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Written by : Anastasia Schuett |
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my attorney messed up my llc information can it be fixed short answer yes everything can be fixed disclaimer i'm not your attorney i'm not your cpa i am just providing generally accessible information you can get anywhere on the google machine um i'm just curating everything that i've learned through years and years of research into this uh one series here for entrepreneurs like you and me so uh again yes everything can be fixed let's say this llc was filed for hal by bob that doesn't look like a bob let's let's call him jeeves again um jeeves is this guy with the fancy mustache whether he's an architect or in this case he is a lawyer so this is an actual real question that we got uh some attorney messed up someone's llc and they needed it fixed um we mess up sometimes too what really matters is that if something goes wrong the person who filed it fixes it so if you pay an attorney a lot of money to file an llc for you and they flub it up and they don't fix it or they want to charge you an hourly rate maybe it's time to move on but you know again we've we've messed up before sometimes the customers have given us the wrong information we filed the information based on what they told us and it wasn't our fault it was their fault but in the end it doesn't really matter we need to make sure that the information's right so to fix this information all you need to do is file an amendment and you can either file an amendment with the state or the federal government so you might have the state here and the the federal government here this is for the irs and this is for the actual llc so the llc is state-based not um not federally based we have a video based on that that goes into more detail we have a playlist and all that that goes into all this information so highly recommend you watch those but like i said the llc is filed with the state the ein is filed with the irs and the legal documents are filed with nobody you keep them with yourself so this is actually the state filing so we're going to concentrate on this if you filed in texas and you need to change the name because the name's wrong uh that's a filing if you need to change the address because the address is wrong that's a different filing every state because we are the united states of america every state has their own rules and regulations of how all this works so every state government has their own ways of doing things in their own costs for making these changes so some states have you fax information in delaware still has you fax information in some states require that you fill it out on a piece of paper and snail mail it into them other states are more advanced than have you fill it out via an online form this is where better legal actually really shines is that we have a database of over 1500 different options so you know there's an llc in all 50 states there's a foreign llc in all 50 states there's a corporation all 50 states so there's already 200 options but then every state has a name change option an address change option a manager change option a registered agent change option but then you get to the legal documents and you might need to change you know we started off 50 50. um but now we want to change it to you know i've been putting in more sweat equity and and bob didn't and so i should own 70 and bob should own 30 so we need to make that change um ultimately you just if if it's with this the llc you make the change with the state government if it's with the ein you make a change with the federal government if it's with the legal document you just make a change and everybody signs it and you tack it on to the end of the legal document that you got when you filed your information and that's really it now there are fees associated with this so if you want to do a name change in texas versus wyoming it might be more expensive than one or the other it's also going to take longer in one or the other but the short answer is yes you can change your information nothing is set in stone the business is going to evolve if if you're one of the lucky people that gets to continue this business over years and years and years um there are going to be changes in where your office is there'll be changes in the name they're going to be changes and maybe you expand in new states um maybe it's you know you add a partner a manager a member but anyway that's the the short of it if you got value of this video please like and subscribe share it with a friend uh or go to betterlegal.com and get an llc from us or share this information with your friends so your friend can get an llc or corporation from betterlegal.com and i will see you on the next video
Thanks for your comment Donn Hermez, have a nice day.
