Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

I would like to incorporate a family business, which has been

ran as a sole propietorship...
I would like to incorporate a family business, which has been ran as a sole propietorship the last decade...

How can I start this paperwork?

If anyone knows, please let me know.

Thanks for your time.
Show More
Show Less
Ask Your Own Business Law Question
Answered in 5 minutes by:
9/1/2011
BizLawyerNate
BizLawyerNate, Attorney
Category: Business Law
Satisfied Customers: 10,686
Experience: 7 Years of Legal Experience Representing Small Business Owners
Verified
Thank you for your question and welcome to Just Answer.

Before I suggest what business form is best, XXXXX XXXXX of business is it?
Ask Your Own Business Law Question
Customer reply replied 6 years ago
It is a small automotive shop with one employee on the paperwork (the mechanic)...

I was thinking about either an LLC, S or C Corporation, but not sure which is best..

An LLC would be best because it requires fewer formalities than a corporation. Depending on what your accountant advises, you would either file taxes as a sole proprietorship would or you can elect S status and be treated the same as an S-corp for tax purposes.

Forming the LLC is relatively easy. You must file two forms, the Articles of Organization (LLC-1) and the Certificate of Information (LLC-12). Those forms (with instructions) can be found here

http://www.sos.ca.gov/business/be/forms.htm#llc

You also need to apply for an FEIN from the IRS for the business. You will need this to file taxes and to open a bank account.

http://www.irs.gov/businesses/small/article/0,,id=102767,00.html

As always, I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Thanks!

Nathan
BizLawyerNate
BizLawyerNate, Attorney
Category: Business Law
Satisfied Customers: 10,686
Experience: 7 Years of Legal Experience Representing Small Business Owners
Verified
BizLawyerNate and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask BizLawyerNate Your Own Question
BizLawyerNate
BizLawyerNate
BizLawyerNate, Attorney
Category: Business Law
Satisfied Customers: 10,686
10,686 Satisfied Customers
Experience: 7 Years of Legal Experience Representing Small Business Owners

BizLawyerNate is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I have a Tennessee corporation LLC that is being sued in
I have a Tennessee corporation LLC that is being sued in Colorado. If they want to pierce the veil of the LLC do they have to pursue that in Tennessee or can they do that in Colorado? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is there a rule which requires that a corporation (or LLC)
Is there a rule which requires that a corporation (or LLC) must have a lawyer in a civil case?… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
The 60% business owner to an LLC with no articles of
the 60% business owner to an LLC with no articles of organization, has done things that makes all of us want to separate. however the 40% owners hold all MHIC licenses. Can the 60% just move the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a C corporation the hold 7 apartments, me and my
I have a C corporation the hold 7 apartments, me and my partner want to open a new entity and transfer over half of the appartments so he can eventually stay with 3 and my 4. what would be the correct… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have a LLC business in the state of Texas. It is currently
I have a LLC business in the state of Texas. It is currently a sole proprioter. If I want to add 2 partners do I need to change it to a corporation? Or can I leave as is and just generate an agreement… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is a US C corporation owned by a foreigner treated as a
Is a US C corporation owned by a foreigner treated as a foreign person when the corporation sells real property in the US?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
California, privately held C Corporation, I own 100 shares,
California, privately held C Corporation, I own 100 shares, 100% ownership, of corporation and would like to issue 100 shares to my son, thus creating 50/50 ownership. What is the process (easiest) to… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have an existing TX LLC, doing business in CA. This LLC
Hello. I have an existing TX LLC, doing business in CA. This LLC will generate income from all over the world. I am going to register the TX LLC as a foreign LLC doing business in CA. At the same time… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
Converting my llc business to a c corporation and looking
Converting my llc business to a c corporation and looking for a lawyer to sign the paperwork … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,696 satisfied customers
I have C-Corporation company in California,USA. Currently my
Hi AllI have C-Corporation company in California,USA. Currently my business is software consultancy only. But going forward, I would like to perform business in selling few products (via dropshipping … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My friend has an existing C corporation in interior design.
My friend has an existing C corporation in interior design. Last year we decided to join forces we both took on an executive role in the corporation, hired a paycheck company and got to work. She agre… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
IS A "C" CORPORATION REQUIRED TO HAVE AN OPERATING AGREEMENT
IS A "C" CORPORATION REQUIRED TO HAVE AN OPERATING AGREEMENT WITH ITS SHAREHOLDERS OR OFFICERS?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
When I register a C corporation in CA, am I required to use
When I register a C corporation in CA, am I required to use my legal name or may I use a different name other than my legal name? Thanks.… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a C corporation in Memphis Tennessee. A part of my
I have a C corporation in Memphis Tennessee. A part of my business model is to acquire wrecked, damaged and older classic cars, restore and resell these cars. I am a legal business but do not wish to … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
When registering a C corporation in CA, if I don't like to
When registering a C corporation in CA, if I don't like to use my legal name anywhere on the documents, what options I have. Thank you.… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I plan to register a C corporation in CA. I think the State
I plan to register a C corporation in CA. I think the State of Secretary requires Service of Process Address, Entity Address, and Mailing Address. Would it be ok to leave the Entity Address blank? As … read more
Michael Gonzalez
Michael Gonzalez
JD
523 satisfied customers
Can an LLC be a partner in a C Corporation? Will that harm
Can an LLC be a partner in a C Corporation? Will that harm the LLC original status? Any advice?… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x