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Got my first call and could not work it.

This is the old Locksmith business info area and will be broken down to fill in the new sections below.

Re: Got my first call and could not work it.

Postby camelgd » 21 Sep 2011 9:22

Evan is pretty well right that with the direction you are heading, you will probably not stay in business too long. It is a hard thing to tell someone, but the truth is the truth. As mentioned by others, you probably are better at marketing than anything, that might be something to consider...
I see that you have one chance at this, and it depends on the availability of hiring an experienced, talented locksmith who does not want to run his own business. If you can find someone like that to do your outside work, and you run a walk-in shop as your part of the locksmithing, you might stand a chance of making a go of it. Even then the business would have to eventually expand to 2 outside people to work, for dispatching and leveling of work loads. This would allow you to work on the bench for a while, and get some experience that you apparently do not have. I stress again, this model will only work if you can find a top-notch locksmith employee who is willing to work for someone else.
I speak from direct experience on this, I had a period of time while my wife was finishing her doctorate when I couldn't have a shop of my own, so I hired on to a failing little shop in Denver. The owner simply did not have the skills to make it as an outside locksmith, but could work the bench for most of the work coming in. He had a good head for business, and together we took the shop from about -$1500 a month to about $5000 a month profit in a year and a half. He rapidly developed a good reputation in his area of town for getting the job done. I worked my backside off for him, and did the benchwork he couldn't do in between service calls. When it was time for me to move on,(I told him up front how long I would be available), I helped him hire another good locksmith to take my place.
Yes, it is a pride thing with me, but I know how hard I worked for him. If you can find that person who is motivated, you might make it. After some time has passed, and you have gained some experience, you can swap places with your employee for selected jobs to get some outside experience also.
But Evan and Squelchtone said something very important- if you want to prosper the photo business has to go. You have to be hot or cold, in or out, lukewarm just will not cut it. If you want to make it, you have to make a decision that you will do what is necessary to make a go of it. The ball is in your court.
camelgd
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Location: South Illinois

Re: Got my first call and could not work it.

Postby MrScruff » 21 Sep 2011 10:24

I don't want to come across as jumping on the bandwagon of why this is a bad idea but I've been following this thread from the beginning and see something that concerns me.

I grew up in a business and run a small side business of my own, the common theme to both is that there are always expenses but not always customers. $10-20,000 is not an unreasonable amount to spend starting a business up but you have to be committed because it is entirely possible that none of your equipment will pay for itself in two or even three years. Heck, if you're not expecting to run in the red for at least two years you might be a bit too much of an optimist. ;)

If running a business was so simple that you could see exactly what was needed all the time more people would do it and less would fail. If you lack the conviction to take a large risk for your business I strongly advise that you don't do it. You need to know in your heart, even when everything is falling down around your ears, that you can make this business work but you also need to know when to let go of an idea that won't work, even if you've sank time and money into it already. If you're running one business already I strongly advise you don't try to add a second one but if you want to anyway, try to make it something related.
"We all sit around in a circle and suppose, while the secret sits in the center and knows." --Robert Frost
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Re: Got my first call and could not work it.

Postby Hollywoodpick » 22 Sep 2011 2:24

Thanks for the comments everyone.

This is something i have all ready started and worked on for a few months now so i am going to keep on with it.

The idea of hiring someone sounds good i would love to do that but right now we do not get enough calls to support paying someone not yet at least.

Their is more involved in all this. The main thing is we got this house and now small building and want to move here 100% of the time and end up selling out place back on the coast.
But in this area we can not make the kind of money doing photography that we make on the coast so i looked into other things i would be intrusted in that i feel i could do good and learn to do and run myself and it turned out to be the Locksmith business.

But in this area from what i can see the amount of calls can be low making it not support a full time income here doing this so i will still need to go back to the coast and work for 3 to 4 months a year in to be able to make a living i can not just not have money coming in or we will louse everything. If i work 3 to 4 months on the coast we can live the rest of the year making only a small income then.
I would like to see the Locksmith business take off and hope it dose when we get in the phone book and other adds out but that will not be till next year to get in them.

What it comes down to is i have to make it work and i have no reason to ever just quit or close down i have very little over head right now so even with only a few calls a week it is making a profet all ready..
As long as i keep getting calls and making money why would i quit!! and if i can make it better to get even more calls over time i will make more income.

