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J. Warren
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 2236
Experience:  Experience in general business transaction and formation matters.
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I have one sole proprietorship(let's call it business 1) and

Customer Question

I have one sole proprietorship(let's call it business 1) and one single member LLC(business 2). I would like business 2 to be held under the ownership of business one. What would be the legal process for this? I'm in PA
Submitted: 9 months ago.
Category: Business Law
Expert:  Richard replied 9 months ago.

Good morning Aaron. My name is ***** ***** I look forward to helping you. You want the LLC business to be held by the sole proprietorship? Thanks.

Customer: replied 9 months ago.
Correct, but I am willing and would like to change the sole proprietorship to an LLC and take away the LLC designation on the second business
Expert:  Richard replied 9 months ago.

Thanks for responding. I don't think I understand the rationale behind your goals here. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

I am so sorry that you are having to go through this.

You are free to go back to Ohio and file for divorce once you establish residency there.You do not forfeit any property rights from the marriage.The assets would be divided according to Ohio law here once you file.It is possible that husband files in Maryland, in that case you would have to return for court.

I appreciate the chance to help you today.Thanks again and the best with the move.

Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

I am so sorry that you are having to go through this.

You are free to go back to Ohio and file for divorce once you establish residency there.You do not forfeit any property rights from the marriage.The assets would be divided according to Ohio law here once you file.It is possible that husband files in Maryland, in that case you would have to return for court.

I appreciate the chance to help you today.Thanks again and the best with the move.

Expert:  RayAnswers replied 9 months ago.

In order to file for a divorce in Ohio, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.

You would have to wait six months to file once you move to Ohio.

Customer: replied 9 months ago.
Did you answer the wrong question?
Expert:  RayAnswers replied 9 months ago.

I am sorry this was a site error please disregard, your other expert will follow up.Sorry.

Expert:  J. Warren replied 9 months ago.

Hi Aaron, My name is ***** ***** I will be helping you today! I look forward to working with you to provide you the information you are seeking for educational purposes only. It will take me just a few minutes to type a response to your question. Thanks for your patience!

A sole proprietorship can be converted to an LLC by filing Articles of Organization under the name of the Sole Proprietorship. This would be taking what you describe as business 1 and converting it to an LLC rather then a sole proprietorship. After business 1 becomes an LLC by filing Articles of Organization, business 2 files a dissolution with the Secretary of State, then if the desire is to continue a business under business 2's name, business 1 registers the name of business 2 as an assumed business name. The end result would be as you first posed, business 1 is now an LLC and operates a business under the name of business 2.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.