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Poll: Do you have your own company?

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111–120 of 120 posts

Re: Poll: Do you have your own company?

#111
post #75
post #9

I have a startup configured as an LLC right now. I've been dayjobbing to bootstrap it for the past year, but will be going full-time on the startup in mid-June. I've been contracting as W2 through a pimp, rather than using my company for it. Switching to full-time is going to be very interesting. Dayjobbing has been good for buying me some time to really think through what I'm doing and climb some learning curves, bu…

> I've been contracting as W2 through a pimp Haha, when I read that part I LOL'ed.

Maybe my point was taken away because I didn't provide an insightful reply to the original comment?

In that case, one of the reasons why I switched to a day job (after spending about the years in-between, during and after college working on small business ideas) was because I didn't have a strong enough business to sustain myself with the lifestyle I wanted to have.

It was awesome at first, and I was able to direct my energies to really improving things here at my workplace, but in recent years, with the job morphing to such a degree that I'm no longer primarily a developer (more management at this point) the fun level is no longer as high as it used to be.

I completely separated from having my LLC for the first few years after I started my day job, but then a few years ago I started a side business selling software on my website (under the sole proprietor model, due to the $800 minimum tax I didn't want to have to pay again for LLCs in California) and so far that small business has been semi-profitable and keeps the hosting bills paid.

Recently though, with those changes I mentioned above with my day job no longer being quite as fun as it used to when I was more free to do development work, I've looked towards contacting local businesses via snail mail and seeing if they have any business problems they need solving (anything repetitive/time-consuming for their staff, which I feel would be ripe for some sort of software automation or process to be put in place) so that way I'll have some more interesting problems to solve and get some insight into what problems our local businesses have (the # of software developers in the area is close to nil).

I'd like to eventually build up something significant where I could hire a few people and maybe earn enough to maybe switch to being a full-time entrepreneur, but at the moment the day job pay is just too good to leave (all of my savings goes to long-term accounts I can't tap, such as a 403b, life insurance savings account, and Roth IRA, so I don't save too much each month...plus there's the credit card debt and personal line of credit I'm still paying off).

Now I feel lucky I was able to experiment much more (some with my money I earned through the business, but also with parental money, mainly my mom since she was awesome enough to believe in me and provide me that opportunity) while I was a late teen/early twenty-something and make mistakes I've learned from. Profitability is a big factor now whenever I'm trying something new.

Re: Poll: Do you have your own company?

#112

I have an LLC. I took funding from Mark Cuban, based on a product I created that took about three months to put together. I hadn't intended to raise venture capital, but in a spur-of-the-moment type action I emailed him about what I was doing. I didn't even have a number in mind when he replied, so I just came up with something off the top of my head in about five minutes (I tried to be reasonable, and aim a bit lowe…

Observation: Just yesterday on HN there was a discussion about the relative merits of forming a Delaware C corp, as the majority of startup-focused lawyers consistently recommend. Countering that are the number of accountants who would recommend forming an LLC in your own state, then electing S-corp taxation or conversion to a C corp in the future upon demonstrated growth/success. One of the primary reasons for the D…

The LLC was his team's preference (and I was happy with it as well, having prior Delaware LLC experience), it was formed for the investment.

We used YC docs (http://ycombinator.com/documents/) for the employment contract among other things, with a few adjustments for things I wanted changed.

The due diligence, formation, agreements, etc. were all a very easy process. His team is excellent to deal with, very professional, and his people and lawyers were always available if I had questions. They're pretty much an entrepreneur's ideal.

Regarding the LLC. I think for this business it was quite desirable, as it has slightly unusual attributes and prospects. It was always understood it wasn't going to be a billion dollar funding company (that would eg take numerous rounds from large VC firms). It was always going to be profitable from early on, requiring no substantial further funding. You could say it's a partnership in a corporation's body.

If we were going to agree to an investment from Andreessen Horowitz tomorrow morning, we'd likely reform to a C corp for future purposes.

I echo your sentiment about getting hung up on corporate form though. The hassle involved can vary depending on your partners of course. With a partner like Cuban, if there's something that needs to be done, like shifting to a C corp for business or investment purposes, then it'll get done with minimal drama.

Most of these things simply are not going to be a major problem unless you have shitty partners that might cause problems in the process of reforming the company from an LLC to a C. Mostly these are trivial issues that people sometimes waste large amounts of time on because their partners suck.

Re: Poll: Do you have your own company?

#113
post #111
post #75

Earlier quoted context omitted.

> I've been contracting as W2 through a pimp Haha, when I read that part I LOL'ed.

