxes, etc.. They were awesome! My CPA concurred that the information from the 800# was correct. Yahoo!

Just two free places to try!

Best wishes on your business! You can do it!
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