I am hoping with in two year that we can sell our other place and just be here making money from the Locksmith business and doing some Photography work and some website work.
If it is slow with not a lot of calls i have a lot of time to do some other things, As it is right now i can make more off of website design but that is hard to keep getting new jobs all the time they come and go but when they do come in it cam be a good pack check for that week working on it part time.
I run and own over 100 websites myself.

As for the LLC you go to the IRS website and get a tax id for you LLC in about 3 min of time and it runs as its own enity. The LLC pays you someone that runs the LLC what ever is setup for you to get and that can change all the time as the LLC can change its own rules as it sees fit. The LLC pays its own taxs and you only pay taxs on your income the LLC payed you.

(The tax number you got so you can collect sales taxes and buy supplies without paying taxes on them yourself for your stock/merchandise grants many state officials permission to show up unannounced during business hours and inspect your financial paperwork.)

I do not get a tax number the LLC dose so it is not mine and i do not buy products i buy them for the LLC as a person in charge that can buy things for LLC but i do not own anything the LLC ownes it all. The LLC will collect sales taxes and pay on them not me.

Becouse it is a LLC they can not show up and inspect my financial paperwork as it is not mine it is all owned my the LLC and they have to get a court order from a judge. And becouse the LLC is run out of Delaware they have to go to court in Delaware and win to get a judge to order turning over any paper work for anyone to see. But in Delaware it is super hard for that to even happen that is why more businesses in the US have a Delaware LLC or Corp then any other state in the US.
Google Delaware LLC and you will find tons of websites and info on it. After reading about it you will see that a Delaware LLC can protect your business your home your family and you money from anyone trying to take it from you.
A judge can not make you pay for something the LLC did or owes and no one can sue you for something the LLC it would be tossed out of court.

Not sure what else to say except i will keep on with this and do my best to make it work.

How many of you own all this equipment for making HS transponder keys and you can get the codes and so on? a lot has been sead about all this but no one yet has posted that they even own any of equipment to do it them self.

How many calls a day or a week are you getting for HS transponder key work?
How much do you charge to make a lost transponder key and remote and program the car?
What equipment are you using to do this and how are you getting the special dealer codes what service are you paying for this?
How much do you pay for your tokens and how many do you buy at one time?
How many HS keys and transponders do you keep in stock and for what cars?
What are you cutting your keys on?
What brand of lock reader are you using to get the key code?

All simple ?s for anyone who owns the equipment to do this.
Hollywoodpick
 
Posts: 81
Joined: 22 Jun 2011 3:14

Re: Got my first call and could not work it.

Postby MrScruff » 22 Sep 2011 7:40

Hollywoodpick wrote:All simple ?s for anyone who owns the equipment to do this.


They may be simple questions but it's one thing to ask for advice and another to ask someone in the same field to tell you how they run their business, especially in a public forum. Besides, what works in one area may not work in yours. If you want to go that route, it may be better to do some cold calls in the area or even get someone you know to do it on your behalf.

Here's a good tip on how much to charge though: high enough to maximize your profit but low enough that you can say it with a straight face.
"We all sit around in a circle and suppose, while the secret sits in the center and knows." --Robert Frost
MrScruff
 
Posts: 165
Joined: 15 Jul 2011 12:50
Location: Manitoba, Canada

Re: Got my first call and could not work it.

Postby camelgd » 22 Sep 2011 9:46

I like that approach to pricing. I always want the the customer to tell someone else that "He's expensive, but I wouldn't call anyone else".
Camelgd
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Re: Got my first call and could not work it.

Postby MrScruff » 22 Sep 2011 10:55

My field is highly specialized so people don't usually blink when I pull a high number out of the air but sometimes I have to explain that they're not just paying for my time, they're also paying for my training and oh-my-lord-do-people-actually-pay-this-much software. Keeping a straight face has earned me a lot of beer money. :D
"We all sit around in a circle and suppose, while the secret sits in the center and knows." --Robert Frost
MrScruff
 
Posts: 165
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Re: Got my first call and could not work it.

Postby Evan » 22 Sep 2011 15:05

Hollywoodpick wrote:As for the LLC you go to the IRS website and get a tax id for you LLC in about 3 min of time and it runs as its own enity. The LLC pays you someone that runs the LLC what ever is setup for you to get and that can change all the time as the LLC can change its own rules as it sees fit. The LLC pays its own taxs and you only pay taxs on your income the LLC payed you.

