Legal Question in Business Law in California

To whom it may concern, I was wondering if a DMV surety bond can be placed under two people operating the same dealership. I don't want to have all the responsibility for the companies bond since my partner is a 50/50 investor. Please provide me with the information in order to go about getting a DMV surety bond under both partners names. Thank you, your response is deeply appreciated.

Regards,

Ray


Asked on 1/04/13, 7:19 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Ask your insurance company, or bonding company, not your lawyer. It is their opinion that counts.

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Answered on 1/04/13, 7:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It seems to me that you may need some basic business-organization efforts or formalities to be handled -- not just for the DMV bond, but for your general business organization and partner relationship. First, you speak of your business associate as a "partner." This is a very charged term in the legal world. "Partners" are, technically, people involved as the co-owners of a partnership business -- often a general partnership, but sometimes a limited partnership or a limited-liability partnership. However, in informal parlance, people associated in a corporation or LLC may refer to each other as "partners," even though, more correctly, they should call themselves "co-owners" "stockholders" "co-promoters" or something that doesn't suggest that their business is organized as a partnership.

I'm quite sure the DMV has appropriate procedures and requirements for bonding true partnership, as well as other forms of business organization. Ask them -- but not until you are clear on what your business is organized as.

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Answered on 1/04/13, 9:00 pm
Bruce Beal Beal Business Law

Please talk to Steve Swartz at [email protected].

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Answered on 1/07/13, 9:55 am


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