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Last week, Tea Party Rep. Andrew Brenner and his wife published "Was Sandy Hook a Hoax Designed to Advance Gun Control Laws? through their alleged publishing company, BrennerBrief.

Tea Party Rep. Andrew Brenner and his wife both tweeted that BrennerBrief is a company with "nearly 60 paid writers" they own and operate in Ohio and they claim it is registered "under an LLC." But that is not true ... it is a lie. As per Ohio Secretary of State BrennerBrief is not registered under an LLC or anything else for that matter.  BrennerBrief started in June 2012 as The Brenner Brief.

To verify the premise of this story: Rep. Brenner & his wife are running a company illegally in Ohio, I contacted two separate women at the Ohio Secretary of State.  Both women confirm that BrennerBrief is not now, and never has been, registered to do business in Ohio and, according to the OH SoS office, "by law, Ohio Statute 1329, every business, no matter the size, must register with the Secretary of State in order to do business legally in Ohio." Therefore, "the company [BrennerBrief] is operating illegally in Ohio."  

Since BrennerBrief is not registered to do business in Ohio, as far as Ohio is concerned BrennerBrief does not exist. Therefore, BrennerBrief is not a "private business" and not a "private LLC" and not a "private company" operating in Ohio.

There is proof that Rep. Brenner is actively involved with BrennerBrief as Rep. Brenner publishes articles through BrennerBrief. There are no legal documents for BrennerBrief, so there is absolutely no proof that Rep. Andrew Brenner is not actively involved with BrennerBrief.

Rep. Andrew Brenner is accountable to the public - he's a public servant. The media & his constituents have a right to know and Rep. Brenner must answer:

* Why Rep. Brenner never registered BrennerBrief with the Ohio Secretary of State as required by Ohio law?

* Does BrennerBrief have an Employer Identification Number (EIN)?

* Does Rep. Brenner get paid for submitting/published articles?

* If Rep. Brenner does get paid, does Rep. Brenner list that income on a Financial Disclosure Form?

* Does BrennerBrief pay Worker's Compensation for their "60 paid writers" as required by Ohio State Law?

After being told the Ohio Secretary of State confirms that BrennerBrief is not registered with any LLC, including but not limited to Mrs. Brenner's 2009 LLC,
* Why do Rep. Brenner & his wife continue to falsely claim BrennerBrief is registered through her "2009 LLC" (see below for their emails/tweets on that)?

As a reminder of Ohio Tea Party Rep. Andrew Brenner(R) published story last week he and/or his wife, Sara Maria Eichenberger Brenner used their 'company,' BrennerBrief to publish a vile online story titled: "Was Sandy Hook a Hoax Designed to Advance Gun Control Laws?" The story promoted a psychotic, paranoid, delusional conspiracy theory that mocked the murder of 5 year old & 6 year old children & teachers who were murdered as they tried desperately to protect the children ... it was a smack in the face to their loved ones.

Rep. Brenner is engaging in corrupt business activities so it is very important that the media & Rep. Brenner's constituents ask Rep. Brenner about this.

UPDATE:
8:52 AM PT:
Ohio Secretary of State just sent an email stating

XXXXX@ohiosecretaryofstate.gov
9:39 AM (2 hours ago)

"BrennerBrief is currently available in our files. Please be advised that this is just a preliminary search and we cannot guarantee that the name will still be available at the time you file paperwork to secure that
name
."

XXXXXXX [I am withholding the name for now]
Project Specialist
Ohio Secretary of State Jon Husted
180 E. Broad St., 16th Floor
Columbus, OH 43215
Telephone: 614.644.7456"

[same update below]

hmmm .... "BrennerBrief is currently available.." Meaning, BrennerBrief is not registered to do business in Ohio at the time that email was sent. So, for around $25.00 anyone of us can own the name "BrennerBrief."

That same week, Rep. Andrew Brenner's & his wife used BrennerBrief to publish another bizarre story promoting selling public schools off to rich folks so taxdollars can be diverted to those rich folks.  Their fearmongering con-job consisted of Rep. Brenner saying public schools are "socialist" so therefore, America should take its cue from communist USSR and sell of all public schools and "sell off the existing buildings, equipment and real estate to those in the private sector. The private sector includes our existing teachers, superintendents, management and everyday taxpayers."

Rep. Brenner is a real estate agent ... go figure.

Anyway, after those two nutjob stories came out on social networking sites, Rep. Brenner and his wife took to twitter to complain about DailyKos for running a story about their 'Sandy Hook Hoax' story (here). They blasted "#LiberalLiars" and said Rep. Brenner didn't have anything to do with 'BrennerBrief' because it was founded by it's Editor-In-Cheif, Sara Maria Brenner.  