(The tax number you got so you can collect sales taxes and buy supplies without paying taxes on them yourself for your stock/merchandise grants many state officials permission to show up unannounced during business hours and inspect your financial paperwork.)

I do not get a tax number the LLC dose so it is not mine and i do not buy products i buy them for the LLC as a person in charge that can buy things for LLC but i do not own anything the LLC ownes it all. The LLC will collect sales taxes and pay on them not me.

Becouse it is a LLC they can not show up and inspect my financial paperwork as it is not mine it is all owned my the LLC and they have to get a court order from a judge. And becouse the LLC is run out of Delaware they have to go to court in Delaware and win to get a judge to order turning over any paper work for anyone to see. But in Delaware it is super hard for that to even happen that is why more businesses in the US have a Delaware LLC or Corp then any other state in the US.
Google Delaware LLC and you will find tons of websites and info on it. After reading about it you will see that a Delaware LLC can protect your business your home your family and you money from anyone trying to take it from you.
A judge can not make you pay for something the LLC did or owes and no one can sue you for something the LLC it would be tossed out of court.

Not sure what else to say except i will keep on with this and do my best to make it work.


Sounds like a lot of fraud to me... You are a "foreign profit corporation" which is incorporated in one state but operating in another... You still have to register with the secretary of state's office business/corporation division in whatever state(s) you are doing business in even if you formed your company/LLC/partnership/whatever in another state...

Obtaining an EIN from the IRS does nothing more than establish a unique identifier code for the IRS and yourself and other businesses to be able to properly identify your business entity on tax forms which are submitted for various purposes... An EIN from the IRS does not authorize you to operate as a business nor collect any state sales taxes -- you need to obtain such a tax license from your state department of revenue...

By conducting and transacting business in any state that allows those state authorities to come in and inspect your business paperwork... By claiming it isn't yours and you aren't incorporated/registered in the state you are operating in, you are heading for a world of hurt when they find you... You will be padlocked shut the second the state taxation department gets wind you are collecting sales taxes without having the proper tax permits in hand and properly displayed -- either at your "office" or in your vehicle as you are transacting business...

Trying to say that you can hide behind an LLC and therefore since it isn't "your" business, it is all the LLC's business and it can't have its paperwork inspected or audited by the state authorities without them going to Delaware to obtain a warrant is bogus... You transact business on behalf of the LLC as its authorized agent (otherwise nothing would ever happen) and you undertake that business as an LLC that only exists on paper can't do anything but be printed on the paper... As the person transacting business on behalf of a company you become the custodian of its records and have to make those records available for inspection and audit during business hours whenever you are requested to do so by the state taxation authorities as well as several other authorized agencies, by applying for and being granted a tax license and registering your business with the state corporations division you have agreed that and operate your business under those terms... Delaware is only where your corporation/LLC was organized, it doesn't provide a shelter to you from state/county/local business regulations wherever you are actually doing business...

You seem to have a muddled understanding of what an LLC is and what it means... What an LLC offers is a separation between your own assets and the business assets... This protection is only useful when it comes to debts and liabilities... If you operated a business in your own name and then were involved in any type of lawsuit and lost, your business could be liquidated to settle the judgment against you and if it wasn't enough in a sole proprietorship/DBA type business your personal assets (house, car, other chattels, etc) can also be liquidated to cover the damages awarded... An LLC isolates your personal assets from being liquidated to settle such debts... It never however totally protects you as you personally are often sued in addition to the LLC for your actions as it's authorized agent and depending on the facts of the case involved in the lawsuit you can personally be found liable for some of the damages for your actions as the authorized agent of the LLC and have to pay out of your own resources (not the LLC's) to cover any judgment entered solely against you personally...

It seems as if you are not quite 100% up on how things work legally... The LLC protects you against automatic forfeiture and liquidation of your personal assets but doesn't protect you against your actions taken while operating under the guise of the LLC, you can still be held personally responsible for your actions even though you are transacting business under the umbrella of the LLC it all comes down to the facts of the situation being litigated...

Just be warned that if you take the position you have described above with anyone employed by the state who does audits and make them compel production of documentation with a subpoena or warrant you will find yourself with your right to operate a business suspended and your accounts being frozen during a lengthy investigation -- both you and your LLC... Because your signatures are on all the paperwork...

