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Sole-owner to partnership?

 
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justinboyd101

posts: 22

Feb 05, 2009 10:19 PM ET    Quote  Report Abuse
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I am about to send in the paperwork to form an LLC. How easy is it to go from sole proprietor to a partnership? Do I need to be a partnership anyways if I`m going to have investors?
LSnyder

posts: 29

Feb 06, 2009 10:58 AM ET    Quote  Report Abuse
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Here is the number of an attorney in New Jersey.  He offers 1/2 hour free consultations and can answer some of your questions:

Daniel A. Pepper, Esq.
908.698.0330

here is his website:  www.informationlaw.com

Good Luck

Lisa


MattThomas

posts: 203

Feb 06, 2009 5:24 PM ET    Quote  Report Abuse
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I`m a bit confused by your question. Do you mean how hard is it to bring in a second owner once you are an LLC? Or are you considering entering into a partnership instead of forming an LLC?


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justinboyd101

posts: 22

Feb 06, 2009 9:22 PM ET    Quote  Report Abuse
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Here`s the story haha. I wanted to do this with a friend and have him be my business partner. He has really been slacking in research and development for our business. So I`m wondering if I could just be a sole proprietor and when he finally gets more ambition to be a part of this venture I could bring him on as partner.

The other thing too is that I`m going to have investors and I don`t necessarily know if having investors makes the LLC a partnership anyways.

WebJunky

posts: 549

Feb 08, 2009 3:50 PM ET    Quote  Report Abuse
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why not just start as an LLC (protect yourself from business liability issues) and then distribute shares / percentage ownership when you bring a partner in? also an LLC with only 2 partners is considered a partnership in essence from my limited knowledge.



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justinboyd101

posts: 22

Feb 17, 2009 12:04 PM ET    Quote  Report Abuse
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If I did that, would he have to buy those shares to become a partner?
mfackrell

posts: 227

Feb 17, 2009 12:18 PM ET    Quote  Report Abuse
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is your intent that he own a portion of the busines?
 
If so then yes he would have to either be transphered shares, or if you have not yet established new entity, you can establish in the original filing that he own 10% (or whatever the number is) of the company.
WebJunky

posts: 549

Feb 17, 2009 6:39 PM ET    Quote  Report Abuse
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if not too much hassle some people completely dissolve and then re establish a new LLC and document the ownership structure accordingly.  you can maintain good records to demonstrate the why, when, who, what...

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greenoak

posts: 3

Feb 18, 2009 5:48 PM ET    Quote  Report Abuse
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there are so many negatives to a partnership i would  go for   staying out  of one  if possible....we have  been in 2  , both ending   with  us  still speaking  which is  rare..
.. there  are  so many issues, revolving   around, time, money, whos  boss  of what area,   getting  out,  how to value if one wants out,  honesty,  work ethic.. etc etc.... its  really hard...
 
be sure and make a  great  exit  agreement  that  you  both accept  while  you are on  good terms... 
 
mfackrell

posts: 227

Feb 21, 2009 10:13 AM ET    Quote  Report Abuse
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I agree.
 
Partnerships in general are not a good idea. Limited protection from liabilty. Go with the LLC or corporation.
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