Business Legal Questions

Business By Annabakescakes Updated 5 Jan 2011 , 8:59pm by TexasSugar

Annabakescakes Posted 4 Jan 2011 , 11:43pm
post #1 of 16

I went to the Secretary of State website to see what I had to do to file my business as an LLC, and I saw this:

Domestic Limited Liability Company (Profit, Non-Profit or Professional Service)
-Articles of Organization: $40.00
-Amendment of Articles of Organization: $40.00
-Restated Articles of Organization: $40.00
-Amended and Restated Articles of Organization: $80.00
-Articles of Dissolution: $40.00
-Articles of Merger: $50.00
-Statement of Change of Registered Agent or Registered Office, or Both: $10.00 (not to exceed a total of $2,000.00)
-Articles of Correction: $20.00
-Reinstatement penalty after administrative dissolution: $100.00
-Application for reservation or renewal of reserved name (120 days): $15.00
-Notice of transfer of reserved name: $15.00
-Notice of cancellation of reserved name: $10.00
-Application for use of indistinguishable name: $20.00
-Annual report: $15.00
-Amended annual report: $15.00
-Any other document required or permitted to be filed: $15.00

I am thinking I will only need the first thing that I have underlined, but I am wondering what the second thing underlined means.

Is any of this stuff to protect my name, or how can I protect it? I don't want Sally Serves Ugly Crap DBA-ing as my business name or even Sally's {insert my business name}

Also, I already applied for an business tax ID number a couple years ago, but life got in the way, and I didn't start the business. But the name never really felt like my name, and I want to change it. Should I file to change it, or just do a new one? I did order from Deco-Pac with it once to "stock" the bakery with some spatulas and such.

And what is the first step, really? I am just now getting estimates for the plumbing. My garage still has sawdust all over the floor, and no drywall! Do I need the name, and tax ID to apply for all the permits, or can that come later?? Is this a chicken or egg type of question? lol I would like to get my name before someone else does! (And protect it.)

OH! Also, I want to start a business account to pay for all this stuff so I can write it off! I need the business name for that, but I guess the tax ID as well? So I guess I would have to have that first, but what about the LLC? Does it have to be files as an LLC before I have the account, or do I add it?

Thanks for all the help, whoever all helps!

15 replies
Annabakescakes Posted 5 Jan 2011 , 5:05pm
post #2 of 16

Is there no one with a "real" business that can help me at all?

ccr03 Posted 5 Jan 2011 , 5:16pm
post #3 of 16

I suggest you go to local small business center. Nearly every city has one and they will guide you along the way.

Truthfully, when I started my business, I went straight to the sources and suggest you do the same. Once you do all the legwork, it gives you so much more of an idea of what you are really in store for.

HAve you done any sort of business plan or fleasiblity plan?

costumeczar Posted 5 Jan 2011 , 6:19pm
post #4 of 16

It could be like when you register your business name with the state so that you'll be the only one with that name. You could call and talk to an actual person, they mgiht be able to clarify it.

susiekoos Posted 5 Jan 2011 , 6:32pm
post #5 of 16

I would check with SCORE . They are happy to help and you can go to there wedsite to find someone in your area.
Good Luck icon_wink.gif

Annabakescakes Posted 5 Jan 2011 , 6:39pm
post #6 of 16
Quote:
Originally Posted by ccr03

I suggest you go to local small business center. Nearly every city has one and they will guide you along the way.

Truthfully, when I started my business, I went straight to the sources and suggest you do the same. Once you do all the legwork, it gives you so much more of an idea of what you are really in store for.

HAve you done any sort of business plan or fleasiblity plan?




I know what i an "in store for".

Yes, I did a business plan almost 7 years ago when I was in business school, that i update constantly. It is never "closed" on my computer, it is always open and ready! But I really wanted something different and more polished and with more info on stats of other businesses in the area. But I am not going to the bank for a loan, and I am not borrowing money from an aunt or "being funded" in any way, besides my own hard work so I really don't need the whole thing all presentation style.

Plus, it is in our garage and the house is ours, so I will not have all the overhead. All my equipment was bought in cash, and already paid for. I literally only need the plumbing and electric put in, and the dry wall up. I had 2 plumbers out yesterday to give me an estimate, and I have 1 for today and 1 for tomorrow.

My husband pays the bills, and we have no debt, so whatever money I make is "extra". We are actually going to put the kids in private school. That is my whole goal. When my doors open, I will still have no debt, just no extra money.

When I asked for the first step, I meant my name or the building. Not the first step in deciding whether I can hack it as a cake business owner. I have already done the first hundred million steps, I have been "working" on having my own cake business for 12 years. It has been slow at times as a wife to a dead beat, with twins, then a divorced mother of twins on welfare. And a marriage and 2 more kids. I bought my house with the specific goal of having a business in the garage. I didn't take my first Wilton course last week and now want to be the next Duff. I thought they were simple enough questions and out of the 2 billion members on CC, I thought someone may have changed their business name at some point. I know there have been thousands on here that are LLCs and I know I am not the first to do a build out in the garage.