It sounds to me that you need to have some consultation with an experienced corporations attorney in your home state so you can be sure you have fulfilled all of your responsibilities under the law in your state which the people in Delaware taking your money to establish your "shell" corporation assume you know about and have taken care of which are beyond their responsibility and duty of care to advise you on as the services you have hired them for were to create an LLC on paper for you...

~~ Evan
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Location: Rhode Island

Re: Got my first call and could not work it.

Postby Hollywoodpick » 22 Sep 2011 17:00

(By conducting and transacting business in any state that allows those state authorities to come in and inspect your business paperwork... By claiming it isn't yours and you aren't incorporated/registered in the state you are operating in, you are heading for a world of hurt when they find you... You will be padlocked shut the second the state taxation department gets wind you are collecting sales taxes without having the proper tax permits in hand and properly displayed -- either at your "office" or in your vehicle as you are transacting business...)

Almost every large business in the US is run by the LLC or Corp. The LLC gets the local state ID and pays the local state tax not me i just work for the LLC. This is how it is done for every LLC and corp. I will not get locked out as the LLC has the tax permits and pays the state tax not me.
No fraud going on just a normal out of state LLC DBA as in another state 100% leagel and each state has the paperwork for you to fill out to set it up to work and run a business in that state. How do you think any business that has many if not hunderds of locations in many states dose this they have a LLC or corp and just do a DBA for the LLC or Corp in each state like bobs pet store LLC would be in any state bobs pet store LLC doing business as Bobs pet store and bobs pet store for each state will have its own tax info set up with the state it is working in.
Or bob could have the LLC called Bobs cool business LLC and in each state be Bobs cool business LLC doing business as Bobs pet store in each state and town.
Bob dose not own the LLC many people do but BOB runs it and as he sees fit and the LLC pays the state tax for each location for each state it is working in not Bob.
Bob may sign the checks for paying it but bob can not be sued for something the LLC dose and none of Bobs money can not be toutched if the LLC is sued for anything as bob was paid by the LLC and that money is his but he still has to pay tax on that as his own income but if most of the money is left in the LLC the LLC gets a much better tax break then what bob dose.

So the LLC can pay for bobs car that is owned by the LLC and pay for work space in bobs home that the LLC rents from him to store things and supplys that could be the same amount as bob house payments or more so the LLC pays that making bob have a much better and lower tax payout each year as the money stays in the LLC that gets a much better tax break each year.
This can save you thousands of $$ each year in taxs this is how the big boys do it and pay small tax amounts on super large businesses.

For services like a lock out only with no sale of any products we do not have to collect a state tax as it is called a service here and is not taxed in this state,

Here is chart i have come up with for what tools and equipment i feel would be a good starting point for me
http://www.pbase.com/digitaled/image/13 ... iginal.jpg

Here is the post i made for this.
viewtopic.php?f=23&t=52584
Hollywoodpick
 
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Re: Got my first call and could not work it.

Postby Hollywoodpick » 22 Sep 2011 17:18

(Delaware is only where your corporation/LLC was organized, it doesn't provide a shelter to you from state/county/local business regulations wherever you are actually doing business...)

Yes it dose as long as the LLC files and gets the state paper work it is not in my name it is in the name of the LLC.
The LLC dose not have my name on it so the state done not even know how i am except that i work for the LLC so any thing the stat wants will have to be requested by the state to the LLC.
I can not turn over paperwork that is not mine it is owned by the LLC so i have no right to turn it over to anyone that walks in it must be requested from the LLC.

Do you think a state can walk in a Burger King and see all the paper work no way they have to get a court order and request the paperwork from the corp office no one that works at the Burger King has the right to turn over any paperwork as they do no own the business.

You do still have to work under the state/county/local business regulations wherever you are but they can not just rush in and do much at all with out a court order and then that can be over turned by a court in Delaware it it geta to that point.
But we do not ever expect anyone to try and do anything as the LLC will be paying all the state tax as it should i just get paid to work for the LLC.
Hollywoodpick
 
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Re: Got my first call and could not work it.

Postby Evan » 22 Sep 2011 18:43

Hollywoodpick wrote:(Delaware is only where your corporation/LLC was organized, it doesn't provide a shelter to you from state/county/local business regulations wherever you are actually doing business...)

