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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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Hello, This is a two-part question. 1.) I am starting

Resolved Question:

Hello,

This is a two-part question.

1.) I am starting an Internet based company and need to create an LLC. My primary residence is in NC; however sales reps will work from home across the country. My billing address will be in GA (where my accountant resides). A few questions:

In which state should I incorporate?
Are there states such as Deleware or Wyoming which would be better?
In which state would I pay taxes?
Can I create the corporation myself online?

2.) Do I need to copywrite my business name?
If so, is this a simple process or do I need an attorney?

Thanks in advance for your help!
Submitted: 2 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 2 years ago.

bizlaw :

How many owners will there be of the business? Will the sales reps be employees or independent contractors? Are you selling a product that you deliver? If so who will make the final decision on accepting a purchase contract, the sales rep or you in NC?

Customer : Currently one owner
Customer : Thanks for your help.
Customer : Sorry, hit return key. Employees and ind contractors. We will only sell advertising on site.
Expert:  Richard - Bizlaw replied 2 years ago.

I had to switch from chat as I could not see your answer. The best asset protection for a single member LLC is Wyoming. You can then qualify to do business in NC from where you operate. The cost of the Wyoming annual taxes will be small since your business will be out of state. You will only accept contracts on the site which will be in NC and that will keep taxes on the income solely in NC not in other states. To protect your business name you have to trademark it. This requires that you do a trademark search to see that your name is available. This aspect of things you probably want to do through an attorney. You can find sites online where you can get the form of a certificate of formation. On the Wyoming Secretary of State you will find where to file and the costs. Here is the link to the site. http://soswy.state.wy.us/Business/Business.aspx

You will also need a lawyer to prepare the contracts you will need for the independent sales reps so they are treated as independent contractors and their activities do not make you do business in the states where they are located for tax purposes.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8650
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 7 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
Is trademarking the same as copywriting?
Expert:  Richard - Bizlaw replied 2 years ago.

No it is a different protection and applies to things like business names. Copyright does not provide protection for things like business names.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8650
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 7 other Business Law Specialists are ready to help you

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