When a Twitterer told Rep. Brenner & Sara Maria that there is no proof Rep. Brenner has nothing to do with BrennerBrief because BrennerBrief is not listed as a company on Ohio Secretary of State web search, they freaked out.

Immediately, Rep. Brenner & Sara Maria accused the twitterer of "em>harassment" and threatened to file a "lawsuit" against the person and "contact the authorities." They called the person a "Commie Thug" for asking questions about their company. They mocked homosexuals with "rainbows" and "lollipop" nonsense.  In short, they became desperate and did everything they could to shut down the facts from being exposed: Rep. Andrew Brenner & his wife are violating Ohio State Laws as BrennerBrief is not registered to do business in Ohio and Rep. Andrew Brenner and his wife know they are operating it illegally.

Rep. Brenner & his wife claim he is not involved with BrennerBrief. But, the fact of the matter is, there is no proof Rep. Brenner is not involved with BrennerBrief. There are no legal documents to prove Rep. Brenner is not involved with BrennerBrief.  BrennerBrief is where he publishes the stuff he writes - that sure sounds like involvement to me.

I find it appalling when anyone willingly, knowingly and with forethought violate state statutes and it is especially appalling when a public servant in charge of writing laws willingly and with forethought does it.  

Rep. Andrew Brenner must be held accountable for his actions. Rep. Brenner is wrong when he says people asking questions about this are "harassing" him.  Rather, he is intentionally deflecting and trying to shutdown the query in the same manner other corrupt people do when they get caught. The taxpayers of Ohio have a right to know and deserve to know why Rep. Andrew Brenner and his wife decided to run a business illegally in Ohio.  

Rep. Brenner's prior illegal business activities:

Rep. Andrew Brenner claims he owned several "small mortgage companies." Sara Marie Eichenberger Brenner has had five tax liens filed against a music lesson company, Prestige Music, she owned (here). Sara asked the Delaware Gazette not to run an article showing she had been slapped with her fourth tax lien (here).

The Columbus Dispatch report that on January 3, 2014 Rep. Andrew Brenner and his wife were sued by their former employee and settled the case for $20,000.00

State Rep. Andrew Brenner and his wife, Internet radio host Sara Marie Brenner, have agreed to pay $20,000 to settle a lawsuit with a former employee of the Brenners’ music-tutoring business [Prestige Music]. The Brenners will pay the former employee, Michelle Wright Parker, $11,000 as well as $9,000 in attorney’s fees.
Rep. Brenner's wife's previous companies (per Secretary of State):
1997:
The Academy of Piano (SoS file here and here)
Registrant: Sara Marie Eichenberger
Status: Closed

2009:
The Right Idea LLC (SoS file here and here)
Registrant: Sara Marie Eichenberger
Status: Active

Companies Rep. Brenner's operate but also are not in Secretary of State search

Engage Strategies, Brenner Life Insurance, Brenner Risk Management, The Brenner Brief, The Brenner Brief Radio Show, Politigal Network. Sarah Brenner Radio Show and BrennerBrief
Rep. Brenner & his wife were quick to say BrennerBrief was registered through "an LLC" but two women at Ohio Secretary of State confirm the Brenner's claim is false.

Yesterday I first phoned "Dee" at the Ohio Secretary of State's office. Dee ran a search on Rep. Andrew Brenner BrennerBrief and she said

"There is no business name associated with The Right Idea LLC."
...
"The name BrennerBrief is available for use and is not associated with any entity or individual."
...
"In order to tie the Right Idea LLC with BrennerBrief, Form 534A must be filled out and in order to tie the two, the name of the LLC should be put in the place of the 'Registered Agent.' After that the Form must be approved by the Secretary of State. Once approved, the name BrennerBrief will show up in 'business search' on Ohio Secretary of State website."
...
"By law any company doing business in Ohio must be registered with the Ohio Secretary of State. BrennerBrief is no where in our [Ohio Secretary of State] website."
Later in the day I called the Secretary of State back to re-run the search. This time I got a woman named Kara who said
"Ohio Statute 1329 requires all businesses, no matter how small, must register with the Secretary of State before they can legally operate in Ohio."
...
"There is no business registered with the name BrennerBrief tied to any entity. The name BrennerBrief does not come up as a business legally operating in Ohio. If BrennerBrief is operating in Ohio, then the company [BrennerBrief] is operating illegally in Ohio."
...
"There is a tax penalty for failing to register with the Secretary of State and you should call the Ohio Department of Taxation to file a complaint against a company that is not registered with the State.  The company might be operating without an Employer Identification Number (EIN). The company might also be in violation offailing to pay Worker's Compensation, Payroll Taxes, and other State & Federal Corporate Tax liabilities. You should call the Department of Taxation."
As I said, Rep. Brenner & his wife freaked out and threatened "libelous" lawsuits immediately after questions about BrennerBrief started. Tim Simms over at Peacock Panache reports he has been threatened by Rep. Brenner's wife in her desperate attempt to shut him up.
The reality of the situation is this: Brenner threatens to sue virtually everyone she disagrees with. I've lost count of the number of people who have emailed me from her local Ohio town saying as much. Additionally, if you'll recall our reporting on the radio contest a while back, she issued threats to sue everyone there as well (including me and everyone involved in the contest that dared to question her).  
~Tim Simms
* Ohio Secretary of State: (877) 767-6446
* Ohio Department of Taxation: (800) 757-6091
Emails showing both Rep. Brenner & his wife threatened lawsuits after the tweets below

