[Resolved] Lolcow LLC needs a registered agent and is currently defunct - Update 14-Aug-23: We are now a WV LLC.

[mindlessobserver]

Is it in general not legitimate for a Registered Agent to e.g. use a delivery service to send papers to whoever actually needs to handle them, if they're in a different location? Would this not be fundamentally the same thing, just with one more hop in between than usual?

The courts are very autistic about this. Legal service has to pass from the Plaintiff to the Defendant directly. With no intermediary.

 

[Unarmed Gunman]

No. Part of the legal requirements for incorporation or organization as an LLC is people are able to affect proper service and process on the entity. That means legal documents have to be able to handed over to an agent of entity. That is why they are called Registered Agents after all. They are allowed to act as the human representative of what is otherwise a non-human legal construct

This is really just a fancy way of saying "Post office can deliver mail there".

Most registered agents of LLC's are just the actual person who set up the LLC in the first place, because that is who becomes the default registered agent on paperwork unless otherwise specified. Then again, each state is different. There is no such thing as a US LLC, only a California LLC, Texas LLC etc, each with their own laws.

Also, after reading what I just wrote it's pretty clear I don't have a solution so I'm just a guy leaning on a shovel watching @Null work.

 

[beepbopisuckcock]

Nobody can register because captcha doesn't work, I had to resort to bugmenot.

Two comments:

1) Why run KF as a LLC business? You should be operating as a non-profit 503(c) corporation. It has all the same legal protections in terms of keeping assets and liabilities separate from you personally but with none of the tax/reporting requirements. It has legal personhood and can transact business, establish bank accounts and own property independent of you.

2) All US Post Office Boxes have a physical street address equivalent. Back in the early 2000's private mailbox companies like Mailboxes Etc were stealing all the PO Box customers because they would accept physical deliveries. USPS implemented the same policy to compete. I use them all the time to register non-profits that operate out of people's home or other locations they do not wish to disclose on public documents. The Post Office will accept and sign for FedEx/UPS deliveries used for legal service and thus meet all the legal requirements for 503(c) registration.

IMO, don't be cute with the Lolcow branding. Just register yourself as something that sounds like a real charity and make your articles of incorporation sound like you are a EFF-style free speech activism/rights group. You'll be in the exact same legal cateorgy as every multi-million dollar charity and church in the US, so any attempt to pierce your 503(c) corporate structure could be seen as a threat by some very rich organizations with very expensive lawyers.

 

[gateway]

Nobody can register because captcha doesn't work, I had to resort to bugmenot.

Joshua forgot to add the new domain to Google reCaptcha settings. I am actually surprised they haven't dropped the Kiwifarms yet.

 

[Uniform hubbub]

The courts are very autistic about this. Legal service has to pass from the Plaintiff to the Defendant directly. With no intermediary.

If some state has relaxed enough visitation policies that process servers would not be prevented from arranging visits to Joe Inmate, the Registered Agent, would this not satisfy the requirement?

It's expected the registered agent will forward them one or many times. The problem is how do you as a process server walk in and hand the papers to the registered agent/prisoner.

Would it have to be as simple as 'walking in'? Suppose that there's no obstacle to visitation within a reasonable time frame, could a judge, after having facepalmed all morning at the RA arrangement, ultimately tell a plaintiff to suck it up?

 

[doodoocaca]

IMO, don't be cute with the Lolcow branding. Just register yourself as something that sounds like a real charity and make your articles of incorporation sound like you are a EFF-style free speech activism/rights group. You'll be in the exact same legal cateorgy as every multi-million dollar charity and church in the US, so any attempt to pierce your 503(c) corporate structure could be seen as a threat by some very rich organizations with very expensive lawyers.

Seconding this. Worst case, we laugh our asses off while it all comes tumbling down.

 

[Null]

non-profit 503(c) corporation

Once again, a 501(c)(3) requires 3 board members. So that's the RA problems, multiplied by 2, with additional complications.

 

[filthypenguin]

I messaged you this back when you first mentioned it, but I have heavily armed contacts in West Virginia that would probably jump at the chance to defend themselves from trannies, but I'd have to ask around a little to find someone with stable enough internet to consistently scan documents for you. If you'd pay to get them set up with starlink or something I'd bet I could find you a whole militia if you wanted.

Also, some of them are remote enough that physically getting there may be a real risk for someone not familiar with the roads to actually make it there with out driving off the mountain.

 

[Twinkletard]

Texas has a franchise tax on businesses, but you're exempt from paying tax up to 1.2M USD, so unless you're making more than that annually, you're basically tax exempt in the state. I have a friend who could assist you in keeping things legit.

