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LLC / Married Couple

 
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TheFresh

posts: 2

Mar 11, 2008 1:28 PM ET    Quote  Report Abuse
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Hi Everyone,
 
I`m new to this site/forum and was hoping to get an answer to a hopefully simple question.
I`m starting up a new LLC and one of the few remaining questions I have involves the following;
 
The reason I`m setting my business up as an LLC vs. a partnership is due to the fact I`d like to limit my personal liability.
To give my wife a sense of involvement however I`d like to give her 50% ownership of the company, the other 50% would obviously be mine.
My wife is currently employed full-time but hopefully in the future she can work part-time for our company. For the next few years though she will be a "silent partner/owner".
Since we`re married we can file the LLC`s tax as a single entity from what I understood.
I was just wondering if there are any downsides or objections to this kind of approach in setting up my business. Is it ok to appoint my wife 50% ownership and a title of say vice president even though she will have 0% activity in the company for the time being?
Is there another way to have my wife`s name on the LLC without her requiring to work for the company?
 
I hope someone with experience or expertise in this area can assist me.
 
Thanks!
 
 
- James
EngineersCanSell

posts: 163

Mar 12, 2008 7:02 AM ET    Quote  Report Abuse
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Hi James,

I`m not going to touch on the accounting portion of your question other than to recommend talking to a start-up accountant.  But I will give my opinion on your general strategy.  I`m opposed to it if you think you will ever be raising outside funds. 

No investor wants to deal with complications of someone owning that much equity and not having anything to do with the company.  Your married, so she`s involved by default.  

Picture it from an investor`s point of view.  His reply might be something like: "Marriages fail 60% of the time.  I`m sure your`s is rock solid, but that`s what everyone tells us and we`re not prepared to be burned by an irate spouse that owns 50% of this business.  Buy back your half and come back to talk to us, until then we`re not interested."

That`s hard to hear, but I`d bet my savings that you would hear it.

TheFresh

posts: 2

Mar 12, 2008 8:06 AM ET    Quote  Report Abuse
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That is a helpful reply, thanks Eric, I appreciate it.
 
I won`t be looking for any outside investments at any point, if at one point someone is interested in purchasing the company I can either sell all assets or just transfer everything over to my 100% ownership.
 
I`ll await more replies regarding taxation / accounting.
infinique1

posts: 178

Jul 22, 2010 10:04 AM ET    Quote  Report Abuse
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I think it is not a wise decision to have partners involve in the company when they cannot commit to it full time. Moreover, relationships can sour at any moment and I don't think you wish to put yourself in the risk of destroying the business in the event both partners cannot see eye to eye in business decisions or personally.



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