Tweets showing Rep. Brenner & his wife freaked out over questions about BrennerBrief
(in the event they delete their tweets, I have screenshots of all of them)

Rep. Brenner's wife starts the LLC lie and immediately charges "libel"


Rep. Brenner's wife keeps tossing around "libelous"


Now they up the "libel" add "harassment" and oddly claim Rep Brenner doesn't have to answer to people asking questions about his company.

Rep. Brenner's wife say Rep Brenner nor her have to answer to anyone about her company:

Rep. Brenner & his wife state Rep. Brenner does not have to answer to taxpayers



Except it is not her "private business" since it is not registered to do business.

ummm ... yes ... there is an active LLC but BrennerBrief is not tied to that LLC.

hmm ... If Sara Marie is reading this, two woman at the Secretary of State do know how to search and they both say BrennerBrief is not registered at all, anywhere, in the State of Ohio.

Here is Rep. Brenner's wife flat out lying:


Rep. Brenner's wife mocking gays who asked questions about LLC & BrennerBrief


Emails showing Rep. Brenner & his wife freaked out over questions about BrennerBrief

================
================
================
================
================
=================

8:52 AM PT:
Ohio Secretary of State just sent an email stating

XXXXX@ohiosecretaryofstate.gov
9:39 AM (2 hours ago)

"BrennerBrief is currently available in our files. Please be advised that this is just a preliminary search and we cannot guarantee that the name will still be available at the time you file paperwork to secure that
name
."

XXXXXXX [I am withholding the name for now]
Project Specialist
Ohio Secretary of State Jon Husted
180 E. Broad St., 16th Floor
Columbus, OH 43215
Telephone: 614.644.7456"


Originally posted to keepemhonest on Tue Mar 18, 2014 at 08:11 AM PDT.

Also republished by Central Ohio Kossacks and American Legislative Transparency Project.

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Comment Preferences

    •  It wouldn't matter (3+ / 0-)
      Recommended by:
      buddabelly, Catte Nappe, BachFan

      Because they intend to run this as an LLC, which is a pass through entity, it makes no difference to the IRS as long as they record the revenues and expenses accurately.

      The license issue is easily remedied by registering and possibly paying a small penalty. These late registrations are like traffic tickets. This is all civil.

      "let's talk about that"

      by VClib on Tue Mar 18, 2014 at 09:31:11 AM PDT

      [ Parent ]

      •  You saying you're cool with corrupt politicians? (0+ / 0-)

        Come on.

        Your comment seems to imply that illegally operating a company for 27 months (June 2012) is no biggy

        It is a biggy.  It is illegal

        This guy writes our laws ... makes it a bigger deal

        BTW: Thanks for reading! :)

        •  Anything that turns a profit (3+ / 0-)

          Is perfectly fine with that commenter.

          I'm waiting for them to promote the benifits of turning the poor into soylent green.

        •  I just spent 15 minutes on the State of Ohio (1+ / 0-)
          Recommended by:
          ColoTim

          website to see if I could find the penalty for late filing for an LLC. The basic cost for registering a corporation is $125. I couldn't find a late fee, but the other penalties for similar transgressions seem to run from $25-$50.

          As I noted in my kosmail registering is primarily to benefit the founders of the corporation, not the state. However, I am no expert in OH law.

          I think lying to the public is wrong, but this isn't corruption. This politician isn't taking bribes or redirecting public money for his personal benefit. I don't think this is "illegal" as most people use that term.

          People frequently register business entities late. The fact that the business has been operating without a license for more than two years is wrong, and publicizing the transgression is good.

          "let's talk about that"

          by VClib on Tue Mar 18, 2014 at 10:31:21 AM PDT

          [ Parent ]

          •  VClib - you clearly failed to read my diary or ur (1+ / 0-)
            Recommended by:
            TeamSarah4Choice

            still not awake

            1) Ohio Sec of State says it is a violating of State laws not to register ... that mean, you are wrong and it is illegal

            As per my phone call with OH Sec of State.

