Paysite owners.. forming an LLC??? - GoFuckYourself.com

rapmaster · 03-26-2007, 05:48 PM

I have a question for anyone who's formed an LLC for a website, specifically and adult website

Does anyone know if it matters what state I file the LLC in, and if it matters that my primary physical location is not in that state?

I live in california and was wondering about having to register as a foreign llc if I register out of state.

nestle · 03-26-2007, 05:54 PM

Quote:

Originally Posted by rapmaster

I have a question for anyone who's formed an LLC for a website, specifically and adult website

Does anyone know if it matters what state I file the LLC in, and if it matters that my primary physical location is not in that state?

I live in california and was wondering about having to register as a foreign llc if I register out of state.

You can form an LLC in any state but from my experience, every state requires that you have a registered agent in the state of incorporation. So for example, your actual business can be located in California but you can form an LLC in Delaware if you have a registered agent within Delaware.

rapmaster · 03-26-2007, 05:56 PM

Quote:

Originally Posted by nestle

You can form an LLC in any state but from my experience, every state requires that you have a registered agent in the state of incorporation. So for example, your actual business can be located in California but you can form an LLC in Delaware if you have a registered agent within Delaware.

Yeah my registered agent is in delaware

rapmaster · 03-26-2007, 06:57 PM

I guess maybe I'll contact a cheap attorney (anyone know some good adult website ones?)

The thing is, I don't really know much about having to file for a foreign LLC in CA.

I'm just filling out my SS-4 (application for employee identification number) and I'm wondering if I should use my california address for everything or the registered agent's addess in Delaware.

My launch date is May 3rd I have something cool planned

PamiebDVD · 03-26-2007, 07:07 PM

Quote:

Originally Posted by rapmaster

I have a question for anyone who's formed an LLC for a website, specifically and adult website

Does anyone know if it matters what state I file the LLC in, and if it matters that my primary physical location is not in that state?

I live in california and was wondering about having to register as a foreign llc if I register out of state.

Like was said earlier...you can register in any state you wish. If you are in CA, you'll have to then register with the state as a foreign business conducting business in the state.

Why don't you just get an accountant to help you out with the biz setup part? If it's just the logistics you're worried about.

GigoloMason · 03-26-2007, 07:08 PM

Quote:

Originally Posted by rapmaster

I have a question for anyone who's formed an LLC for a website, specifically and adult website

Does anyone know if it matters what state I file the LLC in, and if it matters that my primary physical location is not in that state?

I live in california and was wondering about having to register as a foreign llc if I register out of state.

The laws differ from state to state.

avalanche · 03-26-2007, 07:29 PM

Visit...

http://www.corporate.com/

They do all the paperwork and function as your resident agent! Very good prices!

rapmaster · 03-26-2007, 07:54 PM

Quote:

Originally Posted by avalanche

Visit...

http://www.corporate.com/

They do all the paperwork and function as your resident agent! Very good prices!

Thanks for the advice everyone.

Like I said, I already formed my LLC with myself and 2 partners as members. I have a registered agent and they are located in Delaware, which is where I formed the LLC.

I've had a hell of a time finding info on the net though. How does it work for a website, can a website just take orders from people all over the country and be registered only in one state? It's a lot different than a brick and mortar orperation.

Furthermore, I live in California, and so do my partners. Do I need to file as a foreign llc here? Is it fine for me to update the website from California even though I'm registered in Delaware?

Maybe it's a dry topic for some, but I want to make sure I start my business the right way - and theres so little information about forming an llc to operate a website

thanks again everyone

rapmaster · 03-26-2007, 07:56 PM

Quote:

Originally Posted by PamiebDVD

Like was said earlier...you can register in any state you wish. If you are in CA, you'll have to then register with the state as a foreign business conducting business in the state.

Why don't you just get an accountant to help you out with the biz setup part? If it's just the logistics you're worried about.

I'm going to do that I think. thanks.

rapmaster · 03-26-2007, 08:10 PM

Well, for anyone's future reference, I found an official document from the California Secretary Of State which discusses the issue

It looks like it's only a $70 fee to register... but then I have to pay the $800 a year like any california llc

http://www.ss.ca.gov/business/llc/forms/llc-5.pdf

Anyway, the reason I chose Delaware was because the identity of the members was confidential and not publicly disclosed - if I register as a foreign LLC in California is that no longer the case?

time to get an accountant, you're right.

rapmaster · 03-26-2007, 08:21 PM

What I still don't get though...

