Legal Question in Business Law in California

LLC. Limited Liability Company

If you created an LLC with only yourself, and later decided to hire more employees, how does that work? On file, it would only say 1 member? When do we update the filing?


Asked on 4/18/07, 1:03 am

3 Answers from Attorneys

Bryan Becker Stutz Artiano Shinoff & Holtz

Re: LLC. Limited Liability Company

As I understand your set-up, you are the only member of the LLC. As long as the employees you hire are just that, employees, and they are not part of ownership of the LLC you would not have to amend your filing. If you have any questions about this, feel free to contact me via phone or email.

Yours truly,

Bryan Becker, Esq.

877*201*8728

[email protected]

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Answered on 4/18/07, 12:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: LLC. Limited Liability Company

The Secretary of State is only interested in members, not employees. When the LLC adds members, it should file a Form LLC-12 and perhaps an LLC-2 if the addition of members requires. You can look at the forms and instructions on line and decide which is appropriate at the time.

There are of course other state and federal agencies that will be very eager to hear when the LLC gas employees - and by the way, someone who works for the LLC as a manager or member is also an employee. Contact the Employment Development Dep't. and start withholding and remitting both state and federal taxes, etc. when you have a payroll.

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Answered on 4/18/07, 12:32 pm
Jim Schaefer Schaefer & Associates

Re: LLC. Limited Liability Company

A filing need only be made if someone else owns an interest in the company and is a owner/member of the LLC. A filing for simple employees is not needed nor advised.

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Answered on 4/18/07, 1:29 pm


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