            "Ohio Statute 1329 requires all businesses, no matter how small, must register with the Secretary of State before they can legally operate in Ohio."
            ...
            "There is no business registered with the name BrennerBrief tied to any entity. The name BrennerBrief does not come up as a business legally operating in Ohio. If BrennerBrief is operating in Ohio, then the company [BrennerBrief] is operating illegally in Ohio."
            ...
            "There is a tax penalty for failing to register with the Secretary of State and you should call the Ohio Department of Taxation to file a complaint against a company that is not registered with the State.  The company might be operating without an Employer Identification Number (EIN). The company might also be in violation offailing to pay Worker's Compensation, Payroll Taxes, and other State & Federal Corporate Tax liabilities. You should call the Department of Taxation."
            2) You are wrong about the penalty which I addressed in the body of my Diary you missed:
            "There is a tax penalty for failing to register with the Secretary of State and you should call the Ohio Department of Taxation to file a complaint against a company that is not registered with the State.
            3) Ummm ... they  have not filed "late" .. they have not filed so right now and for the last two years they have been violating State Laws.

            4) Not only are they "not" "late" ... they are now lying and falsely claiming they registered long ago.

            VClib - I think you should get some coffee & re-read my diary. Seems you missed a lot.

        •  "Company"? (2+ / 0-)
          Recommended by:
          VClib, keepemhonest

          It's a blog. It's probably making a minimal amount of money. The real "corruption" is his terrible ideas.

          Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

          by anastasia p on Tue Mar 18, 2014 at 10:41:46 AM PDT

          [ Parent ]

        •  Where'd you get that? (3+ / 0-)
          Recommended by:
          anastasia p, VClib, poco

          Comment was - legally, the IRS doesn't care. And the state of Ohio would likely impose a wrist slap fine. Both factual. Doesn't give a clue what the commenter's own value judgement on it is. Yet down thread you start putting a toe over the very nasty line of suggesting commenter is a shill (something against the rules at DKos, if you weren't aware of that).

          “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

          by Catte Nappe on Tue Mar 18, 2014 at 10:44:51 AM PDT

          [ Parent ]

          •  Unfortunately, I think some people here (5+ / 0-)

            are addicted to manufactured drama. The Brenners are loathsome for far more significant reasons than whether their blog is properly registered.

            Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

            by anastasia p on Tue Mar 18, 2014 at 10:48:21 AM PDT

            [ Parent ]

          •  Catte - try reading my diary - your questions (1+ / 0-)
            Recommended by:
            TeamSarah4Choice

            are answered there

            answer to your "legally" question

            "Ohio Statute 1329 requires all businesses, no matter how small, must register with the Secretary of State before they can legally operate in Ohio."
            ...

            answer to your "legally" question

            "There is no business registered with the name BrennerBrief tied to any entity. The name BrennerBrief does not come up as a business legally operating in Ohio. If BrennerBrief is operating in Ohio, then the company [BrennerBrief] is operating illegally in Ohio."
            ...

            answer to your taxation question.

            "There is a tax penalty for failing to register with the Secretary of State and you should call the Ohio Department of Taxation to file a complaint against a company that is not registered with the State.  The company might be operating without an Employer Identification Number (EIN). The company might also be in violation offailing to pay Worker's Compensation, Payroll Taxes, and other State & Federal Corporate Tax liabilities. You should call the Department of Taxation."
            Now, if you think Dee, at the Ohio Sec of State told me  wrong then why don't you pick up your phone and tell her you know more than she does.

            Ohio Sec of State
            180 E Broad St Floor 16, Columbus, OH 43215
            (877) 767-6446

            Be my guest .... oh and thanks for reading my Diary:)

            •  *I* have no "legal" question (1+ / 0-)
              Recommended by:
              poco

              The commenter indicated that the IRS doesn't care if these people are following the Ohio statute. Following the Ohio statutes is not the legal concern of the IRS. I believe the commenter would be correct in that legal analysis. If you believe Dee in Ohio can contribute to this observation feel free to call her yourself. I see no reason to bother the poor woman with this myself. She's got enough to do without explaining to you the difference between the IRS and the state of Ohio.

              Now, if I did have any question it would be regarding your allegation down the thread about the commenter possibly being "a plant". I assume you did not mean a rhododendron. In making that allegation you came perilously close to crossing a DKos line; whether you realized that or not. Have you apologized to him yet?