Yes it dose as long as the LLC files and gets the state paper work it is not in my name it is in the name of the LLC.
The LLC dose not have my name on it so the state done not even know how i am except that i work for the LLC so any thing the stat wants will have to be requested by the state to the LLC.
I can not turn over paperwork that is not mine it is owned by the LLC so i have no right to turn it over to anyone that walks in it must be requested from the LLC.

Do you think a state can walk in a Burger King and see all the paper work no way they have to get a court order and request the paperwork from the corp office no one that works at the Burger King has the right to turn over any paperwork as they do no own the business.

You do still have to work under the state/county/local business regulations wherever you are but they can not just rush in and do much at all with out a court order and then that can be over turned by a court in Delaware it it geta to that point.
But we do not ever expect anyone to try and do anything as the LLC will be paying all the state tax as it should i just get paid to work for the LLC.


You are headed for major major trouble...

Who files for the licenses on behalf of the LLC ? It can not do anything as it's only corporeal form is existing as words printed on a piece of paper... Who is the person signing all of the paperwork ? If that individual is NOT you, then you can be "removed" by the person who has that power, because it is their business not yours, even if you are fronting all of the money...

So your present status is that you are (or is it aren't) an authorized agent of an LLC but NOT the person in legal registered control of it (officer or other director) and you think that it will cover for you for anything you do as an employee ?

I find that it will be all but impossible for you to operate under an LLC unless you are authorized to make legal decisions and sign official paperwork for the business which makes you accountable under the law for seeing that it is in compliance with all regulations often under criminal sanctions for violations...

I.E. You need to be able to sign government permit applications, renew licenses and insurance, initiate civil or criminal complaints on behalf of the LLC, establish credit accounts with suppliers, etc... All of which are things you can not do unless you are personally named on corporation paperwork which makes you either a registered agent or officer/other director... An employee who signs for deliveries and is authorized to issue/sign invoices to customers for jobs isn't typically authorized to open bank accounts or establish revolving credit accounts with suppliers for the business... So either you are in control of it, or someone else is -- with small businesses there is no in between...

As far as not turning over something that "isn't yours" when you are requested to allow for its inspection by an authorized agent of the government, that is obstruction of a public employee and usually carries a 6 to 12 month jail sentence as a common law offense... You as the employee of the business are its "custodian of records" as you create the documentation during the routine course of business which accounts for everything that is bought and sold by the LLC... It definitely sounds like you either got really really bad advice with the formation of your LLC, as the LLC can not conduct any business without the actions of an authorized agent (which in this case is you) and that entities who conduct business must keep certain records available for inspection by authorized officials whether the business in question is a locksmith like yourself, a grandmother baking cookies, Burger King, Walmart, Sears or any other Corporation/LLC... Merely being incorporated as an LLC does not make you immune to government oversight... Also, get over the indea that someone in Florida or South Carolina needs to make an application to a Delaware court to inspect business records pertaining to activities related to the business that are taking place in Florida or South Carolina -- the only records which would be protected are the ones related to the formation and organization of the LLC which you would have had to voluntarily submit with the application to register your foreign corporation with the state's corporations division... A Delaware court has no jurisdictional nexus to either block nor grant a subpoena or warrant seeking business records for activities taking place outside of Delaware... You are flat out wrong if you think that is what is required, there really isn't a nicer way to say that...

Good luck with your adventure...

P.S. The state tax people come and do random audits all the time at branch stores of major retailers and fast food places all the time... Especially in businesses that do a lot of cash business selling services which are not easily accounted for... So I wouldn't be giving customers receipts or invoices for "pocket money jobs" as that would be tax fraud...

~~ Evan
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Location: Rhode Island

Re: Got my first call and could not work it.

Postby Evan » 22 Sep 2011 19:08

Hollywoodpick wrote:Almost every large business in the US is run by the LLC or Corp. The LLC gets the local state ID and pays the local state tax not me i just work for the LLC. This is how it is done for every LLC and corp. I will not get locked out as the LLC has the tax permits and pays the state tax not me.
No fraud going on just a normal out of state LLC DBA as in another state 100% leagel and each state has the paperwork for you to fill out to set it up to work and run a business in that state. How do you think any business that has many if not hunderds of locations in many states dose this they have a LLC or corp and just do a DBA for the LLC or Corp in each state like bobs pet store LLC would be in any state bobs pet store LLC doing business as Bobs pet store and bobs pet store for each state will have its own tax info set up with the state it is working in.
Or bob could have the LLC called Bobs cool business LLC and in each state be Bobs cool business LLC doing business as Bobs pet store in each state and town.
Bob dose not own the LLC many people do but BOB runs it and as he sees fit and the LLC pays the state tax for each location for each state it is working in not Bob.
Bob may sign the checks for paying it but bob can not be sued for something the LLC dose and none of Bobs money can not be toutched if the LLC is sued for anything as bob was paid by the LLC and that money is his but he still has to pay tax on that as his own income but if most of the money is left in the LLC the LLC gets a much better tax break then what bob dose.

