How to stay "Anonymous" - Start new LLC?

[bhe221]

Hello - I am looking to get started and understand I need 2257 / model release forms to do this legally. Would you recommend that I also start some sort of LLC or is putting my name just fine? Obviously would like to stay anonymous - but also think I would likely be generating a significant loss over the first few years - so tax deduction is also an objective (not sure if there are additional things I should consider in case of an audit from the IRS).

Edit: also open to initial attorney recommendations for a consultation

Thanks in advance

[InfoGuy]

Originally Posted by bhe221

Hello - I am looking to get started and understand I need 2257 / model release forms to do this legally. Would you recommend that I also start some sort of LLC or is putting my name just fine? Obviously would like to stay anonymous - but also think I would likely be generating a significant loss over the first few years - so tax deduction is also an objective (not sure if there are additional things I should consider in case of an audit from the IRS).

Edit: also open to initial attorney recommendations for a consultation

Thanks in advance

bhe221, welcome to GFY.

Requirement to maintain 2257 records is limited. When you say you are looking to get started, what do you plan to do? Do you intend to be a webmaster, model, content producer, paysite owner or other? Do you plan on being the primary or secondary producer of content?

For a US based lawyer, you can try Michael Fattorosi in CA, Larry Walters in FL or Corey Silverstein in MI.

[Publisher Bucks]

Whether working in the adult industry, or making sandwiches for a living, you should ALWAYS operate under an LLC at the very least to do nothing more than protect your personal assets as much as possible as allowed by law.

[brassmonkey]

shelf corp or a lawyer with non disclosure

get a shield aka pre paid legal. you can talk to lawyers! no spam
https://www.legalshield.com/personal...ge-and-pricing

[MaDalton]

Even as an LLC you can't sign contracts or releases just with your company name. You can hire someone and let him sign in the name of the company. But you can't simply sign as "XYZ LLC".

[brassmonkey]

Originally Posted by MaDalton

Even as an LLC you can't sign contracts or releases just with your company name. You can hire someone and let him sign in the name of the company. But you can't simply sign as "XYZ LLC".

look at the post above you. deleware i think is one https://www.l4sb.com/blog/regular-ll...anonymous-llc/

[MaDalton]

Originally Posted by brassmonkey

look at the post above you. deleware i think is one https://www.l4sb.com/blog/regular-ll...anonymous-llc/

I doubt that a model release would be valid under USC2257 if signed by an anonymous LLC but maybe I am wrong. I recommend asking a lawyer.

[trevesty]

Originally Posted by brassmonkey

look at the post above you. deleware i think is one https://www.l4sb.com/blog/regular-ll...anonymous-llc/

You can't sign a document as "Name of Biz LLC". You can sign it as "John Doe" who has been given authorization to sign by "Name of Biz LLC".

This is like... basic shit in the US.

[bhe221]

Originally Posted by InfoGuy

bhe221, welcome to GFY.

Requirement to maintain 2257 records is limited. When you say you are looking to get started, what do you plan to do? Do you intend to be a webmaster, model, content producer, paysite owner or other? Do you plan on being the primary or secondary producer of content?

I am planning on being a producer of content to commercialize/distribute on platforms such as MV and C4S. I believe, due to the MasterCard crackdown, these platforms are being much stricter on model releases/2257 compliance. I don't think I can do enough content volume for my own paysite just yet, so this route provides some flexibility.

I am in IL and will be shooting all over the country. Not sure if this is a bad idea or if I need to consult different lawyers for each state I plan to shoot in.

Originally Posted by brassmonkey

shelf corp or a lawyer with non disclosure

get a shield aka pre paid legal. you can talk to lawyers! no spam

Is a shelf corp different than an LLC? Also can you elaborate on the lawyer with non disclosure? I thought all lawyers owe you attorney-client privilege, which means they are essentially under NDA anyway.

Thanks for the link - but would prefer not to work with random lawyers each time I need help.

Originally Posted by MaDalton

Even as an LLC you can't sign contracts or releases just with your company name. You can hire someone and let him sign in the name of the company. But you can't simply sign as "XYZ LLC".

Originally Posted by trevesty

You can't sign a document as "Name of Biz LLC". You can sign it as "John Doe" who has been given authorization to sign by "Name of Biz LLC".

This is like... basic shit in the US.

I am happy to sign under my name (of course with an NDA covered in the model release saying they can't disclose my real name) - but does there need to be a legal agreement saying I "John Doe" license to "XYZ LLC" even though I own XYZ LLC? Sounds like it complicates things a bit.

[MaDalton]

Originally Posted by trevesty

You can't sign a document as "Name of Biz LLC". You can sign it as "John Doe" who has been given authorization to sign by "Name of Biz LLC".

This is like... basic shit in the US.

yeah, that'd be also my opinion on this

[plsureking]

https://adult.law/



#

[trevesty]

Originally Posted by bhe221

I am happy to sign under my name (of course with an NDA covered in the model release saying they can't disclose my real name) - but does there need to be a legal agreement saying I "John Doe" license to "XYZ LLC" even though I own XYZ LLC? Sounds like it complicates things a bit.

