Legal Question in Business Law in New Jersey

registered agent and ownership

I formed an LLC earlier this year, and I get a lot of junk mail addressed to my accountant..a lot of times the junk mail will say ''Owner'' and then the accountant's name. He is my registered agent, but is there a way I can check to make sure I'm listed as the actual owner of the LLC? I would hate to think my accountant has some claim to my business bank accounts and whatnot. I requested a business entity status report from the state of NJ...his name is listed as the incorporator and registered agent, but under Officers/Directors/Members it has my name and address with ''OTHER'' as the title. His name is not listed anywhere under ''Officers/Directors/Members'' Is it possible that he still has all the early powers an incorporator gets and hasn't named me as an officer or something?


Asked on 1/20/08, 2:21 am

4 Answers from Attorneys
Daniel Pepper Pepper Law Group, LLC

Re: registered agent and ownership

If you are the sole owner of the LLC, then by default you are the managing member. You can always amend your certificate of formation with the state to identify this title.

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Answered on 1/20/08, 8:40 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: registered agent and ownership

First, accountants should never form a LLC or Corporation. They are not trained in law and do not understand the intracacies of business formation. Frankly, I would be very concerned about any accountant trying to "play lawyer."

Secondly, when you first file a LLC in New Jersey, it only lists the person establishing the business and the registered agent. When you file the annual report form, the managing member will be listed.

You should immediately review this information with your tax and business lawyer to make sure everything is set-up right!

I hope this helps!

Ron Cappuccio

http://www.BusinessEsq.com

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Answered on 1/20/08, 11:43 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: registered agent and ownership

First, accountants should never form a LLC or Corporation. They are not trained in law and do not understand the intracacies of business formation. Frankly, I would be very concerned about any accountant trying to "play lawyer."

Secondly, when you first file a LLC in New Jersey, it only lists the person establishing the business and the registered agent. When you file the annual report form, the managing member will be listed.

You should immediately review this information with your tax and business lawyer to make sure everything is set-up right!

I hope this helps!

Ron Cappuccio

http://www.BusinessEsq.com

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Answered on 1/20/08, 11:43 am
Walter LeVine Walter D. LeVine, Esq.

Re: registered agent and ownership

Both Ron and Dan are correct. However, having formed many LLCs for clients, as both the person signing the Certificate of Formation and being the Registered Agent, what you noticed is that in this capacity a lot of junk mail is sent to me at the registered address, solely by virtue of having my office address as the registered office. Most of it is credit card offers. (A) I throw away all the junk mail unless I think my client would be interested in it, and (B) my getting mail does not infer or mean I am an owner or even have an interest in the LLC. I am merely a buffer so if anything important is in the mail, I will be notified. Finally, this also assures I am on top of the various annual requirements, so my clients do not forget to attend to them.

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Answered on 1/20/08, 12:53 pm


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