Legal Question in Business Law in Alabama

Sole Proprietor to LLC, EIN and paperwork concerns

I have already received an EIN as a Sole Proprietor and I am thinking of converting my business to a LLC.

I have not signed any contracts or collected any revenue

I did not use a Trade Name when I submitted my SS-4, but now I want to use a Trade Name.

I do not have a Business License yet.

Do I need to do anything special?

Do I need to make any changes regarding my EIN, and does it make sense to change to a LLC?

I will be running this business out of my house, I am already involved in a separate business (LLC) and I want to make sure I have a little more coverage legally on this one as well.

Any advice?

Thanks


Asked on 5/06/03, 1:02 am

2 Answers from Attorneys

Bobby Lott, Jr. Attorney at Law

Re: Sole Proprietor to LLC, EIN and paperwork concerns

It is usually wise to run a business as a separate entity such as an LLC, to limit your personal liability. There are several things you will need to do to get it off the ground, none of them difficult. You have to file papers with the probate judge and with the sec of state in Mont'y. You need to get a business license also. If you need info on how to proceed, contact my office at 205 - 322 - 3747. This can all be done by mail if you aren't convenient to where I am in Bhm.

Thanks!

Bobby Lott

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Answered on 5/06/03, 9:42 am
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Sole Proprietor to LLC, EIN and paperwork concerns

Well, the decision to incorporate and which entity to choose can be a complex one. Some business activities are inherently more risky than others, liability-wise. You should have an understanding of the tax implications as well, before forming a corporation. An LLC is a relatively new entity and there has not yet been a lot of case law regarding these types of entities. Basically, the organization of an LLC is similar to a partnership. The big benefit to incorporating is the legal shell that is created. If the corporation is valid and legal, any all debts and acts of the company solely belong to the company and not a principle such as yourself, so long as nothing is done which could result in the corporate veil being pierced. The forms that need to be completed and filed to properly form a business entity are not overly complex and you can do it on your own, with a little bit of research. However, if the potential exists to bring other people or partners into this venture and/or another entity will be a member of your company, you should probably get some legal advice prior to filing. Many attorneys will handle incorporations on a flat-rate fee basis. Good luck!

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Answered on 5/06/03, 2:24 pm


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