I am not asking for someone to do my homework for me, I just wanted the view point of someone who has had to do this. Forgive me for not wanting to waste my time on the phone, on hold, to a government agency. I have already spend about 30 hours on the phone with the IRS in the last 6 months and they haven't told me anything I didn't already research on the internet first. I thought that was what CC was for.

Annabakescakes Posted 5 Jan 2011 , 6:47pm
post #7 of 16
Quote:
Originally Posted by costumeczar

It could be like when you register your business name with the state so that you'll be the only one with that name. You could call and talk to an actual person, they mgiht be able to clarify it.




That's what I was thinking, but when i searched for it, I just got tons of the same application as a PDF, not any explanations. After 3 pages of them, for every state, I started getting a bunch of unrelated things. icon_rolleyes.gif

Annabakescakes Posted 5 Jan 2011 , 6:49pm
post #8 of 16
Quote:
Originally Posted by susiekoos

I would check with SCORE . They are happy to help and you can go to there wedsite to find someone in your area.
Good Luck icon_wink.gif




Thanks, I'll do that! But my kid has been load and grabby today! maybe I can use the phone when he naps!

Annabakescakes Posted 5 Jan 2011 , 6:50pm
post #9 of 16
Quote:
Originally Posted by Annabakescakes

Quote:
Originally Posted by susiekoos

I would check with SCORE . They are happy to help and you can go to there wedsite to find someone in your area.
Good Luck icon_wink.gif



Thanks, I'll do that! But my kid has been load and grabby today! maybe I can use the phone when he naps!




OOPS! we did have a "load" today, but I meant loud!

TattooMom25 Posted 5 Jan 2011 , 7:12pm
post #10 of 16

I am not sure what state you are in but when I incorpotated (LLC) I went to an attorney. She helped me with all the docs and showed me how to continually file for myself every year. Not cheap ($600) but she was worth every penny. In my state if all you need is a tax ID, you just go online and file for you dba. Then once you have that you file for your tax id number. Hope that helps.

jason_kraft Posted 5 Jan 2011 , 7:25pm
post #11 of 16
Quote:
Originally Posted by TattooMom25

I am not sure what state you are in but when I incorpotated (LLC) I went to an attorney. She helped me with all the docs and showed me how to continually file for myself every year. Not cheap ($600) but she was worth every penny. In my state if all you need is a tax ID, you just go online and file for you dba. Then once you have that you file for your tax id number. Hope that helps.



Legalzoom can do pretty much the same thing for a lot less ($100 or so).

ccr03 Posted 5 Jan 2011 , 7:39pm
post #12 of 16

dup

ccr03 Posted 5 Jan 2011 , 7:43pm
post #13 of 16

Not trying to be a punk, just helpful.

Good luck though.

Annabakescakes Posted 5 Jan 2011 , 8:13pm
post #14 of 16

I do have a tax id number, associated with the business name I wanted, but now I don't want that name! I have thought of one I like better, but I don't know if I need a new one, or if I can just change the name associated with it. BTW, I also need to change my name on my SS card! I got married about 3 years ago and still haven't done that! (I do know how, that is why it is not done, it is such a hassle! I have had to do it 2 times now.) I am going to that FIRST, then I won't have to change it on my business stuff.

I also plan on protecting the name somehow, because it is SUPER CUTE, and there is no one else that has it! (Insert girly squeal!) And I do not want some amateurish slob to start using it. Especially after reading this http://cakecentral.com/modules.php?name=Forums&file=viewtopic&t=675643&postdays=0&postorder=asc&&start=0

leily Posted 5 Jan 2011 , 8:30pm
post #15 of 16

in order to completely protect your name so no one else can do it you need to get it trademarked. Doing it as a DBA in your area doesn't protect you from someone else being able to use it. However it also requires you to do some upkeep and randomly check to make sure no one else is using it. (similiar to copyrighted characters etc...)

For instance Pepsi, Coca-cola, Disney, and other large names have their name trademarked throughout the world. No one else can use these names legally.

I went through an attorney and small business accountant when i set up my business and they made sure that I had all the documentation done that needed to be done to do what i wanted (my name set so no one else can use it legally, i do have recourse if someone tries to use it elsewhere) i set up as a corporation to help protect myself and my personal assets (it doesn't completely, but it helps) Paying these two people was well worth the money, and it showed as a loss on my taxes for the company the first couple years, but i didn't have to pay any taxes then!

TexasSugar Posted 5 Jan 2011 , 8:59pm
post #16 of 16

I think honestly, even though it means hassle of sitting on hold and being transfered around, the best place to get answers is talk to the goverment agencies that would be over them. In the end, they are the ones that you will have to answer too.

As far as the business name, I think what you would need to do there is trademark or copyright it.

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