DBA/Fictitious Name Form & LLCs
Does anyone know if:
1) Is it legal to put a CMRA down as a â€śprincipal place of businessâ€ť even though no records are kept there? I called the PA Dept. of State and all they said was â€śit canâ€™t be a PO Boxâ€ť but the gentleman on the phone said he didnâ€™t see why a CMRA would be a problem as long as there was a street address. I researched the PA statute and it does use the term â€śprincipal place of businessâ€ť which in other places of the PA code talks about records being held there. So this may be something that is technically true, but the state looks the other way regarding. How about using a storage unit facility as the principal place of business? The problem is that most of them donâ€™t allow mail delivery. I called a â€śvirtual officeâ€ť provider (REGUS) but they donâ€™t offer â€ślockersâ€ť where you can store anything.
2) There are a lot of fictitious name filings I found on the Pennsylvania web site that are â€śownedâ€ť by LLCs WITHOUT any individuals listed. Even the public notice ads donâ€™t always list the INDIVIDUALS, only the LLC! Again, this seems to defy the actual form which requires â€śindividuals interested in the businessâ€ť to be listed as well as entities, but the Dept. of State seems to file them anyway. Is there a big risk just putting the entity name down on the form and not the individualâ€™s name?
Where can I get a straight answer to these questions? The last attorney I went to charged me $150 for an initial consultation and wants another $1000 to form a â€ślegal opinionâ€ť regarding it!
JJ Luna Responds:
As far as I know, ALL states requires records to be kept at the "principal place of business" including the operating agreement, tax returns etc. My plan is to rent an office in the Canary Islands where such records could be kept in a locked filing cabinet.
Mail could also be received there, if necessary, perhaps even telephone calls.With the principal office overseas, no one could serve a subpoena there, demanding to see the records. Further, I'd use some village on Lanzarote island because Google Street View does not cover that island--only Gran Canaria and Tenerife.
Is this legal? John will check it out when he has time, perhaps in a week or so.