Hello everyone, just discovered the forum was hoping to get some help. A year ago, my father and I decided to get our own broker authority and filed the business at the local office as a sole proprietorship (to keep things simple, or so I thought). To make a long story short, he now wants out. I myself have never drove a truck before nor do I have a license. Our truck was purchased under his name along with with the authority and everything else (insurance, banks accounts, permits, etc.). The truck was also driven as a team and my father along with our employee will continue driving the truck. Now this is where I need help... As I plan to continue the business, should I come up with a contract stating my father as the "lessor" when it comes the all the documents and business assets under his name, or form an LLC/Corp before proceeding. If there is an easier way to go about it, please let me know.
Thanks in advance
Help: Leasing an authority and LLC/Corp.
Discussion in 'Ask An Owner Operator' started by 3KINGS, Jan 9, 2010.
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If the truck is in his name, the authority is in his name, the business is in his name???
He wants out but to still drive the truck? Sounds like he just wants you out. -
At stated in my original post, I myself do not have a license. Without a license I was unable to purchase the truck and register it under my name, which is the reason it was purchased under his. Since the truck was under his name, it only made sense at the time to have everything else under his name as well. I handle most of the cash flow, but the checks and bank account are still in his name. When the business was started, the intention was for him to work under it as a regular employee making me the sole owner. He doesn't exactly want out, he just doesn't want any accounts/checks/profit under his name and only wants to be recognized as an employee, not an owner. I am trying to figure out how to go about doing this with everything (authority, truck, etc.) in his name.
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fyi - Actually you can own a truck, and register it, without a CDL. You're just not allowed to drive it.
Okay - here's my suggestion, you need to contact a few companies that file authority and corporations as a service. If you google search "carrier authority", there will probably be quite a few that come up.
Overall, the changes can be made, however you will need to know which ones, and in what order. Reason I say that is that it sounds like you want to continue to run the truck during this process, and that will require professional help. The Financial Integrity Group at tfig.org is who I use, and they've never charged me for good advice.
Wish you the best and good luck. -
You need to purchase the business from your father and transfer ownership to you or a business entity that you own. The truck could stay in his name and lease onto the company. Unless you have accounts that would not be willing to move, likely easier to just start over with a new company and have him lease on.
From your description you really have no interest in the company other than time and money invested. Authority, truck, insurance and accounts are in your fathers name equals he owns the company. -
I do have a better idea now of how to proceed, so thanks. -
Pawnd was using a legal term - as in "vested interest" in the company. Not the psychological term of interest, as in "ooooh, that's shiny". LOL Good luck to you, and I hope the info helped.
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Why not just convert the business into an LLC or an LLP? Your bank accounts, truck title, etc will be in the companies name using your EIN. You can be the "majority" member and your father can be the "minority" member and the both of you can be paid employees drawing a salary.
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