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John_Christina
08-16-2014, 01:01 PM
Hello, everyone - nice to meet you all.

Need some help here - we're getting ourselves all confused trying to figure some stuff out.

Here's the situation: we (husband/wife) are planning on buying a franchise. It would be a new franchise in an open territory (so basically a start-up with nothing at the start except the right to operate under the corporations brand name). We plan on signing the franchise agreement after the first of the year (1/2015). We're planning on forming an LLC under which to do this. This brings us to the questions...

We've found the location we want to lease to operate the business. We would like to get the location now before it is leased to someone else. I'm assuming the lease should be done under the yet-to-be created LLC - is this correct?

How can we form the LLC prior to signing the franchise agreement? Can we create our LLC under the name "J&C, LLC" and then still conduct business after 1/2015 as "Zaxxon Widgets", for example (the corporate name of the franchise business we are buying)?

As far as accounting is concerned, would it be acceptable to lease the location now just as "regular people", and have the business then reimburse us the lease expenses?

This also bring up a question about forming our LLC... The application will ask for a business address, but our business address is yet to be leased... It's kind of chicken/egg - how can we lease the location without having our LLC, and how can we form our LLC without having our business address?

Basically, we want the location, and we want to get it now before someone else does. We're okay with signing the lease under our own names and using our personal funds to do so... But in that case, how can we then re-coup those costs from the business once it is up and running? I realize that either way the money for the lease will be coming from "us", but we're getting all twisted around trying to figure out the financial and liability ramifications....

I realize this question may be confusing itself, so if clarification is needed on anything, just ask and we'll provide the info...

Thanks for any advice,

John & Christina

P.S. This probably goes without saying, but yes, this is our first time doing this. :)

David Hunter
08-16-2014, 03:12 PM
Welcome, John and Christina!

I would talk with a lawyer or your account first.

Your LLC name can be anything. Which state are you filing in? I just created a new LLC in July and it took less than a week for the state to approve it.

I filed in Ohio, and they never asked for the business address. Just "an" address.

Also, will the franchise name be your Doing Business As name?

webdesignphx
08-16-2014, 03:32 PM
Yes you can add the LLC name to the lease. You can start the LLC now. As far as name availability you will need to check with the Corporation Commission in your state to make sure it is not already taken. The LLC name doesn't really matter because you can purchase a trade name under the LLC for what you are doing business as. You may need to talk to your franchisee about that.

You can lease it now if you want and still write it off as a business expense but I would just wait for the LLC. You can use your home address on the LLC for now and then make an amendment to the LLC when you get your location. As far as recouping the money from the company you can pay yourself back Reimbursement payments through payroll when the company starts making money. Then your CPA will know what to do with the Reimbursement payments. And they are not taxed through payroll if they are in the reimbursement section.

Hope that helped. Good luck!