So the LLC can pay for bobs car that is owned by the LLC and pay for work space in bobs home that the LLC rents from him to store things and supplys that could be the same amount as bob house payments or more so the LLC pays that making bob have a much better and lower tax payout each year as the money stays in the LLC that gets a much better tax break each year.
This can save you thousands of $$ each year in taxs this is how the big boys do it and pay small tax amounts on super large businesses.


Umm... lets start at the bottom and work up from there...

A Corporation can not rent space in a residential property and use it as an office space, storage space or for any other purpose, as that is commercial activity that is not permitted in property which is zoned for residential use... It is not a "home business" when you are incorporated in another state and typically the only exemption in zoning is allowable for small for home based business offices (i.e. a sole proprietorship or DBA)... You can't rent out a room in your house to a business to have office or storage space as that is using your home for purposes which are not allowed for under your local zoning regulations...

A Corporation may own a vehicle and designate that it be used by an employee... However, the vehicle must be registered and titled to the corporate address and must only be used for business activities unless payroll taxes are being paid for as additional compensation to the employee for the use of the vehicle... The use of the vehicle must also be deducted for proper payroll taxes for the value added to his/her salary for that benefit as it is a good or service provided to the employee which is used to commute to/from work and isn't a corporate owned vehicle which is only kept at the corporate location and ONLY used for business activities... Your commute to work is your own responsibility as far as the IRS is concerned and any errands you run on your way to or from work is considered personal use of the corporate asset...

Bob's money can and will be touched, as Bob in both his personal capacity as a private citizen who is an employee of the LLC and his professional capacity as an authorized agent of the LLC in addition to the LLC itself are all named in the lawsuit... It all boils down to which defendants are left standing after the motions are heard and the trial proceeds... In civil cases the jury decides which defendants are liable and how much each defendant will end up paying... Often times it is broken down by percentage... If Bob was a douche or did something with deliberate intent on behalf of the LLC, Bob would pay the bigger share of the damages, not the LLC...

You as the employee are signing your name on paper quite often for the LLC... Unless you aren't the one who has the legal authority to do this... That means that whomever is the signatory is the one who is responsible for ensuring the LLC is in compliance with all regulations... You have quite a few serious misconceptions as to how that all works and seem to think that you are somehow magically protected by that status when in fact it may end up biting you in the rear end because you assume that it will just block you from all harm... It won't and it doesn't...

~~ Evan
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Location: Rhode Island

Re: Got my first call and could not work it.

Postby Hollywoodpick » 23 Sep 2011 5:30

I AM SURE YOU ARE RIGHT ON SOME OF THIS BUT NOT ALL OF IT.

First off i do not plan on doing anything wronk and all my taxes will be pat as they would so i should never have any problems and never have had any in the past.

Delaware dose offer a lot of protection for you that other states do not offer.

An established body of laws protect the corporations of Delaware, helping business owners focus on their companies rather than on court proceedings .
The Delaware Court of Chancery is the oldest business court in the country and uses judges instead of juries
No state income tax for Delaware corporations that operate out of state
No business license required for Delaware corporations not operating in Delaware
No inheritance tax on stock held by non-residents of Delaware
No state sales tax on intangible personal property
Shares of stock owned by non-resident aliens are not subject to Delaware taxes

Delaware laws shield the identities and personal information of business owners

The State of Delaware does not require the names and addresses of LLC members and managers to be made public

Legal proceedings or law enforcement actions are the only two circumstances under which this information must be revealed and this must be filed and ordered in the state of Delaware.

Delaware law was revised in 2005 to provide that a charging order is the exclusive remedy to the creditor. At most, the creditor can obtain only a charging order against distributions made to the debtor. Creditors’ ownership rights in LLC membership interests are generally non-voting and do not entitle the creditor to foreclose on the assets held by the LLC. The creditor cannot force distributions of profits in the LLC.