              “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

              by Catte Nappe on Tue Mar 18, 2014 at 02:02:09 PM PDT

              [ Parent ]

              •  Catte - Ohio Sec of State says (1+ / 0-)
                Recommended by:
                TeamSarah4Choice

                to file a complaint with the OH Dept of Revenue (not IRS) if you know of a company that is not registered to do business in Ohio.

                The OH Attorney General's office also says to file a complaint with the OH Dept of Revenue if you know of a company that is not registered to do business in Ohio.

                ummm ... I've already spoken to Dee - she's a lovely woman.

                Regarding the plant ... I did not make an "allegation" I was responding to a comment by asking a question ... question ... not allegation.

                Oh let me guess, you're gonna be cool with Old Left cursing at me and insulting me below, right?  Or you going to tell Old Left that his cursing and insult at crosses the DKos line?
                I suppose I'll wait and see if your silent to Old Left below

              •  Catte - did you see (2+ / 0-)
                Recommended by:
                TeamSarah4Choice, cc

                Old Left's comment below where he cursed me & insulted me?

                I notice you haven't told Old Left that he/she crossed the DKos Line ... hmmmm ....

                hmmmm ....

        •  How do you know that (0+ / 0-)

          the website isn't operated by "The Right Idea, LLC"?

          "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

          by Old Left Good Left on Tue Mar 18, 2014 at 01:29:04 PM PDT

          [ Parent ]

          •  Old Left - if you bother to read my Diary you will (2+ / 0-)
            Recommended by:
            TeamSarah4Choice, cc

            find your answer.

            Hint: I know that BrennerBrief is not run by Right Idea LLC because:
            1) Ohio State Law requires an LLC to file Form 534A since BrennerBrief has a different name that the LLC
            and
            2) Two phone calls with the Sec of State said that BrennerBrief was not connected to the LLC
            and one email [inside my diary] said the business name: BrennerBreif is available.

            Answer for 1 was in my diary
            Answer for 2 was in my diary

            From my Diary

            "There is no business name associated with The Right Idea LLC."
            ...
            "The name BrennerBrief is available for use and is not associated with any entity or individual."
            ...
            "In order to tie the Right Idea LLC with BrennerBrief, Form 534A must be filled out and in order to tie the two, the name of the LLC should be put in the place of the 'Registered Agent.' After that the Form must be approved by the Secretary of State. Once approved, the name BrennerBrief will show up in 'business search' on Ohio Secretary of State website."
            ...
            "By law any company doing business in Ohio must be registered with the Ohio Secretary of State. BrennerBrief is no where in our [Ohio Secretary of State] website."
            From my Diary Email for Sec of State
            XXXXX@ohiosecretaryofstate.gov
            9:39 AM (2 hours ago)
            "BrennerBrief is currently available in our files. Please be advised that this is just a preliminary search and we cannot guarantee that the name will still be available at the time you file paperwork to secure that
            name."

            XXXXXXX [I am withholding the name for now]
            Project Specialist
            Ohio Secretary of State Jon Husted
            180 E. Broad St., 16th Floor
            Columbus, OH 43215
            Telephone: 614.644.7456"

            Maybe you should have had more coffee before you tried to read my diary :)
            •  Wow (0+ / 0-)

              That is alarmingly stupid.

              What you have established is that The Right Idea has not registered Brenner Brief as a trade name or fictitious name.

              "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

              by Old Left Good Left on Tue Mar 18, 2014 at 02:20:14 PM PDT

              [ Parent ]

              •  Old Left - ummm ... yeah ... that's right (2+ / 0-)
                Recommended by:
                TeamSarah4Choice, cc

                and that is what makes Rep. Brenner in violation of Ohio State Laws.

                Since June 2012 Rep Brenner has been operating BrennerBrief as a business but violated State Laws when he failed to register it.

                •  And (0+ / 0-)

                  What is the penalty for failing to register a trade name or fictitious name?

                  "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                  by Old Left Good Left on Tue Mar 18, 2014 at 03:16:54 PM PDT

                  [ Parent ]

                  •  The Diary says what the penalty is (1+ / 0-)
                    Recommended by:
                    cc
                    "There is a tax penalty for failing to register with the Secretary of State and you should call the Ohio Department of Taxation to file a complaint against a company that is not registered with the State.
                    Given the Brenner's have employed people etc since June 2012, the penalties could range from failing to pay employee tax (they've been sued for that before), failure to pay Worker's Comp (they've been sued for that before), failure to declare some income tax

                    ... we just have no idea the extent the Brenner's tax problems over this will be and that is one more reason it is important for Brenner to answer the questions the Diarist asked.

                    •  Here we go again (0+ / 0-)

                      There is a difference between not registering an entity and not registering a trade/fictitious name.

