Putting my son's business in my name

California:

My son is 42 and and a Texas State convicted felon. He wants to reunite with his wife and child in Los Angeles. He has asked that I help him with his business license to be in name only, as they will not issue it to him.

I'd like to asks about the risked to me and the registered owner. Although he is reliable I still have no way to know if I'm liable for whatever unforeseen flub-up that may accrue.

thanks for any help.

jonny danger said:

California:

My son is 42 and and a Texas State convicted felon. He wants to reunite with his wife and child in Los Angeles. He has asked that I help him with his business license to be in name only, as they will not issue it to him.

I'd like to asks about the risked to me and the registered owner. Although he is reliable I still have no way to know if I'm liable for whatever unforeseen flub-up that may accrue.

thanks for any help.

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Yes. You would be responsible for anything that happens with the business - as the NAMED business licence holder. As a business you would also need to apply for a TAX EIN - as the business licence holder.
You would also be the signee of any business related documents.

What is the business licence he is looking to acquire?

So you are willing to knowingly circumnavigate the laws surrounding felons?

I recommend against it... well, unless you want to come on here after trying to find a non felon to help you get YOUR business license.

cyjeff said:

So you are willing to knowingly circumnavigate the laws surrounding felons?

I recommend against it... well, unless you want to come on here after trying to find a non felon to help you get YOUR business license.

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That's in bad taste. Are you a lawyer?

The key word is SON. I have the urge to help him but I don't really want to sacrifice myself at the legal alter in so doing.

He is in construction. I'm retired from teaching.

jonny danger said:

That's in bad taste. Are you a lawyer?

The key word is SON. I have the urge to help him but I don't really want to sacrifice myself at the legal alter in so doing.

He is in construction.

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Alright here it is. Johnny Dangerously is going legit

The keyword here is LEGAL. No respected member of this forum will help you circumvent the law.

jonny danger said:

That's in bad taste. Are you a lawyer?

The key word is SON. I have the urge to help him but I don't really want to sacrifice myself at the legal alter in so doing.

He is in construction. I'm retired from teaching.

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No, I am not now nor have ever been a lawyer.

I will say that any reputable lawyer you talk to will tell you the same.

You are knowingly trying to defraud. That is a crime.

No one here will help you to commit a crime or will tell you it is a good idea.

Why is it a crime? My DNA is linked to his. I'm not posing as the owner, or his father. I am his father and I would be the owner. How many business' are in the name of one who doesn't toil at the site, but owns and operates the business by proxy or otherwise?

Say he runs over a child on his way to work. I'd be responsible for that? What if he cut a deal with the accountant to do some creative bookkeeping? After an unforeseen audit all that mess would land on me?

Ok johnny, live dangerously .

Put this business in your name. When the offspring of your DNA does not pay his taxes, or otherwise violates the various and numerous laws he will attempt to circumvent you will be on the hook.

When he does, I suggest you come back using a different username. This way your posting for help might slip by us and we may not have the pleasure of saying "I told you so."

And since you're into rednecks here is the redneck word of the day: Disguise. They ain't a cloud in disguise today

jonny danger said:

I am his father and I would be the owner.How many business' are in the name of one who doesn't toil at the site, but owns and operates the business by proxy or otherwise?

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This is perfectly legitimate.

jonny danger said:

Say he runs over a child on his way to work. I'd be responsible for that?

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If he was driving a company vehicle, yes. The company (you) would be liable for damages.

jonny danger said:

What if he cut a deal with the accountant to do some creative bookkeeping?

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If it was company fund, yes.

jonny danger said:

After an unforeseen audit all that mess would land on me?

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Entirely. You would be liable and enjoy the IRS audit of your personal taxes too.

You came here asking advice... you have been warned, even if it could have been more diplomatic , with the correct information.

jonny danger said:

He has asked that I help him with his business license to be in name only, as they will not issue it to him.

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This is why you garnered the response. Your son wants you to get a business licence and you would only be part of the business in NAME ONLY.

jonny danger said:

I am his father and I would be the owner.

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No, according to what your son wants, you would only be the owner in name only.
So yes, you would be helping a convicted felon circumvent the law - committing fraud.

jonny danger said:

I have the urge to help him but I don't really want to sacrifice myself at the legal alter in so doing.[/quote[
Bottom line - you would be sacrificing yourself at the legal alter in doing so.

To qualify to become a licensed contractor you must be 18 years of age or older and have the experience and skills necessary to manage the daily activities of a construction business, including field supervision. Or, you must be represented by someone else with the necessary experience and skills, who serves as your qualifying individual.

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Your son does not qualify - as he is not licenced.

The contractor or other person who will act as the qualifying individual must have had, within the ten years immediately before the filing of the application, at least four full years of experience at a journey level, or as a foreman, supervisor, or contractor in the classification for which he or she is applying. The experience claimed on the applica- tion must be verifiable and individuals who have knowledge of the experience must certify the accuracy of the experience information provided by the applicant (page 3
of the application).

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Taken from the California Contractors State Licence Board... although I did NOT see any reason why your son should be denied a licence. It seems it could be at the discretion of the board dependent on what his conviction was for.

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That's great! I really appreciate not only the advice but the civility as well. I've obviously nixed the notion.

jonny danger said:

That's great! I really appreciate not only the advice but the civility as well. I've obviously nixed the notion.

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You acquiring the licence seems not of even been possible either, due to the CSLB rules.

Again, and it is worth repeating, the CSLB don't, specifically, say that being a convicted felon automatically denies you licence.
Was your son denied by the CSLB? If so, did they give reason as to why (if it was not just for the conviction)? It could also depend on the severity of the crime.
If you really want to help you son (who is just trying to rebuild a legitimate life) seek the advice of an attorney who might be able to help in acquiring the licence through the legal system.

It's his assumption they'll do a background check. I doubt he's been officially denied.

jonny danger said:

It's his assumption they'll do a background check. I doubt he's been officially denied.

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In that case - have him apply.. the worst they can do is deny him.

Best case scenario, they may ask him many questions BUT could still issue a licence... then everything above is moot

Thanks a lot