Legal Question in Business Law in California

I am a writer who is preparing to start a small publishing house as a sole proprietorship in California, in order to publish my own book(s) -- but I expect to be moving from California in the next couple of years and hope to maintain a stable mailing address for my press.

When I have moved, and legally re-established my business in the new state, can I still use the same California mailing address (a PO Box or mailbox -- not an office) for my press, or would doing so mean that I might legally be considered to be still "doing business" in California (with all the responsibilities that implies)?

It is worth noting that:

1.) I will not at any point be in possession of capital that might help define the location of my business -- as I will be contracting with a corporation in another state, which will print the books and distribute them to retailers for me, so I will never actually have the books in my possession.

2.) I will not have an office that would help define the location of my business, but will be working out of my home.

3.) the mailing address will be very public, as it will be printed on the copyright page of every book, just as the city will appear on every title page.


Asked on 8/12/11, 1:25 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

California hates small businesses and will tax and regulate you into the grave. Start your venture elsewhere.

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Answered on 8/12/11, 2:13 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Stone is not literally correct, but it sure seems that way at times. I believe small businesses that operate in California should be formed here, because they will be subjected to California's laws and policies anyway. Based on this post and your previous one, I believe you should probably form (incorporate?) your business in the target state, where you expect to be writing and cashing royalty checks from your publisher in the future. I would also suggest that you consider getting that P. O. Box in the target state and community, especially if the local P.O. is friendly and not short on boxes, Sometimes they demand a local address, but you can get around that (rent desk space, strike up a deal with a local merchant or Realtor, etc.). Make sure someone will empty the box and forward the mail until you actually move to the target town. If for some undisclosed reason the P. O. Box has to be in Califooya, the fact of receiving mail here is alone insufficient, I think, to constitute doing business here, if someone is forwarding the mail to you unopened. On the other hand, if you are actually perpetrating a fraud on anyone by mking them think you have a significant Calif. presence when you don't, that's unlawful. The ends are more important than the means.

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Answered on 8/12/11, 3:28 pm


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