                      It is highly unlikely that the contributing writers are employees.  If they're not employees, then there are no employment tax or workers' comp issues. If you think otherwise, please provide evidence of that.

                      "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                      by Old Left Good Left on Tue Mar 18, 2014 at 03:51:05 PM PDT

                      [ Parent ]

                      •  The fictitious name IS the entity & you have WRONG (1+ / 0-)
                        Recommended by:
                        cc

                        form title.

                        In order for BrennerBrief to be connected to the LLC a "Fictitious Name Form 524A" is not what is filed.

                        By Ohio State Law, in order for BrennerBrief to be connected to the LLC a "Name Registration Form 534A" must be filed with the LLC listed as the Registered Agent.

                        You have no idea if her 11 Assistant Editors are employees or if any of her contributing writers are employees.

                        The Brenner's say they have "nearly 60 writers" so if you want to make the claim they are not employees then it is you who must prove they are not.

                        I'm basing my thought on Brenner's own words "nearly 60 writers" sounds like employees to me.

                        •  No (0+ / 0-)

                          1.  The entity is The Right Idea, LLC.  An entity is not a fictitious name, nor vice versa.

                          2.  Yes, the fictitious name should have been registered.  That is a trivial violation.  Do you have any idea what the penalty for failing to file a fictitious name statement is?

                          You bring up Form 524A, which is for changing information regarding a trade name or fictitious name.  Has anyone, other than you, made that mistake?

                          3.  I read the "write for us" portion of the website, which solicits "independent freelance contributors"--i.e., independent contractors.

                          "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                          by Old Left Good Left on Tue Mar 18, 2014 at 05:56:36 PM PDT

                          [ Parent ]

                          •  Give it rest. You're wrong & repeating the same (0+ / 0-)

                            incorrect info will not make it correct.

                            When are you going to get it through your mind that fictitious name is NOT what should have been registered.

                            Sec of State was clear that Name Registration Form 534A must be filed in order to connect BrennerBrief to the LLC

                            Pay close attention: Form 534A should be filed NOT form 524A

                            The diarist gave the phone number to the Sec of State, (877) 767-6446

                            Do yourself a favor and call them and ask:

                            YOU: "If I want to tie BrennerBrief to Right Idea LLC what form do I need to file"

                            His/Her answer will be
                            "You must file Name Registration Form 534A"

                            Then ask,
                            YOU"what about fictitious name form 524A"

                            His/Her answer will be
                            "NO! Not Fictitious Name Form ... you must file Name Registration Form 534A"

                            Hey, do you even know what Name Registration Form means?
                          •  WTF are you prattling about? (0+ / 0-)

                            The only reason "Brenner Brief" needs to be registered is because it is either a trade name or a fictitious name.  It makes no difference.

                            The "Name Registration" Form, Form 534A, is used to register either a TRADE NAME or a FICTITIOUS NAME.

                            YOU AND SARAH ARE THE ONLY ONES WHO SEEM TO CARE ABOUT FORM 524A, WHICH NO ONE, OTHER THAN  YOU TWO, HAS MENTIONED.

                            You have invented a dispute that does not exist.

                            "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                            by Old Left Good Left on Tue Mar 18, 2014 at 07:31:42 PM PDT

                            [ Parent ]

                      •  It's not "trade/fictitious name" form that Brenner (0+ / 0-)

                        should have filed in June 2012.

                        Rep Brenner should have filed "Name Registration" form.

                        I would imagine those Assistant Editors she pays are employees.

                        •  Oh, you're so clever (0+ / 0-)

                          Form 534A is used to register a trade name or a fictitious name.  If you perceive some significant difference between referring it to as registration of a trade/fictitious name and "Name Registration," be my guest.

                          "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                          by Old Left Good Left on Tue Mar 18, 2014 at 06:00:25 PM PDT

                          [ Parent ]

                          •  OMG! You are SOOOO WRONG!! (0+ / 0-)

                            Ohio Secretary of State Website

                            Form 534A is NAME REGISTRATION FORM

                            Form 524A Trade Name or Fictitious Name

                            Here is the link proving you are 100% WRONG
                            https://www.sos.state.oh.us/...

                            I don't know what your game is, but you either have no idea what you are talking about or you just do not care that you are wrong.

                          •  WTF (0+ / 0-)

                            On Form 534A, one registers either a TRADE NAME or a FICTITIOUS NAME.  Either one.  Same form.  Two functions.  I'm very sorry that you are confused by the fact that the name of the form does not use the terms trade name or fictitious name, but that's what's it for: to comply with the requirement that an entity (or sole proprietor) register a trade name or fictitious name.

                            You are wrong about Form 524A.  It's title is actually "Trade Name or Fictitious Name Registration Update."

