Legal Question in Business Law in California
Corporations
If i form a corporation in Califronia and use it for my Retail Jewelry Business do i need to form a seperate corporation if i want to start buying and renting houses in Ohio or can the same corporation be used for two different businesses in two different locations?
2 Answers from Attorneys
Re: Corporations
Hello,
The short answer is yes, the corporation can engage in two separate businesses.
You would have to register your "foreign" corporation in Ohio by filing Form 530: "Foreign Corporation Application for License or Registration of Corporation Name", prior to doing business in Ohio.
The issue that arises is whether you want to have the same corporation exposed to liability for the two business ventures. If a tenant were to sue the corporation they could go after any assets the corporation owns. Most of my clients end up setting up a separate LLC to run their rental units.
Regards,
Re: Corporations
Most states require that you register your corporation with its Secretary of State before conducting business within that state. There is sometimes some latitude about what counts as doing business within a state, but in the case of rental property, it would be quite clear.
However, there is a separate matter that you may or may not have thought about, which is that there may good reasons to separate these businesses from an asset protection planning perspective. That is, you probably do not want to risk that a slip and fall tort suit could eat into to you California jewelry business and for this purpose, you would probably want to create separate entities anyway.
If you want to discuss this matter further, please call my office to arrange a free initial consultation.
Related Questions & Answers
-
LLC Question I am the CEO and Agent for Service of Process of a LLC. I have sent a... Asked 11/04/08, 5:15 pm in United States California Business Law
-
Mechanical lien I entered into a contract to have my floors replaced. Half of the... Asked 11/04/08, 12:50 am in United States California Business Law
-
Business law question 26 years ago while in a private business school I created a... Asked 11/03/08, 2:02 pm in United States California Business Law