Legal Question in Business Law in New Jersey
I have an LLC in NJ. I worked as a private contactor doing behavioral therapy with children. The agency then made me an employee after 3 years. Can I continue to keep the LLC for business reasons and connections?
3 Answers from Attorneys
Yes. There is no requirement to dissolve it. Nor is there any minimum level of business you must do to keep the LLC alive. So long as you continue to pay the state mandated annual report fee and file annual reports, the LLC can survive "forever."
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
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As a Franchise Attorney I only add the following. Check your employment agreement (or check with your employer) to see if they're ok with what you propose. Some employers don't look kindly on employees engaging in any outside activity they consider competitive. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I agree with both responses. There are minimum requirements to keep the LLC alive, and unless your original Certificate of Formation limited its business to one specific field, like behavioral therapy, no amendment is usually required. Most C/Fs allowed the LLC to conduct any legitimate business that could be conducted by a LLC in NJ. If this or similar language is not contained in the C/F, and it just lists one authorized business/service, I suggest a simple amendment be filed, to expand the allowed businesses to allow you to do anything permitted by law. I also suggest that if your employer has a no-competition agreement, you see that any outside business/service you may undertake does not violate this agreement.
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