5 ms·

"Judge Connolly made very clear that, in cases before him, it is not truthful to represent that a post office box is a "principle place of business" of an entit

"Judge Connolly made very clear that, in cases before him, it is not truthful to represent that a post office box is a "principle place of business" of an entity. " "Uh Oh!" - Every Remote business owner.

brightball 4y ago
That's what UPS Store boxes are for. They can sign for your packages too...
- zippergz 4y ago
  No, this is exactly what they are talking about. A UPS store box is not a "principal place of business." Yes, lots of people do it. Yes, you will probably get away with it. But it is not complying with the law, and this is the practice the judge was speaking of.
  - brightball 4y ago
    I know. Ultimately, the reason to use one is if you're largely working out of a house and you're goal is to avoid putting your home address on your business. While I get what the judge is going for here, there's nothing about renting an office space somewhere that makes a patent more valid. If anything, the contracts that allow the parent company to take 90-95% of the income should also entitle them to the same level of liability and that should have nothing to do with the shell company address. As soon as that is addressed, hopefully by law, all of this stuff goes away very quickly.
delfinom 4y ago
Said remote business owners can declare their home office or whatever as principle place of business. That is different from a mailing address.
- pj_mukh 4y ago
  By remote business I don't mean "that one guy who is a contractor LLC", I mean a 50 person team with no office (i.e the new COVID standard). Yes, you could use the "CEO's house", but then he's gotta actually live for a significant amount of time there and receive mail for the company? None of this really makes sense, and the laws (or interpretations) have not been updated.
  - oogali 4y ago
    No, I believe you're conflating the principal place of activity with the registered agent -- they do not have to be the same. The registered agent is responsible for getting served, receiving legal mail, and other government correspondence on behalf of the company and forwarding it along in a timely manner. This is different than a mailing address because a process server or government employee must be able to physically walk into the premises of either the principal place of activity or registered agent, deliver the notice/correspondence/etc. to someone, and record who they handed it off to at what time.
    - pj_mukh 4y ago
      Either way, when a judge demands a physical "principal place of business", we can't answer "the cloud". When that's the actual answer. "mailing address because a process server or government employee must be able to physically walk into the premises" Yea, that would be the CEO's house if their spouse is home, maybe.
      - oogali 4y ago
        Or an actual registered agent. Again, the registered agent does not have to be the address of any of the principals of the business. But it must be a place that is open during standard business hours and accept process notices or legal correspondence upon behalf of the business. https://www.legalzoom.com/articles/what-is-a-registered-agent https://www.legalzoom.com/articles/what-is-a-registered-agen...
        pj_mukh 4y ago

brightball 4y ago

That's what UPS Store boxes are for. They can sign for your packages too...

zippergz 4y ago
No, this is exactly what they are talking about. A UPS store box is not a "principal place of business." Yes, lots of people do it. Yes, you will probably get away with it. But it is not complying with the law, and this is the practice the judge was speaking of.
- brightball 4y ago
  I know. Ultimately, the reason to use one is if you're largely working out of a house and you're goal is to avoid putting your home address on your business. While I get what the judge is going for here, there's nothing about renting an office space somewhere that makes a patent more valid. If anything, the contracts that allow the parent company to take 90-95% of the income should also entitle them to the same level of liability and that should have nothing to do with the shell company address. As soon as that is addressed, hopefully by law, all of this stuff goes away very quickly.

delfinom 4y ago

Said remote business owners can declare their home office or whatever as principle place of business. That is different from a mailing address.

pj_mukh 4y ago
By remote business I don't mean "that one guy who is a contractor LLC", I mean a 50 person team with no office (i.e the new COVID standard). Yes, you could use the "CEO's house", but then he's gotta actually live for a significant amount of time there and receive mail for the company? None of this really makes sense, and the laws (or interpretations) have not been updated.
- oogali 4y ago
  No, I believe you're conflating the principal place of activity with the registered agent -- they do not have to be the same. The registered agent is responsible for getting served, receiving legal mail, and other government correspondence on behalf of the company and forwarding it along in a timely manner. This is different than a mailing address because a process server or government employee must be able to physically walk into the premises of either the principal place of activity or registered agent, deliver the notice/correspondence/etc. to someone, and record who they handed it off to at what time.
  - pj_mukh 4y ago
    Either way, when a judge demands a physical "principal place of business", we can't answer "the cloud". When that's the actual answer. "mailing address because a process server or government employee must be able to physically walk into the premises" Yea, that would be the CEO's house if their spouse is home, maybe.
    - oogali 4y ago
      Or an actual registered agent. Again, the registered agent does not have to be the address of any of the principals of the business. But it must be a place that is open during standard business hours and accept process notices or legal correspondence upon behalf of the business. https://www.legalzoom.com/articles/what-is-a-registered-agent https://www.legalzoom.com/articles/what-is-a-registered-agen...
      - pj_mukh 4y ago