Seattle Community

Molly Maloney

Last activity: 1 week ago

  • Hi Kurt! I'm a business attorney and corporate formation is a large part of my practice. Unfortunately, you've got some incorrect and incomplete information here.

    1. Your name search should include not just the DoL, but the Secy of State’s office, the Dept. of Revenue, and possibly, the USPTO.

    2. You need to choose your business entity BEFORE getting a business license, per the requirements of the DoL. This means that if you want to be an LLC , Inc., or NPO, your first stop, after doing a name search, will be the Secy of State’s office for your formation. This will cost $195 if you do it online and will provide you with your UBI.

    3. If nothing else, incorporating FIRST prevents you from ever being in the position of doing business as a sole proprietorship or partnership when you actually want to be incorporated. You put your liability protection at risk otherwise.

    4. If you are going to remain a sole proprietorship or a partnership, you don’t need to do anything with the SoS. In this case, you can go through the DoL as you've stated in the article.

    5. The MBA will NOT get you your city business license for most cities. Currently only 20 cities have co-licensing via the MBA.

    6. The cost of getting a state business license will depend on the number of dbas you choose and the city in which you’re getting a license. The basic MBA, however, costs $20 + $5.00 per dba. City licenses can range from $15 to $100+. You also need to review whether your business requires you to have a special license. The cost of a special license varies widely and depends on the industry.

    7. Filing your MBA will automatically register you with the Department of Revenue and create the database record. In addition the PAC is automatically issued and is found below your address on your tax return. Only if you do not receive a return do you need to ask the DoL for the access code.

    8. If you are choosing to be taxed as an S-corporation, you will need to complete the appropriate IRS forms within 75 days following formation.

    9. If you’ve incorporated your business, your bank will likely want to see your Articles of Incorporation or Certificate of Formation and your bylaws or operating agreement before they will issue you an account in the corporate name. Be very wary of using pre-packaged bylaws or agreements; many of them are unfriendly to small businesses because they leave out key provisions and add unnecessary ones.

    I strongly recommend that new businesses – or businesses looking to change from sole proprietorships or partnerships to incorporated entities – use an attorney. There are several places in the formation process where it’s just too easy to stumble, so your attorney will ensure it’s done properly right from the start. I know that small start-ups are very budget conscious, but formations are often done on a flat fee basis and aren't hugely expensive - especially compared to the costs of corrections or litigation due to mistakes. As I tell my clients: “Help me” is always cheaper than “Fix me!”

    Posted 2 weeks ago Getting Started with the Business by Kurt Lehman
  • I've been with Seattle Metropolitan Credit Union for 5 years now. I can't speak to their CC rates, as I choose to avoid credit cards, but their customer service is amazing. My sole complaint is attorney-specificL: they don't have IOLTA/trust accounts. But in every other respect, I recommend them without reservation.

    Posted Oct 03, 2008 What Bank should I Switch to? by Amy Woidtke (woid-key)
  • Thanks for the reminder that "retail therapy" is a coping mechanism that self-perpetuates! I succumb far too often and it almost ALWAYS results in yet more stress.

    Posted Sep 11, 2008 How Personal Spending Can Impact Your Business (and your Life) by Kate Phillips
  • I like the original name, only WITH the misspelling: IncombustAble Design. With the capital A in there, it emphasizes ability as well as indestructability. Just my two pennies.

    Posted Mar 28, 2007 What do you think of my possible new business name? by Sarah Johnson