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Poll: Do you have your own company?

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Re: Poll: Do you have your own company?

#91

Earlier quoted context omitted.

The link takes me to an empty HN page.

The link is dead (not sure why, it seemed useful enough to me). You need to set showdead=yes in your HN profile.

not sure why, it seemed useful enough to me

Automated spam filtering would be my guess. Using a throwaway account with no history probably didn't help.

Re: Poll: Do you have your own company?

#93
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 it harder to do business with big companies, so I formed an LLC the next day.

Don't take/plan to take investment and probably never would unless it was for a specific short-term opportunity.

Re: Poll: Do you have your own company?

#94

Earlier quoted context omitted.

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.

AFAICT, generally (and, of course, as this is mostly a state law question, there will be variations in details from state to state), the single member of a Single Member LLC (SMLLC) receives the same protection from liability as those of a multi-member LLC (or shareholders of a corporation), but in many states an SMLLC is not as protected from liability for the personal debts of its single member as is the case with…

You bring up a very nuanced point regarding the direction of liability for single member LLC.

As you state, it is correct the owner will generally be protected from the liabilities of the LLC. With the exception of piercing the corporate veil, alter ego doctrine, ect...

However, single member LLC can be liable for the debts of the sole owner. Meaning the business assets can be attached, charging orders issued and ownership can even be foreclosed. To distinguish if I own stock in say Google or Apple, and I am in a car accident and kill someone and I can't pay a judgement obviously the judgment holder can not collect against Apple/Google even though I am an owner; however, they could collect against an LLC I own if it is single member. Alternatively, if the same LLC was multi-member generally the judgment holder could not satisfy the judgment against the multi-member LLC.

Edit: In fairness, Patio11 expressed concerned about the liability from his LLC flowing to him personally. Nevertheless, I always feel it is relevant to consider personal liability flowing to the LLC.

Re: Poll: Do you have your own company?

#95
Yes I have a LLC for consulting with a small business to create iOS apps and web apps but I also do consulting as W2 with a bigger firm as they prefer to not contract directly with a single member LLC.

I also create products on the side like iPhone Apps via the Apple Developer program and Web products like www.helloreminder.com and run them under an LLC for liability protection.

Re: Poll: Do you have your own company?

#96

The pressure to create your own company in the tech world is insane. Even during college, I remember one instructor saying that he expected everyone to start a company or two. The problem is that I'm idea bankrupt. Everything I've thought about has been done already. That feeds into the negative feedback/lazyness cycle I'm stuck in.

> The pressure to create your own company in the tech world is insane

It's not as negative as you make it seem, having your own company has many benefits and few disadvantages. Most of us probably wouldn't consider working 50-60 hours/week for someone else who can ruin everything with a few bad decisions and reaps most of the profits. Find out what works best for you and your ideas and don't be afraid.

Re: Poll: Do you have your own company?

#97

Earlier quoted context omitted.

AFAICT, generally (and, of course, as this is mostly a state law question, there will be variations in details from state to state), the single member of a Single Member LLC (SMLLC) receives the same protection from liability as those of a multi-member LLC (or shareholders of a corporation), but in many states an SMLLC is not as protected from liability for the personal debts of its single member as is the case with…

You bring up a very nuanced point regarding the direction of liability for single member LLC. As you state, it is correct the owner will generally be protected from the liabilities of the LLC. With the exception of piercing the corporate veil, alter ego doctrine, ect... However, single member LLC can be liable for the debts of the sole owner. Meaning the business assets can be attached, charging orders issued and own…

Generally, charging orders can be issued against any LLC for a member's debts (all a charging order does is require that the LLC pay any distributions that would go to the member to the creditor instead; a charging order to an LLC for a members debt is similar to an attachment order to an employer for an employees debt.)

In some jurisdictions, though, single member LLCs, unlike multimember LLCs, do not restrict creditors of the member to these kind of actions against the member's financial interest in the LLC, and allow the member's creditors to seek direct payment from the LLC as if it owed the debt.

(Also, in some states, charging orders aren't the exclusive remedy for members debts against multimember LLCs, either, which one reason you need to know the law of the jurisdiction you plan to operate in.)

Re: Poll: Do you have your own company?

#99
I'm like most of the software engineers in the world, I have a bunch of awesome half advanced projects in my dropbox but probably none of them will ever be finished or justify building a company around. Still waiting for the spark that will make a billionaire out of me.

Re: Poll: Do you have your own company?

#100

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 Delaware C corp is the opinion that "that's what investors will expect." Yet, here we have a case (and granted, all we know about you is the name "throwaway78390", so you could be pulling our leg, but this is HN so we'll assume you are legit) that formed an LLC and yet was able to attract a name-brand investor. I guess I'm curious whether Mark expressed any reservation at all about investing in an LLC and not mandating that you form a C corp? My assumption: we all get too hung up on this corporate form jazz, when really if it is a great idea and you can show traction, investors will beat a path to your door step.
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