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ErikOk

LLC Physical Address

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What are you all using for the LLC street address.

 

My state form (Oklahoma) states "The street address of its principal place of business, wherever located:"

 

Could I just use a UPS store address since PO Box is not allowed? I just don't like the idea of having my home address listed. Look forward to what you all are doing.

 

I have checked with Registered Agent companies, but any I have found so far don't allow their address to be used as your business address, just for receiving state docs & lawsuits :P

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I'm guessing that OK wants the actual physical address where you are operating your business from. Does that mean it needs to be your home address? Probably not. Is a state agent going to verify this info? Unlikely.

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Most Secretary of States will require a physical mailing address, even though you may also have a PO Box, they need a physical address to be on file, at least for the registered agent.

I use a service in Austin as my registered agent.

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Most Secretary of States will require a physical mailing address, even though you may also have a PO Box, they need a physical address to be on file, at least for the registered agent.

I use a service in Austin as my registered agent.

 

I checked on the OK Articles of Organization form and they have a spot listed for registered agent address, physical address of the LLC, and then a separate line for the person submitting the articles (indicates that the person need not be a member of the LLC), and this also asks for an address.

 

I was just figuring on hiring a registered agent. I would prefer to not have my name on the public record, so I am curious if the other 2 addresses I mentioned above would be accessible on the public record?

 

Probably a question I guess for the OK Sect of States office.

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Most Secretary of States will require a physical mailing address, even though you may also have a PO Box, they need a physical address to be on file, at least for the registered agent.

I use a service in Austin as my registered agent.

 

John,

 

Do you mean that your RA is allowing you to use their address as your physical LLC address. I spoke with a RA yesterday and was told that they do this in AZ, NV, and WY.

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Keep in mind corporation and LLC filings are overseen on the state level, so whatever I say may vary from state to state, so you may want to verify with your specific state's laws.

Having said that, the structure of an LLC is the same from state to state.

An LLC is comprised of it's member's, and the managing member.

For those like me that are single member LLC's, you are the managing member.

So, your info will be on file with the secretary of state (SOS) and that will be public information.

You can put your company address as a PO Box in many if not all states, but the SOS must have a physical address for the registered agent.

 

Your registered agent is the person or entity that would be on file to receive certified notices, suits etc.

The state needs a physical address for the registered agent.

I never recommend putting yourself as the registered agent, however, when most people form an LLC, they put themselves as the registered agent not knowing any better.

It's not a huge thing for sure, but what if you are gone for 2 weeks in Hawaii and an attorney is trying to serve the LLC?

If you have yourself as the registered agent and you aren't at home, you may not ever know you were being served and you could get a default judgment against you.

I use a company (Lawyer's Aid Service) in Austin as my registered agent.

If I was to get a certified notice or served it would go to the registered agent and they would call me, e-mail, and then send any service to my attorney on file.

All while I am sipping rum on a beach....getting a rub down...

 

So, put yourself as the managing member, and either use a servicing company as your registered agent or your attorney, but keep in mind dot all attorneys act as a registered agent.

I think I pay like...$175 a year for the registered agent, and then $20 for service process if they have to send me something .

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Well I guess the Okies do it different.

 

Requirement for the Articles of Organization are:

1: Name of LLC

2: Street address of principal place of business, wherever located (whatever that means)

3: Name & street address of resident agent

4: Term of existence.

5: And finally somebody has to sign. And it reads "Articles of organization must be signed by at least one person who need not be a member of the limited liability company."

 

I talked with the Secretary of State & they said the UPS store is OK for a registered agent seeing as how they have a physical address and are open during business hours. And right in the UPS store contract it states that they act as an agent for service of process (you getting served papers). I'm still thinking it might be wise to pay the $50 to $100/year to a true registered agent service??

 

They also said I can use the UPS store as the principal place of business. (i.e 123 Main St #1)

 

Nowhere did I see where you have to state the members/manager, so all I have to do is buy Freddy the bum a 6 pack to sign & submit the Articles & I can continue to live in anonymity :P

 

Anyhow, something is fishy because it seems that the state is making it too easy.

 

On another note, I've been doing some reading about LLC's. Do most of you have single member LLC's. Do you have any worry's about being seen or treated as a sole proprietorship if sued. My understanding is that in some states single member LLC's have been found personally liable, thereby defeating the LLC's liability protection.

 

It has been suggested that to make an LLC stronger liability-wise that you should sell membership shares to a friend/family member, say 2% vs your 98%.

 

I look forward to any input you all might have.

 

Thanks,

Erik

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Probably not what you want to read, Erik, but your best course of action may be a local asset protection attorney. Often times if you call the state Bar they offer a referral service to the type of attorney you want to speak with. The attorneys they recommend are then obligated to provide you with a discounted, (sometimes free), 15 minute or 30 minute consultation.

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Probably not what you want to read, Erik, but your best course of action may be a local asset protection attorney. Often times if you call the state Bar they offer a referral service to the type of attorney you want to speak with. The attorneys they recommend are then obligated to provide you with a discounted, (sometimes free), 15 minute or 30 minute consultation.

 

Hey Michael,

 

Why do you think I should contact a local asset protection attorney? Is this something you have done when you formed your LLC? Can you elaborate?

 

I have been looking at the Prepaid Legal (Now known as Legalshield).

 

Hopefully others can chime in too especially with attorney/Legalshield experiences.

 

 

Erik

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Why do you think I should contact a local asset protection attorney?
Because you have questions regarding a legal matter, and they can best be answered by an attorney. If you can obtain that legal advice for a reasonable fee it's money well spent.

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The guy with the tattoos and nose piercings at the UPS store is my registered agent....

WHEEE!!!!

Only in Oklahoma!!!

 

Don't make too much of a mountain out of a minor mole hill, but in regards to shares, a corporation has shares, not an LLC, but that is negligible at this point.

The purpose of the LLC is to provide a barrier between you personally and the company.

Set yourself up as the Managing Member, and look for a company that will be your registered agent.

When you find that company, they can actually set up the LLC for you normally for a small fee.

Then you need your EIN from the IRS.

As far as a$$et protection, MC is right that that is better suited for an attorney to answer.

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Sorry...I'm still laughing at the thought of a 17 year old working at the UPS store as the registered agent!!!

In the class I talk about my experience with the legal stuff, and give true accounts, including the time a novice attorney wanted to send me something, and actually called and asked for my address...

I told her to send it to the registered agent, and she said, "Fine! What's his address?!"

I told her "It's on file with the state."

Her response "Oh!! So we're gonna play THAT game huh?" click...literally...she hung up...

I never got squat....

I can just imagine telling her "You can send that to the stoner at the UPS store...but make sure it's after 11..he likes to sleep in..."

HA!!!

 

As far as pre-paid legal, they SUCK!!!!

Pre-paid legal gets their clients from, guess what?

MLM!!! Network marketing!!!

Yep...the same business plan that you use for selling home jewelry parties and tupperware...

I've gotten letters from pre-pay legal services, and I wipe my a$$ with them.

I don't even respond. Seriously...I can tell it's pre-paid legal by reading it....

Now..keep in mind...it has been YEARS since I've had any letters sent my way, but the point is...I don't want my company's legal services to be based on the same business model as someone that sells tupperware....

If I need legal work, I pay good money for it, and it's not based on tupperware....

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