Delaware law deems a holder of the charging order to have consented to the terms of the operating agreement. By doing so, Delaware has presumed the charging order holder to be a de-jure non-voting member of the LLC. This also provides protection in other jurisdictions in which courts look only to Delaware law with respect to the internal affairs of the LLC governance. Once the charging order holder is deemed to be a member, he is also part of the internal affairs of the LLC. When LLC creditors obtain a charging order, “they no longer want the cheese; they just want out of the trap.”

Going to bed its in the am i have been working all night.
Hollywoodpick
 
Posts: 81
Joined: 22 Jun 2011 3:14

Re: Got my first call and could not work it.

Postby Evan » 23 Sep 2011 14:53

Hollywoodpick wrote:I AM SURE YOU ARE RIGHT ON SOME OF THIS BUT NOT ALL OF IT.

First off i do not plan on doing anything wronk and all my taxes will be pat as they would so i should never have any problems and never have had any in the past.

Delaware dose offer a lot of protection for you that other states do not offer.

An established body of laws protect the corporations of Delaware, helping business owners focus on their companies rather than on court proceedings .
The Delaware Court of Chancery is the oldest business court in the country and uses judges instead of juries
No state income tax for Delaware corporations that operate out of state
No business license required for Delaware corporations not operating in Delaware
No inheritance tax on stock held by non-residents of Delaware
No state sales tax on intangible personal property
Shares of stock owned by non-resident aliens are not subject to Delaware taxes

Delaware laws shield the identities and personal information of business owners

The State of Delaware does not require the names and addresses of LLC members and managers to be made public

Legal proceedings or law enforcement actions are the only two circumstances under which this information must be revealed and this must be filed and ordered in the state of Delaware.

Delaware law was revised in 2005 to provide that a charging order is the exclusive remedy to the creditor. At most, the creditor can obtain only a charging order against distributions made to the debtor. Creditors’ ownership rights in LLC membership interests are generally non-voting and do not entitle the creditor to foreclose on the assets held by the LLC. The creditor cannot force distributions of profits in the LLC.

Delaware law deems a holder of the charging order to have consented to the terms of the operating agreement. By doing so, Delaware has presumed the charging order holder to be a de-jure non-voting member of the LLC. This also provides protection in other jurisdictions in which courts look only to Delaware law with respect to the internal affairs of the LLC governance. Once the charging order holder is deemed to be a member, he is also part of the internal affairs of the LLC. When LLC creditors obtain a charging order, “they no longer want the cheese; they just want out of the trap.”

Going to bed its in the am i have been working all night.


@Hollywoodpick:

If you are not operating solely in Delaware, then Delaware laws DO NOT APPLY to any business activities being conducted outside of the state of Delaware... Period... You need to learn your local state laws as well as those of any states you are procuring items from as nothing Delaware has to say will apply to those transactions...

You had to disclose your name or someone else's as registered agent when you licensed your business in whatever state you are in (clearly it is not Delaware) so your identity is not confidential -- your need to have that "protection" raises all sorts of questions and issues in an industry based on personal reputation and integrity and sounds a lot more like the kind of tricks that the scammer locksmiths would be up to with all the smoke and mirrors man...

You really need to move to Delaware if you want any of what you wrote about above to apply to you or the way you operate your business... Those "protections" are meaningless outside of Delaware... Someone had to sign on some paperwork with the state, Delaware offers these so called "protections" because it can collect free money for stamping some paperwork to renew your corporation and for your filings of annual reports that effect no one in the state of Delaware...

A creditor isn't going to sue you in Delaware for a debt you incurred elsewhere... A jurisdictional nexus needs to be present to establish authority for a court to hear a case... You would either be sued in the state where the vendor/supplier is located or the state in which you are operating your business out of, Delaware would be totally uninvolved unless the vendor files an administrative complaint against you with the corporations division there to try and get that complaint on your record... Unless the specific location for resolution of any legal disputes is contractually agreed upon (read all the terms of a revolving account application very carefully) such disputes are typically dealt with local to the customer... You are trying to say that merely because you incorporated in Delaware that no other state has any authority or jurisdiction over you or your business, that is again wrong unless you confine all of your business operations to within the state of Delaware... You establish jurisdictional nexus in every state you purchase products from suppliers or distributors in as you are sending them payment and therefore conducting a business transaction across state lines... This can become quite a complicated issue and why you should have an attorney you trust on retainer to handle any sort of disputes that might arise but none of them will have to be funneled through the courts in Delaware... Every state has different requirements, you can not hide behind Delaware's laws thinking that you are immune from any requirements in your own state...

