Business Structure Filing

[SoFloLivin]

What is the name of your state (only U.S. law)? FL

Hello all,

I am a single individual setting up my own business in the state of Florida with Sunbiz.org

Now, I will be in the area of Automotive upgrade, rebuild and restoration services in the field of hot rods, modified cars, muscle cars, antique cars, and classic cars. This to me sounds like I will want an LLC due to the protection if a product turns out to be a little worse than expected (for a lack of better words).

What form of structure should I file for? I do have a fictitious name that i have purchased a .com domain for, currently in the process of a TM, and have marketing set up already for as well.

With the idea that I will be the sole owner and be the sole person buying and selling these vehicles, what would you suggest I file as protecting me individually as much as possible? I am also willing to consult an attorney, but I figure starting here is better than not at all

 

[FlyingRon]

If you are completely a one man operation, the LLC/Corporation may not provide you *ANY* liability protection though it may give you some so in this case it is better than nothing. In your case an LLC may indeed be more advantageous than a corporation.

I'm not sure what your question is. Forming a Florida LLC is a fill in the blanks type thing on sunbiz.
You can use your set up the corporation to replace your previous fictitious name. The domain name means squat.
Trademarks arise from use in commerce. I assume you mean you are attempting to register the trademark.

I hope your prospects are great you are wasting a lot of money putting the cart before the horse.

 

[SoFloLivin]

If you are completely a one man operation, the LLC/Corporation may not provide you *ANY* liability protection though it may give you some so in this case it is better than nothing. In your case an LLC may indeed be more advantageous than a corporation.

I'm not sure what your question is. Forming a Florida LLC is a fill in the blanks type thing on sunbiz.
You can use your set up the corporation to replace your previous fictitious name. The domain name means squat.
Trademarks arise from use in commerce. I assume you mean you are attempting to register the trademark.

I hope your prospects are great you are wasting a lot of money putting the cart before the horse.

I appreciate your feedback. I have read several articles on the inter-web specifying in how an individual LLC doesn't mean too much as far as protection goes to the owner of the company. However, I'm a lone individual running this business, and i read say that it's better than nothing at all.

My intention is to get everything in line. This being my first venture, I wanted to cover all legalities, as I already have vehicles for sale. Yes, I am registering a Trademark. Attempting to anyways, BEFORE I put them on my product, shirts, cards, etc. I want to be a business entity in my state. When I become a presence in my area, I don't want Joe at the local car show to see my booth and cars then think, "Hey, that's a good name that boy's got, I have three cars in my collection, I'm going to see if he trademarked the name... brrr hrr hrr..". Far fetched? Maybe. I really don't want to take chances.

Therefore, and correct me if I'm wrong, getting all of my ducks in a row (your cart before the horse comment) was a legal necessity to cover my butt in case a situation arises. Does that make sense?

I'm just trying to make sure I follow the SBA guidelines on setting up a small business as per their suggestions.

 

[FlyingRon]

You don't need to register a trademark to have trademark rights. For many people, the fees involved are really money wasted.