Maybe my point was taken away because I didn't provide an insightful reply to the original comment? In that case, one of the reasons why I switched to a day job (after spending about the years in-between, during and after college working on small business ideas) was because I didn't have a strong enough business to sustain myself with the lifestyle I wanted to have. It was awesome at first, and I was able to direct m…

People downvote for completely stupid reasons here. If you think that was bad, see what happens when you question the collective wisdom of a bunch of boys in San Francisco barely out of college who think they rule the world. Not that I'm bitter or anything... :)

But back to your situation. There's a question I like to ask everyone, stolen directly from Babylon 5... "What do you want?" You need to be able to answer that for yourself, honestly, and then work toward that. Is what you do now working for you? Why or why not?

I put in two decades in the software industry before I realized that what I want is total independence, by owning my own company, setting the direction, making sure it's as good as I want it to be. The enterprise is secure, and often challenging, but I'll never get rich and I'll never feel in control, not that way. On the other hand, after two decades of career gone, I don't have a bunch of spare rounds in the clip the way the average kid getting processed through a startup accelerator does.

I wound up here backwards. I didn't start with "I want a startup" and then cast around looking for an idea (the problem with so many startups is mediocre, timid ideas). Instead, the idea came to me, and I realized that it would best be done through a startup. And a startup fits my sense of how to live a lot better than the enterprise work I've been doing.

Luckily, the idea itself comes from those decades of experience in large-scale software development and its problems. Without all that real-world experience, I wouldn't even know of the existence of the problem I am trying to solve.

So back to you. What do you want? What kind of life do you want to lead? What sort of impact do you want to have on the world? Answer that, and build toward that.

Re: Poll: Do you have your own company?

#114
post #8

I voted twice. I run a startup company that provides consulting services and acts as an incubator for in-house ideas. If one of the side projects grows large enough that it starts making "real" money, it will get its own LLC and DBAs to separate the liability from parent's core business of consulting. I'm in NY, which is home to one to publication requirements, so I only form LLCs for projects when the potential for…

Are there any downsides to not following the publication requirements? From my research the only limitation (which wasn't even conclusive) was the ability to sue may be hampered until such a time that you comply with the publication requirement.

The law goes all bogeyman here, but one thing is clear: If you get busted for not publishing, you are no longer in good standing as an LLC in the state of New York. You then have to publish to get back in good standing.

This doesn't affect the terms your past or current contracts, but it does mean that you can't take contracts with government agencies and some potential clients will research your company and see that you're non-compliant. This can lead to a loss of business and the terms of most of contracts (that I've come across, at least) stipulate that you must be a valid LLC in good-standing -- if you go ahead and sign that contract, you're operating counter to the terms that you've entered into and may be liable for damages to the other party (or your actions could invalidate their responsibilities to you). Note that severability clauses do not cover you in this instance because publication is a legal requirement of the state.

And you're right -- you can't sue others as an LLC or fully defend your contracts in a court of law while behind on your liabilities.

You're also not technically supposed to do business while non-compliant.

disclaimer: not a lawyer, but it's not my first time at the rodeo and this stuff isn't that complex

Re: Poll: Do you have your own company?

#115

Earlier quoted context omitted.

You touch on a very unusual aspect of corporate law... Dissolution I will not provide any legal advice here, but the concept of letting "it lapse" verse filing articles of dissolution with the State to wind down the business can have significant impact on liabilities/legal rights of the owner/directors/officers/entity. I have seen very bizarre situations where each was the right thing to do under a given set of facts…

Will, I am considering dissolving my single person LLC. Could you help me point to sources on web where I can read more about it? Especially scenarios where letting it lapse is the right thing to do.

In Florida we call this lapse, "administrative dissolution for failure to file an annual report". Alternatively, in Florida when you file articles of dissolution with the State it is called "voluntary dissolution." Each one has its own quirks, for example, if you are administratively dissolved the State grants a grace period reserving the name should you file a late annual report or reinstate. After the grace period the company name will be up for grabs, and someone could take the name, but you would still be able to reinstate the company providing continuity. If you voluntarily dissolve, Florida has a period of time you can revoke the voluntary dissolution, but after that grace period the old company if effectively gone and can not be reinstated.

Off the top of my head I could not point you to any resources that would suggest letting it lapse is the right thing to do. Most attorneys by default will over look these nuances anyhow and always suggest the right thing to do is voluntarily dissolve. However, in private corporate legal practice I have seen the following scenarios where the voluntary dissolution has been problematic:

1. If the company was not wound down properly, and assets are still in the company name, generally those assets may not be transferred out of a dissolved company, and if you do transfer assets out it would be legally invalid. In such circumstances it would be better the company lapse, so it can be reinstated to transfer the assets lawfully;

2. Another example I have seen first hand is in litigation. In this instance a major oil company was sued by a number of gas station owners. As you can imagine the oil company dragged this lawsuit out for decades. By the time it was over many of the businesses that owned the gas stations sold and then dissolved. Nevertheless, after the litigation they were entitled to large sums from the oil company. For companies who administratively dissolved they could reinstate and have standing to collect their judgment, alternatively many of the business who voluntarily dissolved lost out on their portion of the judgement.

