LLC Registered agent and Boc-3

Discussion in 'Ask An Owner Operator' started by Rick Runyan, Dec 3, 2020.

  1. TallJoe

    TallJoe Road Train Member

    7,490
    16,266
    Apr 12, 2016
    Chicagoland
    0
    It is a good idea to separate the entities so personal stuff does not comingle with business or quasi- business. Maybe he will earn enough so that filing as S-Corp would save him on taxes. Maybe he will expand into an employer.
    In Illinois, for instance, there is a requirement for a sole proprietorship to put an add in a paper for a week or two. I found it easier to form Corporation.
     
    Rick Runyan Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Rick Runyan

    Rick Runyan Bobtail Member

    12
    5
    Nov 17, 2020
    0
    I may want to add some trucks after I am established. Having a business structure and plan set up from the start will make for a smoother transition for my business to grow.
     
    Hayfieldmn Thanks this.
  4. OldRed98

    OldRed98 Light Load Member

    297
    247
    Apr 18, 2017
    Colorado
    0
    Ridgeline... Shouldn't it protect your personal assets from your business liability (assuming you don't co-mingle). Unless somehow a lawyer figured out how to sue you directly. Anything in the business is subject to being taken if the business was sued.

    This is actually a topic I think about a lot. Especially with some of these mega lawsuits I've seen against trucking companies. What if you had an accident and they sued you directly and took everything you have?
     
  5. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    10,011
    41,495
    Jan 13, 2013
    SW Arkansas
    0
    If you are the driver of a truck involved in an accident, the lawyers will sue your LLC, you, personally, as the driver and anyone else they can possibly put some liability on.
     
  6. Rickp

    Rickp Heavy Load Member

    765
    1,070
    Apr 14, 2016
    Ward, AR
    0
    An LLC used to have some tax advantages over sole proprietors but my accountant said they went away with the last tax changes. Registered agent tegs vary by state so you should check it before just using your own address. For example, in WA the registered agent must be present at the address M-F 8 to 5 except holidays and 72 hr notice to the state is required for any day that will have a variation. For complete compliance they about force you to have a commercial agent. OOIDAs boc3 is free for members but they dont cover the reg agent for an LLC.
     
    Rick Runyan Thanks this.
  7. abyliks

    abyliks Road Train Member

    3,087
    6,908
    May 2, 2010
    ludlow MA
    0
    For the good old American way of life, for the money, for the glory, and for the fun....

    If you are driving a truck you own and get into an accident you are still getting sued whether truck is in llc or just your name
     
    Rick Runyan and Crude Truckin' Thank this.
  8. OldRed98

    OldRed98 Light Load Member

    297
    247
    Apr 18, 2017
    Colorado
    0
    So how do you protect yourself? I guess hide all of your personal assets (home in a trust) and appear broke so that the lawyers won't be able to find it.

    Thats whats frustrating about trucking. I do it because I enjoy it not because the money is great. BUT its really risky if you have any assets. There are so many laws you could break while operating or owning a truck.
     
    Rick Runyan Thanks this.
  9. Crude Truckin'

    Crude Truckin' Alien Spacecraft

    2,202
    5,710
    Oct 22, 2016
    North Dakota, Eh?
    0
    Incorporate I believe.
     
    Rick Runyan Thanks this.
  10. Rickp

    Rickp Heavy Load Member

    765
    1,070
    Apr 14, 2016
    Ward, AR
    0
    Still doesnt protect you if you are also the driver.
     
    OldRed98 Thanks this.
  11. Ridgeline

    Ridgeline Road Train Member

    20,734
    101,037
    Dec 18, 2011
    Michigan
    0
    You don’t, that’s the problem.

    I as an owner but not a driver still carry a liability by owning and operating the company. I have insurance for it that exceeds any possible judgement against me.

    One reason why I stress policies to address issues, contracts and so on to owners, limiting the liabilities that ambulance chasing scum lawyers look for if they look at the operation of the company to find crap they can screw you on.

    what is really frustrating is the ease to get into this business, this allows problems to effect all of us with high insurance rates, dot inspections and so on.
     
    OldRed98 and Rickp Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.