No, you're the owner. You don't need to write anything to give yourself permission, unless your operating agreement explicitly states anyone and everyone needs written authorization to conduct business on behalf of the LLC.

That would be more beneficial if you hired an employee or outside company to sign on your behalf. Even then, "written" can just be an e-mail to that employee saying "yeah, you can sign for that and stuff like it, go ahead". You're not going to sue yourself..

[trevesty]

I would speak with Corey Silverstein or Lawrence Walters personally. They specialize in adult and they can answer your questions very specifically. Nobody's who replied so far is an attorney so I'd take it all with a grain of salt (including my own) until and unless you ask one of them.

[brassmonkey]

im not going to go into it on this, lol this is a public forum

[Publisher Bucks]

Originally Posted by trevesty

No, you're the owner. You don't need to write anything to give yourself permission, unless your operating agreement explicitly states anyone and everyone needs written authorization to conduct business on behalf of the LLC.

Strictly speaking, even though an individual may be the 'owner' of a company, legally they can still act as an employee as under United States law, the company is a physical entity that is ultimately responsible for any and all actions of their employees.

That being said, unless the corporate veil has been pierced, even the owner of the company can not be sued for that business' actions so long as they were not inherently fraudulent or illegal while being carried out.

It may be worth setting up two LLCs for this very reason and having one owned in partnership with the other, as to mitigate this type potential exposure even more.

Not actual legal advice, just explaining one scenario where operating an LLC, owned by another LLC might be of use based on my own business ventures and how many are actually owned by a 'shell' company (for all intents and purposes).

There are of course other tort exceptions to LLC.

[bhe221]

Originally Posted by trevesty

I would speak with Corey Silverstein or Lawrence Walters personally. They specialize in adult and they can answer your questions very specifically. Nobody's who replied so far is an attorney so I'd take it all with a grain of salt (including my own) until and unless you ask one of them.

Thanks - will reach out to them. Any expectations on what an initial consultation (from a legal standpoint) would cost? Not sure if there's a material difference between these different Adult Law Biz providers.

[trevesty]

Originally Posted by bhe221

Thanks - will reach out to them. Any expectations on what an initial consultation (from a legal standpoint) would cost? Not sure if there's a material difference between these different Adult Law Biz providers.

No idea, man. That, too, is largely dependent on your situation.

[MaDalton]

Originally Posted by bhe221

Thanks - will reach out to them. Any expectations on what an initial consultation (from a legal standpoint) would cost? Not sure if there's a material difference between these different Adult Law Biz providers.

I am getting a vibe that this business might not be for you

[fuzebox]

Originally Posted by MaDalton

I am getting a vibe that this business might not be for you

Checks out.

[AmeliaG]

I'm not an attorney or an accountant, so do your own due diligence, but here are my thoughts.

If you currently have a lot of assets, you might want the protection of an LLC. You sound like you are just starting out, so, if you don't have other businesses or real estate or whatever to protect, you may not need to spend a bunch of dough to protect nothing.

Same question with tax deductions: if you have other income such that you could benefit from losses, definitely consult with an accountant. If you don't have significant other income, then figuring out whether you want your LLC to be a pass-through entity is irrelevant.

If you just want a nom de porn to have on your accounts you pay models with, then a simple DBA aka fictitious name statement may suit your purposes.

If you tell models your name or anything else secret, then it is no longer secret. An NDA will, in my experience, be insufficient protection. But don't get into producing content if you'd have to commit ritual suicide if anyone ever knew.

Lastly, adult work is not easy money, but it is generally fast money. In the current market for content production, if you lose money when the content is fresh, I wouldn’t have a lot of expectations of making it back on the long tail. Make sure your math works.

[brassmonkey]

Originally Posted by bhe221

I am planning on being a producer of content to commercialize/distribute on platforms such as MV and C4S. I believe, due to the MasterCard crackdown, these platforms are being much stricter on model releases/2257 compliance. I don't think I can do enough content volume for my own paysite just yet, so this route provides some flexibility.

I am in IL and will be shooting all over the country. Not sure if this is a bad idea or if I need to consult different lawyers for each state I plan to shoot in.



Is a shelf corp different than an LLC? Also can you elaborate on the lawyer with non disclosure? I thought all lawyers owe you attorney-client privilege, which means they are essentially under NDA anyway.

Thanks for the link - but would prefer not to work with random lawyers each time I need help.





I am happy to sign under my name (of course with an NDA covered in the model release saying they can't disclose my real name) - but does there need to be a legal agreement saying I "John Doe" license to "XYZ LLC" even though I own XYZ LLC? Sounds like it complicates things a bit.

i will pm you

[pornlaw]

If you want to be completely anonymous, this isn't the right business for you.

First, it's almost impossible now to be anonymous.

Earlier this year, Congress overrode a veto by Trump and made anonymous shell corporations a thing of the past.

https://www.vox.com/22188223/congres...n-defense-bill

Your desire is to be anonymous opens you up to being the victim of a potential blackmail. I've seen others blackmailed for the same thing. If you're going to be in the industry, assume that eventually everyone in your life will find out about it. If thats not what you want, I wouldnt get in...