Discussion:Changing Entity Types - Law Firm

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Discussion Forum Index --> Tax Questions --> Changing Entity Types - Law Firm

Mikelim (talk|edits) said:

14 December 2006
I have a client (2 lawyers) that have operated as a general partnership for the last 2 years, and now would like to convert to an LLP (we are in California).

FYI - they only operated as a general partnership for the first two years because they did minimal business, and did not know if the venture would be successful. Now, in year 3, they have hit a good niche and look to become quite profitable.

They will close out 2006 as a GP, and want to operate as an LLP starting January 2007. I have advised them that they need to take the following steps:

1.) Fulfill any licensing/relicensing requirements necessary by the applicable state professional board. 2.) File CA forms to set up an LLP. 3.) File a new SS-4 to obtain a new EIN# (showing that they changed their form of organization). 4.) Switch any all bank accounts and credit cards to the new LLP's EIN #.

Am I missing anything?


Also, they would like to retain the same name that they use now (their DBA name). Can they simply just apply for the name when setting up their LLP?

Thanks for the help!

Dennis (talk|edits) said:

14 December 2006
I just love this question. Lawyers asking accountants what the law is. I don't know about California, but New York is sensitive about entity names. There would be a specific procedure in the LLP formation to adopt the DBA.

Mikelim (talk|edits) said:

14 December 2006
Exactly, Dennis...I would think this would be more in their domain. I'm doing the research, but any help would be appreciated.

Riley2 (talk|edits) said:

15 December 2006
I believe that you can check the CA SOS website for name availability. I see no reason to apply for a new EIN unless they plan on making a corporation election.

I don't believe that attorneys are allowed to use fictitious business names in CA.

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