Is that I'm going to be selling memberships to people in all 50 states. Does this mean I'm conducting interstate business and thus need to file as a foreign llc in all states?

This sounds absurd as the cost would prohibit most small website owners from forming an llc

GigoloJustin · 03-26-2007, 08:39 PM

www.adultlaw.com

good adult advice

amateurcanada · 03-26-2007, 09:15 PM

www.corporate.com is best, will make sure your complaint - my friends use them

Rochard · 03-26-2007, 09:24 PM

Quote:

Originally Posted by avalanche

Visit...

http://www.corporate.com/

They do all the paperwork and function as your resident agent! Very good prices!

I formed one on my own in Arizona two years ago and it took months. Just did it with Corporate.com and I had a tax ID number in twenty-four hours.

rapmaster · 03-26-2007, 09:34 PM

Quote:

Originally Posted by GigoloJustin

www.adultlaw.com

good adult advice

Sounds cool, I'll check it out

Evil E · 03-26-2007, 11:04 PM

Here's some more infos about LLC in the states with relevant links.

http://www.delawareintercorp.com/

Evil E · 03-26-2007, 11:12 PM

http://www.startupjunkies.org/incorp.html

DWB · 03-27-2007, 10:31 AM

Out of the USA my man... out of the USA.

avalanche · 03-27-2007, 12:49 PM

Quote:

Originally Posted by rapmaster

Thanks for the advice everyone.

Like I said, I already formed my LLC with myself and 2 partners as members. I have a registered agent and they are located in Delaware, which is where I formed the LLC.

I've had a hell of a time finding info on the net though. How does it work for a website, can a website just take orders from people all over the country and be registered only in one state? It's a lot different than a brick and mortar orperation.

Furthermore, I live in California, and so do my partners. Do I need to file as a foreign llc here? Is it fine for me to update the website from California even though I'm registered in Delaware?

Maybe it's a dry topic for some, but I want to make sure I start my business the right way - and theres so little information about forming an llc to operate a website

thanks again everyone

Remember that if you register as a foreign LLC in California, and I imagine in most any state, you lose the benefits of the Delaware or Nevada corporation. I'm not that familiar with Delaware, but I know that if you register in California you are then liable for California Corporate Taxes. State foreign if at all possible.

GigoloMason · 03-27-2007, 12:53 PM

Quote:

Originally Posted by rapmaster

This sounds absurd as the cost would prohibit most small website owners from forming an llc

Technically it would mean you would simply need to file for a business license in any state you operate in (for a brick and mortar) not as a separate LLC.

That being said, with internet companies this standard hasn't really been applied\enforced.

JMM · 03-27-2007, 01:03 PM

You don't have to register in every state, just one. Your Delaware LLC is fine, you can sell memberships to anyone in any state.

The ONLY reason you would have to register as a foreign corp in California is if you have an office there, or actual employees in the state. These would be W-2 employees and NOT independent contractors.

And BTW, the term foreign, as it applies here, does not mean "outside the U.S.", it means outside of California.

PamiebDVD · 03-27-2007, 01:04 PM

Quote:

Originally Posted by rapmaster

What I still don't get though...

Is that I'm going to be selling memberships to people in all 50 states. Does this mean I'm conducting interstate business and thus need to file as a foreign llc in all states?

This sounds absurd as the cost would prohibit most small website owners from forming an llc

If you're in CA, you should only need to register as a foreign llc doing biz in CA. Yes, you've got the $800 annual state biz license fee and you've quarterly taxes on your CA memberships.

Just make sure that your t&c and tos are written up properly for legal purposes.

