A little help for a startup..

[annoyingtech]

Hi All! I'm new here, and to the world of small business. I've recently gotten the forms to start an LLP in my state with two people I work with. We have worked together for about 4 years doing the same type of work we are planning to do as a partnership so I'm not worried about them or our abilities or the market in the area we plan to work (Computer / Technology Consulting) . My question concerns the laws. My concern is that I'm not real clear on business laws in general. I just need a little advice on what I need to do next. (Before I consult a Lawyer or Accountant)

Basically, I have the LLP registration forms with the State, and the forms for a business license for my county. What I need to know is whether I need to also file form with each and every county I wish to business in as well as the city's, or if just the forms for the state and the county I primarily work in. I haven't gone to the Courthouse yet, I just need a little insight from people who know. Any help you can offer would be great.

Thanks.

[Paul Elliott]

What I need to know is whether I need to also file form with each and every county I wish to business in as well as the city's, or if just the forms for the state and the county I primarily work in.

That will depend on your state and any laws regarding the business you are entering. Probably a phone call to your county seat will give you the answers you need.

Paul

[cbscreative]

We have some very knowledgeable members who can answer more questions than I can on those kinds of details, but one I can answer right away. You only need to register/license your business with your own county. If you plan on making a physical presence elsewhere (like a retail store or office), that could change the rules, but you don't need to register everywhere you conduct business.

Edit: Looks like Paul slipped in a post before I submitted mine. Perhaps the rules might be different in some areas or he is aware of something I am not. I was thinking your business model should not require it if you are operating out of a single headquarters.

[annoyingtech]

Thanks so much! Were actually located in Alabama and only plan to work in one county (for now). I am going to our county courthouse tomorrow morning to get whatever Information I can. I just wanted to hear from people who have had to deal with the system before I go down there and get handed a bunch of indecipherable ribble rabble. Thanks again!

[vangogh]

I was thinking along the same lines as Steve. My first business was a partnership and if I remember correctly we filled out the paperwork and submitted it all to the courthouse in Denver. Not the same county that I'm in, but the closest one that handled the paperwork. I don't remember ever filing anywhere else.

[Business Attorney]

In Alabama, an LLP must file the original and two copies of its LLP registration in the Probate Judge's office in the county where the LLP's registered agent/office is located. Even if you expand into other counties, you would still only have one registered office.

Just out of curiosity, is there a reason you chose an LLP? In my experience, LLPs are mostly used by accounting firms and law firms for their own structures for reasons that relate to statutory liability for professional acts that don't apply to businesses in general. Perhaps they are used more often in Alabama than here in Illinois.

[cbscreative]

David, I figured you'd probably show up in this thread, thank you.

[vangogh]

David, now that you mentioned it I think we did file in triplicate. Mine was a general partnership, but I imagine the process is basically the same.

[Business Attorney]

David, now that you mentioned it I think we did file in triplicate. Mine was a general partnership, but I imagine the process is basically the same.

In most states, general partnerships file ONLY at the county level. Limited partnerships (LPs) and limited liability partnerships (LLPs) are creatures of state statute, like corporations and LLCs, and they file first at the state level and then at the county level (in most states, anyway). So the procedures are really not basically the same for general partnerships and LLPs. Also, LLPs, like other statutory entities, usually have annual (or biennial) filing requirements to maintain their legal existence, unlike general partnerships that are typically "one and done."

[Evan]

Ah, LLPs. And I thought they were a quickly dying breed, only to be replaced by LLCs.

[vangogh]

Thanks for the info David. It's been a few years since I filed (or my partner filed) the paperwork so I honestly can't remember exactly what we did. After your post I was pretty sure we did have to file in triplicate. I remember us having to make photocopies of everything, but maybe that was for our own records.

[Business Attorney]

Lots of recordings were in triplicate. Now, even at the county level, a lot of filing is electronic. Even where paper filings are still required, some offices scan the original on the spot and hand it right back to you. Triplicate? They don't even want to file and store ONE paper copy now.