Best to consult an attorney to analyze your specific situation.

Re: Poll: Do you have your own company?

#116

Earlier quoted context omitted.

Observation: Just yesterday on HN there was a discussion about the relative merits of forming a Delaware C corp, as the majority of startup-focused lawyers consistently recommend. Countering that are the number of accountants who would recommend forming an LLC in your own state, then electing S-corp taxation or conversion to a C corp in the future upon demonstrated growth/success. One of the primary reasons for the D…

The LLC was his team's preference (and I was happy with it as well, having prior Delaware LLC experience), it was formed for the investment. We used YC docs ( http://ycombinator.com/documents/ ) for the employment contract among other things, with a few adjustments for things I wanted changed. The due diligence, formation, agreements, etc. were all a very easy process. His team is excellent to deal with, very profess…

Thanks throwaway78390, would love to know more about your business, why you chose to approach Mark Cuban, etc. Sounds like an interesting story all around.

Re: Poll: Do you have your own company?

#117

I do electronics & firmware consulting work as well as my small industrial electronics manufacturing business through an LLC. But it really wasn't primarily for liability protection (as if!). I was filling out a Vendor Qualification form to do business with a large corporation and one of the checkboxes was business type. I was checking off Sole Proprietor and then it occurred to me that being a sole prop. might make…

I really want to know how do you get started in firmware consulting roles? Are you based out of US?

Yes, I'm in the Midwest. How do you get started? Dunno. A friend knew someone who wanted some work done, introduced me to him and I guess that was how the first one got done.

I don't pursue it actively. If I see someone online who wants something built that fits my schedule, I offer to do it for them. To me, consulting is just a way to learn about new industries that I can build products for.

My focus is really on getting the product business generating a steady stream of cash instead of the small spurts it's doing right now.

Re: Poll: Do you have your own company?

#118
post #21

At the time of writing this 262 responses and 0 "life style" business. That seems pretty nutty to me. Maybe "high growth" captures more than how I read the poll author's intent, but 91 of you are chasing funding/VC/big exit and 0 of you are building a profitable business that can fund its own growth that you enjoy and want to keep control over? FWIW I'm 7 years in on my fully bootstrapped, profitable, strongly growin…

I feel like my definition of a lifestyle business is not a multi-million dollar business that has been around for 7 years. At this stage, it looks like you have a healthy, established business you are the sole owner of.

I envy you and one day hope to get there myself. Good luck and I hope you get to grow your business to tens of millions.

Re: Poll: Do you have your own company?

#119
post #43

Two LLCs, one for Appointment Reminder and one for everything else. The separation is exactly because AR has potentially high liability in event of a HIPAA incident and, while I'm insured against it, I don't want DHS to have a claim on substantially all of my business assets in the event that everything goes wrong. I go back and forth on whether I want to take investment at some point. At the moment, mostly working o…

I do not want to make assumptions, but because your concerns are regarding potential liability (and rightfully so)if those are single member LLCs (you are the sole owner), then you will not be receiving the limited liability legal protection generally associated with the LLC.

Just to be clear about this subthread between 'will_brown and 'dragonwriter:

They are talking about the reverse of the case most people think about when they think about corporate liability protection. Specifically, they're talking about the way the law handles the case where your personal liabilities spill over into your company's liabilities.

For example: if, unrelated to your work, you hit someone with your car and end up losing a $100k lawsuit, your victim will investigate attaching that liability to your equity in your company. With C and S corporations, this isn't complicated: an attorney pursuing a collection can take your shares to satisfy the liability. This is possible because C and S corporations have mostly straightforward rules for transferable stock ownership.

But due to a quirk in the law, LLCs don't. LLCs are glorified partnerships; they are a way of getting most of the benefits of a corporate form with much less of the pain of forming an actual corporation. As a result, there is no straightforward way for a court to transfer partial ownership of the LLC to a creditor; to do so would be to impact all the other LLC members, who did not agree to partner with the debt collector.

The obvious result of this quirk is that people form LLCs to protect personal assets from collection. An attorney pursuing a collection can attach themselves in some ways to the beneficial interest in the LLC, but they cannot get any decisionmaking power for the LLC, and they cannot get transferable stock in the LLC (which stock doesn't exist). So, as long as the LLC never issues a distribution, the assets housed in it can potentially be judgement-proof.

Since this is a loophole for debtors big enough to drive a truck through, some states have legal precedent that gives special consideration to single-member LLCs to make them easier to collect against, since the whole rationale for them being difficult to collect against is the protection of other innocent partners, which don't exist in an SMLLC.

Now you know, and knowing is half the battle.

Re: Poll: Do you have your own company?

#120
I'm a consultant, have been working from my own LLC for about five years, of which I've spent about two and a half traveling across the world, working from time to time and longer times when I settled down somewhere for a while. I've worked from Laos, Jordan and am currently in Botswana.
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