Hayward, CA asked in Business Formation and Business Law for California

Q: I have an LLC biz license in CA for a brewery/distillery. I've decided to start my hand sanitizer biz w/a dif name/logo

I have maybe another 2 offshoot business (all using brewing ingredients or manufacturing brew-related items) as well. I'm wondering if I need 3 separate business licenses/ llc's-like subsidiaries. The "parent" company "St. James Brewery & Distillery LLC" will now seek how to get proper permits, Costs, find out what sort of specified building it needs to be in for *online only selling online craft beer Also a hand sanitizer/surface disinfectant division (St. James Sanitizers & Disinfectants). Do I need licenses, permits, fees to Alcohol/Tobacco (still unclear how)

2 Lawyer Answers
Robert P. Cogan
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Answered
  • San Diego, CA
  • Licensed in California

A: It is wise to consider all these factors. It appears that your objective is to get the best result for your bottom line and to minimize risks. Among the many factors to be taken into account are whether you are planning for a long term duration of the company or whether you are seeking to build the company up and sell it in a few years. Your tax situation will likely be key in deciding whether or not you need LLCs, S-corporations, or C-corporations, if any. Community property rules should likely be considered. If the "subsidiaries" will do business with each other there are factors that could need to be considered such as transfer pricing and possible licensing.

One possible choice to consider now is whether you want a "one size fits all" solution or a plan tailored to your situation to maximize the value of your businesses. Either route might be possible. The choice is a business decision for you. An attorney can help you implement your business plan.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You might want to think about the possibility that with everything under one company, you put all your projects at risk if one fails. The big ones have separate corporations and umbrella holding companies to control the shares of stock in the little ones. This way each project is its own corporation and only risks the investment in that project instead of putting everything on the line.

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