- Anastasia Schuett, Staff Member
hey this is attorney elizabeth potts weinstein and today we're going to talk about how to change the name on your california llc it's also the same way to change your name on your california corporation so let's say you've decided you're going to use a different name for your business now you could just take your california llc or corporation and do a dba for that new trade name but maybe it makes sense in this situation to actually change the name the legal name of your llc corporation because you know the old name doesn't apply at all you're going a completely different direction different people are owning the business who knows how do you actually do that well how you do that is by amending your business in the new california biz file system so let's go into the business file system and you can look at how you're going to actually make those changes so the first thing you need to do is actually go to the biz file system which is this file online.sos.ca.gov when you get here and if you've already logged in before it might actually kick you straight to the login screen if not if you never create a login you're going to need to do that so you just go into the login hit the button in the top right corner and you have the ability to sign up for an account you put in your email password first last name that's all you need to get an account i obviously already have one so i'm gonna go ahead and sign in the next thing you need to do is have access to your corporation or llc in biz file now if you've created your lca corporation in the last few months in 2022 that's already in the biz file system and if you filed it online yourself in the last few years it will also already be converted over to the new system but if you filed on paper way before that or if you hired an attorney or one of these online filing services to file it for you you're going to need to get access to your file on biz file and how you'll do that is i'll show you the link and how you're going to request access so the first thing you need to do is find your llc or your corporation in here and you're going to do that by hitting the search button and then you're going to search for it and i'm going to search epw small business law now i do want to say i started recording this video a few minutes ago and had to stop it because when i went in here i realized someone had actually filed a statement of information on my corporation and had changed all the address and contact information put their own name in i'm assuming it was a mistake even though i did send them a strongly worded email but this is an important thing to be aware of you're gonna need to check this on a regular basis because while you do have to be logged in to file amendments and terminations and stuff like that sadly as of this day you do not have to be logged in to file statements of information which means somebody else can change the address and all this kind of stuff of your business which is absolutely terrible and a big security hole they need to plug but anyway the first step is to make sure everything's okay with your corporation so you're gonna open it up and look at it make sure no one has changed the stuff fraudulently or mistakenly man to also make sure you are in good standing because you're gonna have trouble filing anything if your standing is all mixed up messed up what i mean by good standing is that the franchise tax board is an upset because you have filed taxes that you followed any statements of information that you need to do which is sos standing etc so yep my corporation looks fine now there's a couple things i want to show you is manage user access so if you don't have access on the back end to your llc or corporation this will look a little bit different it'll just say that you can file statement information which it actually shouldn't but that's a topic for a whole nother day and it'll have i think it has a history and it'll have request user access and that's where you hit a button and then you request user access and whoever has the access will get an email and then they can say yes and i've gotten that from people and then if nobody has online access because you created this corporation 10 years ago and haven't filed anything online which would be weird because you would usually file statements or information online but that's another story anyway then you need to request access and they'll send a letter a postcard or something with a pin number to your mailing address which is hopefully right if the mailing address isn't right if it's old then you're going to file a statement of information to fix that which you may or may not be able to do online and then you do that by paper so it's going to be a bit of a process but let's assume that you have access so then what you're going to do is you're going to file an amendment so there's all kinds of things under here unfortunately they're all called file and amendment even though some of them have aren't filing an amendment so it has amendment conversion termination mergers all kinds of stuff but you're going to do this thing that is currently on the top and hopefully it will still be because it starts with the letter a amendment now it's going to be called amendment california corporation if you have a corporation and it'll be called california llc if you have an llc so you click on that and then you're going to go through multiple screens and the first screen is this is just telling you if what you file isn't confidential etc etc and it has this huge thing that i think the first time you should read i have gotten this many many times so i don't read it anymore this can only be done if you're changing certain things and if your business has already approved it now i have a corporation and so it's a little bit more formal that people have to vote on it and you would if you're changing the name you would have some kind of written documentation for llc's a little bit more informal but i think you should still have something in writing that says that a majority of the members majority of the owners have approved this change it's always good to have a paper trail just in case something comes up later now if you have multiple owners you definitely want to have a paper trail just in case they later say that they didn't agree if it's one owner it's more of a formality but i think it's a really good idea so here this amendment can only be done under certain circumstances here we're just changing the name so a lot of the stuff about shares and all that stuff doesn't apply and it has to be um signed and dated by two corporate officers i am the only officer that exists can only amend the corporate names or the number of shares submitter is going to be my name um i am the human person submitting this who is typing this in so it could be an attorney's assistant is typing it in or paralegal or it could be that your accountant is typing this in the idea is there's some human person who's typing in it so i'd put my name and my contact information you can also put your phone number i don't think they'll ever call you then it's gonna have what your c
Thanks leskriniF your participation is very much appreciated
- Anastasia Schuett
About the author
I've studied transport phenomena at Baldwin Wallace University in Berea and I am an expert in functionalism. I usually feel calm. My previous job was foreign student adviser I held this position for 20 years, I love talking about automobilism and airsofting. Huge fan of Ren+e Zellweger I practice artistic swimming and collect pez.
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