Like others have suggested, you should really look into getting some help with setting this up right - the first time.

rapmaster · 03-27-2007, 01:58 PM

Thanks everyone,

I'm actually contating an attorney today. The main reason we registered in Delaware is because some of the partners didn't want their identities disclosed in the articles or organization.

bDok · 03-27-2007, 03:01 PM

Quote:

Originally Posted by rapmaster

I guess maybe I'll contact a cheap attorney

cheap and attorney

03-26-2007, 05:48 PM	#1
rapmaster Confirmed User Join Date: Jan 2007 Posts: 1,576	Paysite owners.. forming an LLC??? I have a question for anyone who's formed an LLC for a website, specifically and adult website Does anyone know if it matters what state I file the LLC in, and if it matters that my primary physical location is not in that state? I live in california and was wondering about having to register as a foreign llc if I register out of state. __________________ http://en.wikipedia.org/wiki/SIG_Sauer_P226

03-26-2007, 06:57 PM	#4
rapmaster Confirmed User Join Date: Jan 2007 Posts: 1,576	I guess maybe I'll contact a cheap attorney (anyone know some good adult website ones?) The thing is, I don't really know much about having to file for a foreign LLC in CA. I'm just filling out my SS-4 (application for employee identification number) and I'm wondering if I should use my california address for everything or the registered agent's addess in Delaware. My launch date is May 3rd I have something cool planned __________________ http://en.wikipedia.org/wiki/SIG_Sauer_P226

03-26-2007, 07:29 PM	#7
avalanche Confirmed User Industry Role: Join Date: Feb 2005 Location: SoCal Posts: 1,922	Visit... http://www.corporate.com/ They do all the paperwork and function as your resident agent! Very good prices! __________________ Avalanche CherryPimps - Daily Pornstars, LIVE and more!

03-26-2007, 08:10 PM	#10
rapmaster Confirmed User Join Date: Jan 2007 Posts: 1,576	Well, for anyone's future reference, I found an official document from the California Secretary Of State which discusses the issue It looks like it's only a $70 fee to register... but then I have to pay the $800 a year like any california llc http://www.ss.ca.gov/business/llc/forms/llc-5.pdf Anyway, the reason I chose Delaware was because the identity of the members was confidential and not publicly disclosed - if I register as a foreign LLC in California is that no longer the case? time to get an accountant, you're right. __________________ http://en.wikipedia.org/wiki/SIG_Sauer_P226

03-26-2007, 08:21 PM	#11
rapmaster Confirmed User Join Date: Jan 2007 Posts: 1,576	What I still don't get though... Is that I'm going to be selling memberships to people in all 50 states. Does this mean I'm conducting interstate business and thus need to file as a foreign llc in all states? This sounds absurd as the cost would prohibit most small website owners from forming an llc __________________ http://en.wikipedia.org/wiki/SIG_Sauer_P226

03-26-2007, 08:39 PM	#12
GigoloJustin Confirmed User Join Date: Jan 2005 Location: Washington Posts: 2,244	www.adultlaw.com good adult advice

03-26-2007, 09:15 PM	#13
amateurcanada Confirmed User Industry Role: Join Date: Jul 2001 Posts: 3,766	www.corporate.com is best, will make sure your complaint - my friends use them __________________ be our partner - join nichepartners today will.assum.producer @ AmateurCanada.com / icq: 30146166 / facebook.com/will.assum / #amateurcanada

03-26-2007, 11:04 PM	#16
Evil E Confirmed User Join Date: Apr 2005 Location: Lazyness is a lifestyle Posts: 3,201	Here's some more infos about LLC in the states with relevant links. http://www.delawareintercorp.com/

03-26-2007, 11:12 PM	#17
Evil E Confirmed User Join Date: Apr 2005 Location: Lazyness is a lifestyle Posts: 3,201	http://www.startupjunkies.org/incorp.html

03-27-2007, 10:31 AM	#18
DWB Registered User Industry Role: Join Date: Jul 2003 Location: Encrypted. Access denied. Posts: 31,779	Out of the USA my man... out of the USA.

03-27-2007, 01:03 PM	#21
JMM Confirmed User Join Date: Apr 2001 Posts: 1,755	You don't have to register in every state, just one. Your Delaware LLC is fine, you can sell memberships to anyone in any state. The ONLY reason you would have to register as a foreign corp in California is if you have an office there, or actual employees in the state. These would be W-2 employees and NOT independent contractors. And BTW, the term foreign, as it applies here, does not mean "outside the U.S.", it means outside of California.

03-27-2007, 01:58 PM	#23
rapmaster Confirmed User Join Date: Jan 2007 Posts: 1,576	Thanks everyone, I'm actually contating an attorney today. The main reason we registered in Delaware is because some of the partners didn't want their identities disclosed in the articles or organization. __________________ http://en.wikipedia.org/wiki/SIG_Sauer_P226