Legal Question in Business Law in California
Is a home in jeopardy if it's used as the location of an LLC
Hi -
We're starting an LLC located in Ventura County, California. This will be an Internet based company (i.e. Internet sales etc). Do I have to to list my personal home as the location of the LLC? I have a ''private'' mailbox that isn't a ''P.O. Box'' that I'd rather use. If I have to use my home as the location, does this tie my home to the LLC, if there are any legal suits? Or is it still protected and can't be touched? I want to keep my personal assets (i.e. home) separate from the LLC. I'm just not sure if using my home as the company location will make it liable to be taken if any lawsuits arise. Thanks much.
3 Answers from Attorneys
Re: Is a home in jeopardy if it's used as the location of an LLC
My first question is why an LLC over a Corp.? I don't think that running an LLC or Corp. out of the home, by itself, would satisfy the requirements for alter ego. So long as you adequately capitalize the company, keep entirely separate accounting and banking, and run the entity properly, you should be okay. Of course, anyone can still sue you personally if they wish, but the chances of their success wouldn't be that great. Don't be cheap in forming your LLC (or Corp.) Have an attorney do it so that you know that it's properly formed and you are advised on how to properly run it.
Re: Is a home in jeopardy if it's used as the location of an LLC
Whether or not you are held personally liable for the debts of the LLC depends on how you run the business, not on the address of record. That being said, I can understand and appreciate the desire not to have your personal information listed on the Statement of Information. Using a private mail box is a perfectly legal and acceptable alternative to using a home address as the place of business.
Re: Is a home in jeopardy if it's used as the location of an LLC
For some purposes, you can use a private mailbox. For a few purposes, a street address will be necessary. One that comes immediately to mind is the "registered agent for service of process" which must be identified and a street address given....however, the agent doesn't have to be you; you can use your lawyer or accountant or anyone willing to perform this service.
You may also be required to show a street address as the location of the business on an application for your business license, and perhaps some other official purposes.
For most purposes, it's a business decision whether to reveal a street address or not. A street address looks more credible and professional, but a mailbox gives you a greater assurance of privacy.
I don't think attempting to hide your home address would be much avail against a determined creditor or plaintiff. Whether your home is at risk or not depends far less upon whether you use its address than upon how you conduct your affairs.
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