 

[Neo-Nazi Rich Evans]

Maybe the registered agent could legally change their name to something generic like Bill Smith or Johm Potter, or take a page out of Yaniv's playbook and use a celebrity's name.

i second this. it wouldnt be a bad idea to go to a state which allows you to hide the name change and change your name to something generic like bill smith. it would add a layer of protection to your actual family. make it much more difficult for the troons to figure out who your mom is. afterall it isnt jsut a question of you protecting yourself from troons, but the troons will go after your mom, sister, wife, gf, mother in law, etc. the RA is opening up all the female friends and family members to harassment by angry eunuchs.

 

[beepbopisuckcock]

Once again, a 501(c)(3) requires 3 board members. So that's the RA problems, multiplied by 2, with additional complications.

You are mistaken. That's not an IRS requirement, which is where the 503(c) designation originates.

Each state has their own rules and requirements for the equivalent structure (which is needed to file for 503(c) status). Some states, like New York, require three directors. Other states do not. Deleware only requires one. In California, it is "three or the number of shareholders" (e.g. can be one). Also in California, certain non-profits only need to name a single person: the incorporator (who can also be the agent for service of process). Nothing else needs to be disclosed publically.

I've done it several times without issue, so I think you should definitely take another look into this option.

It's only $30 to file so I might even do it as an experiment.

 

[That Chris Guy]

I considered volunteering for this, but I'm situated in The Most Hated of States (TM) so that would probably make things worse for all parties involved. Hopefully the successful applicant lives somewhere where they're allowed to own a gun, in case the Tranch comes after them.

 

[Null]

You are mistaken. That's not an IRS requirement, which is where the 503(c) designation originates.

Wtf, I have looked into this a dozen times and I'm always told three.

https://www.harborcompliance.com/nonprofit-governance-by-state

There's a few states, but I'm never going to find an RA in fucking Delaware for this purpose.

Though, Washington is available, and since Washington is the state that has Net Neutrality that's a good place to start pushing shit in. (Though WA still needs a Financial Secretary.)

What I would do is have the nonprofit annex the hosting company, 1776 Hosting, since 1776 will never be profitable anyways. Kiwi Farms will just be Lolcow LLC.

Edit: Even this site warns "You’ll want to identify three, unrelated individuals to meet IRS requirements".

 

[mindlessobserver]

I don't know if this place becoming a charity is ironic or hilarious.

 

[Susanna]

If no agent can be found, isn’t it an option to simply go back to Tor? Yeah it would be tragic to lose clearnet, and it’ll shrink the audience considerably, but I doubt sites like Silk Road ever had to worry about registered agents, and unlike drug amazon no government is going to care enough to bother trying to shut it down. The troons harass private business, not judges or politicians, because they’re not quite that stupid.

 

[DavidS877]

If no agent can be found, isn’t it an option to simply go back to Tor? Yeah it would be tragic to lose clearnet, and it’ll shrink the audience considerably, but I doubt sites like Silk Road ever had to worry about registered agents, and unlike drug amazon no government is going to care enough to bother trying to shut it down. The troons harass private business, not judges or politicians, because they’re not quite that stupid.

You still gotta pay the ISP somehow. Sure he could find an ISP that takes crypto. But life is easier with an actual bank account, etc.

 

[Null]

Silk Road

yeah i bet drug websites don't have to worry about LEGAL FILINGS which is why the owner is sitting in fucking prison you dumbshit

 

[Sperghetti]

The problem is Al over at Big Al's storage and office space may sign a lease with Lolcow LLC and then immediately start getting death threats at 3 AM on his personal cell phone and cancel the lease.

Just because I’m curious, what’s the legality of publicly posting unedited voicemail messages you’ve received online, LibsofTikTok style?

 

[Susanna]

yeah i bet drug websites don't have to worry about LEGAL FILINGS which is why the owner is sitting in fucking prison you dumbshit

Yeah but this isn’t a drug site though. Government did care about shutting down Silk Road because it was selling drugs at an enormous scale. This site is a pretty minor politically incorrect gossip forum. You’re not doing anything illegal (by USA law), you’re just annoying a bunch of eunuchs with nothing better to do than harass private business into deplatforming you.

 

[Null]

Yeah but this isn’t a drug site though. Government did care about shutting down Silk Road because it was selling drugs at an enormous scale. This site is a pretty minor politically incorrect gossip forum. You’re not doing anything illegal (by USA law), you’re just annoying a bunch of eunuchs with nothing better to do than harass private business into deplatforming you.

I have to accept legal servicing for the site, pay taxes, open business accounts, and other shit that requires an entity. Thanks.