Legal Question in Business Law in Oklahoma
I need help forming my business. Here is the outline of what I do.
I am based out of my house. I go around to businesses and teach CPR classes. I am also an independent sales agent for a company where I sell AEDs (Automated External Defibrilators) The company pays me a finders fee. I would like to also be a reseller for first aid supplies.
I know I want to form an LLC, but not sure if I need a license to teach CPR in Oklahoma, or if I need a license to sell AEDs in Oklahoma. I can't find a trade related to this when I want to register for a license.
Is there a way to register as one company name, but have other sub companies under that?
I will be getting an EIN soon. Is there anything else I need to do? This is a side business for now, but hope to make it my main source of income someday.
Thanks
Kevin
1 Answer from Attorneys
First of all, if you are a home-based business that is currently earning profit, it is recommended that you file to become a single-member LLC immediately, obtain an EIN # and register your business.
This is for your protection, the protection of your personal assets and for tax filing purposes. It would also help you obtain additional exposure from your registration.
If you teach CPR classes you may be able to obtain a contract and/or other information from the American Red-Cross Associations or other organizations that promote, support or secure contracts and/or sponsorships this type of service. They also can provide more information about licensing requirements.
The AED's should not require licensing if you do not "operate" or "demonstrate" these devices. Instead, you appear to acting as an independent sales agent. As such, you may be looked upon as an associate or sub-contractor who recieves commissioned income or fees based on your sales production activities, not direct sales which require use of the device as a tool. However, it is recommended that to obtain a contract from the company that hired you to market these items for their company and assure sure the contract outline these limited responsibilities on behalf of their company.
If you include the selling of the other medical supplies, you may would defined under the medical catagory as a provider of medical supplies, services and products, all of which, can be executed or extended to add any other services, supplies and products under the same LLC and under this "medical" catagory. I hope this helps. If you need help setting up your single LLC, feel free to let us know.
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