                            However, I don't know what your point is.  You and Sarah are the only ones who have referred to the forms.

                            "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                            by Old Left Good Left on Tue Mar 18, 2014 at 07:38:13 PM PDT

                            [ Parent ]

                    •  Again, let's go to the actual statute (0+ / 0-)

                      There is apparently no fine or penalty for failing to register a trade name or fictitious name.

                      Ohio Rev. Code § 1329.10:

                      (A) The attorney general, upon the request of the secretary of state, shall bring an action for an injunction against any person who violates section  1329.01 [i.e., the requirement to register a trade name or fictitious name] or  1329.07 [i.e., requirement to file a change of address] of the Revised Code, and who, after proper notification by the secretary of state, refuses or fails to comply with such section.

                      (B) No person doing business under a trade name or fictitious name shall commence or maintain an action in the trade name or fictitious name in any court in this state or on account of any contracts made or transactions had in the trade name or fictitious name until it has first complied with section  1329.01 of the Revised Code and, if the person is a partnership, it has complied with section  1777.02 of the Revised Code, but upon compliance, such an action may be commenced or maintained on any contracts and transactions entered into prior to compliance.

                      (C) An action may be commenced or maintained against the user of a trade name or fictitious name whether or not the name has been registered or reported in compliance with section  1329.01 of the Revised Code.

                      "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                      by Old Left Good Left on Tue Mar 18, 2014 at 06:16:48 PM PDT

                      [ Parent ]

                      •  You left out the rest of Chapter 13 & 17 who are (0+ / 0-)

                        you trying to kid?

                        You think there is a State Statute with no penalty for failure to abide by the statute

                        Are you kidding!?!?

                        The way you tell it, no business would ever register in Ohio because they'rd be no penalty for not registering

                        Get real

                        •  The "penalty" is in the statute given (0+ / 0-)

                          If you don't file your trade name/fictitious name statement, you cannot sue anyone in Ohio.  see (B) above

                          If you don't file a our trade name/fictitious name statement WHEN REQUESTED TO DO SO, the SOS can ask the AG to close you down.

                          So, yes, there appears to be no penalty for failing to file your trade name/fictitious name statement UNLESS you don't do it upon request.

                          You keep coming back, making stupider and stupider comments.  I gave you the statute.  If you think there is some other penalty, provide the statute.

                          "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                          by Old Left Good Left on Tue Mar 18, 2014 at 09:03:31 PM PDT

                          [ Parent ]

                      •  Get it thru your head: it is NOT Fictitious name (0+ / 0-)

                        they willingly failed to file

                        It is NAME REGISTRATION Form which I have already given you the SoS link showing it is NOT the same form as a Fictitious Name from

                        •  What does the NAME REGISTRATION form (0+ / 0-)

                          ask you to register?

                          Answer:  Either a trade name or a fictitious name.

                          You keep repeating the same stupid crap over and over.

                          "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                          by Old Left Good Left on Tue Mar 18, 2014 at 08:59:25 PM PDT

                          [ Parent ]

      •  VClib - do you have proof to your claim (1+ / 0-)
        Recommended by:
        TeamSarah4Choice

        "theses late registrations are like traffic tickets."

      •  Completely missing the point that tax filings (3+ / 0-)
        Recommended by:
        keepemhonest, TeamSarah4Choice, cc

        would prove involvement.

      •  It depends (3+ / 0-)
        Recommended by:
        VClib, Catte Nappe, BachFan

        If it a single owner LLC, it is disregarded for income tax purposes but regarded for employment tax purposes.

        I agree regarding not registering with the SOS.  The usual consequence is that the entity (if it wasn't organized in Ohio) cannot sue anyone in Ohio until they register.

        Diarist is blowing this way the hell out of proportion.

        "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

        by Old Left Good Left on Tue Mar 18, 2014 at 10:30:30 AM PDT

        [ Parent ]

        •  Old Left - Ha! Thanks for reading but your (2+ / 0-)
          Recommended by:
          TeamSarah4Choice, cc

          comment shows you have no idea what you are talking about and your comment shows you did not read the Diary.

          Most important your comment shows you don't know anything at all about Ohio State Laws regarding doing business in Ohio.  But hey, if you'd like to learn I suggest you read my diary and/or call the OH Sec of State and tell them you know more than they do.

          Then, report back. :)

          •  Excuse me (1+ / 2-)
            Recommended by:
            edrie
            Hidden by:
            TeamSarah4Choice, cc

            I've been polite about this--but you don't have a clue what you're doing.

            So far, you have "confirmed" that BrennerBrief is not an Ohio registered LLC.  BFD.

            Have you considered that it operates under a different name?  Or don't you know about that possibility?