This is one of the most serious reasons why I think your business will ultimately fail, you are trying to throw "corporate weight" around when you are barely made up of the stuff that "Doing Business As" is made of...

I wish you all the luck but you clearly lack all of the necessary skills, equipment and general business knowledge/experience required to have much of a chance to succeed...

~~ Evan
Evan
 
Posts: 1489
Joined: 5 Apr 2010 17:09
Location: Rhode Island

Re: Got my first call and could not work it.

Postby Hollywoodpick » 23 Sep 2011 22:46

Thanks for the post back

(I wish you all the luck but you clearly lack all of the necessary skills, equipment and general business knowledge/experience required to have much of a chance to succeed...)

I am working on this and learning that is why i am in here and a few other chat sites like this. I have changed my list of equipment to buy around so many times my head is spinning but i am getting it done.
I am working on looking up and finding info on what readers i can use that i will be able to cut keys for that are not transponder keys so i know what cars and keys i will be able to make keys for before i go out on the call so i know i can read the lock and make the key.

Also looking at what depth keys i will need for all the same cars so i can make the keys for each one. I do want to buy any readers or depth keys that i can not use right now as i need to $$ to go for other items.
And working out all the cost and places i will be buying from.

When i first started in photography i started with one Nikon camera body and only one lens and one on camera flash and had very little experance. That was around 12 to 13 years ago. I started a website back then and with no other advertising i started booking jobs with in the first month as no other photographers in that area even had a website yet and people started using the web to look for services.

With in six months i quit my other job and went full time and invested in more cameras and lens and a lot of flash equipment. We then moved to the Fl AL coast area and started over but i started right away with a website and was the first person on the coast in that area to have a website 100% for family beach portraits. it wass not summer yet so it was slow but then summer hit and the phone was ringing off the hook - we started shooting 7 days a week all summer and it was quite amazing how much work we did.
More then we ever expected i had my wife quit her job to work with me she still dose.

I guess it comes down to i believe in myself and i will make it work just like i have made other things work in the past.

I also started a video production company back in the 80s and with in 4 months i was producing a local Tv show that ran for 2 1/2 years. I started with almost no equipment and had to learn everything and ordered new cameras and editing gear as i went on. With in 2 years i was producing 3 TV shoes one was broadcast in 4 states all working out of my house. When i sold it all off i had 4 3 chip cameras two Non linior editing systems two other designs stations and tons of extras. I sold one of the tv shows for 50k it was a spam entertainment TV show.

I never worked for other people i have started and run every business i ever did. Even when i was a kid i started cutting grass and payed the kid down the block to do most of the work and i just booked more jobs. Then i branched offering to wash cars as well. As a 15 old kid i was making more then some adults in the area.

I am shooting a MMA fight Sat night in exchange for free advertising they put my on their website that i run for them and i get my logo shows on all the flyers, posters and on the big screens the night of the show and one of the fights i named for me as being the sponcer for that match . I shoot all their fights when i do not have other things going on the days of the fights.

I do plan on this working. We have a lot of bike shows here to a few times a year so i want to get into bike keys to soon before the next event.
Hollywoodpick
 
Posts: 81
Joined: 22 Jun 2011 3:14

Re: Got my first call and could not work it.

Postby cdub » 24 Sep 2011 18:44

@hollywoodpick

Not sure why I'm jumping into all this, other than maybe because I have a bachelor's degree in business administration. Its clear from your posts in this thread you do not fully understand the concepts of corporations and limited liability companies, especially in regard to the legal protections they provide when it comes to both financial and capital assets.

All I'm going to add is that you really, really need to consult, at minimum, a good CPA to help you out with the nuances of the tax and financial stuff. If you don't, it sounds like you could be digging yourself into a place you don't want to be.

Not trying to discourage you, just saying it sounds like you need some professional assistance and more education on business matters.

Good luck,

cdub
cdub
 
Posts: 11
Joined: 31 Aug 2011 19:24

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