            This diary, and the one yesterday, is a piece of shit.

            "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

            by Old Left Good Left on Tue Mar 18, 2014 at 01:38:48 PM PDT

            [ Parent ]

            •  Old Left - again you show you have not read the (1+ / 0-)
              Recommended by:
              TeamSarah4Choice

              Diary
              I am not attempting to be impolite. However it is clear you have not read my diary.

              1) If you read my diary you will 'confirm' that I never said nor implied BrennerBrief was an LLC

              2) If you read my diary you will see that I did check to see if it operates under a different name as I clearly wrote in my diary the two phone calls I had with the Sec of State.

              3) If you read my diary you will see that the Brenner's (not me) said BrennerBrief was connected to Sara Marie Eichenberger Brenner's 2009 LLC.

              The only 2009 LLC Sara Marie Eichenberger Brenner has is the Right Idea LLC - which my diary gives proof that BrennerBrief is not tied to.

              4) If you curse at me again and insult me I will have to HR you.

              •  You state (0+ / 0-)

                that Brenner Brief is required to register with the SOS.

                That would only be required if it is a business entity.

                It does not register if it a business run by The Right Idea.

                "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                by Old Left Good Left on Tue Mar 18, 2014 at 02:15:36 PM PDT

                [ Parent ]

                •  To clarify (0+ / 0-)

                  It doesn't register as an entity.  Right Idea should have registered it as a trade name or fictitious name.

                  "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                  by Old Left Good Left on Tue Mar 18, 2014 at 02:21:53 PM PDT

                  [ Parent ]

                •  Old Left - just read my diary (1+ / 0-)
                  Recommended by:
                  TeamSarah4Choice

                  For one thing, you are wrong.

                  YOU: It does not register if it a business run by The Right Idea.

                  ME: Sec of State says you are wrong.

                  OH Sec of State:

                  "In order to tie the Right Idea LLC with BrennerBrief, Form 534A must be filled out and in order to tie the two, the name of the LLC should be put in the place of the 'Registered Agent.' After that the Form must be approved by the Secretary of State. Once approved, the name BrennerBrief will show up in 'business search' on Ohio Secretary of State website."
                  ...
                  "By law any company doing business in Ohio must be registered with the Ohio Secretary of State. BrennerBrief is no where in our [Ohio Secretary of State] website."
                  All your questions and comments are addressed in my diary.

                  In my Diary
                  1) Rep Brenner and his wife say BrennerBrief is a business (not me)

                  2) Rep Brenner & his wife say BrennerBrief is a business that has nearly 60 paid writers

                  This Diary shows that if Rep Brenner wants to continue to claim BrennerBrief is a business then he has been in violation of State Law since its beginning, June 2012.

                  •  No, I'm not wrong. (1+ / 0-)
                    Recommended by:
                    Catte Nappe

                    Let me try to explain this one more time to you.  "Brenner Brief," if it is a part The Right Idea, LLC does, doesn't register anything.  Arguably, The Right Idea should register "Brenner Brief" as a fictitious name.

                    Having "60 paid writers" is probably irrelevant, unless the writers are employees.  However, it is apparent from the website that the "60 paid writers" are independent contractors, since they are not under the control of Brenner.

                    "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                    by Old Left Good Left on Tue Mar 18, 2014 at 03:33:10 PM PDT

                    [ Parent ]

                    •  You are wrong. (0+ / 0-)

                      This Diary points out your error by quoting the Secretary of State.

                      You are wrong when you say "The Right Idea should register "Brenner Brief" as a fictitious name."

                      Fictitious Name Form 524A is not what is filed.

                      Name Registration From 534A is filed.

                      Secretary of State said

                      In order to tie the Right Idea LLC with BrennerBrief, Form 534A must be filled out and in order to tie the two, the name of the LLC should be put in the place of the 'Registered Agent.' After that the Form must be approved by the Secretary of State. Once approved, the name BrennerBrief will show up in 'business search' on Ohio Secretary of State website."
                      There website states they have 11 Assistant Editors and that is not irrelevant and they sound like employees.

                      As for the contributors, you have no idea if they are independent contractors.

                      I am led to believe you have an angst against the Diarist because .. when is it 'trival' for any elected law-maker to break state laws?

                      Seriously?  

                      Not to mention, Rep Brenner was sued for failing to pay employee wages, taxes & workers comp and, in January of this year, he agreed to settle for $20,000 out of court.

                      You see, this guy has a past with breaking laws and this is just one more straw in the camel's back and it's not irrelevant

            •  I HR'd your abusive comment (0+ / 0-)

              This diarist does not deserve your abuse and to quote DKos all reading

              owe it to the diarist and the community to remove the comment.
              •  I disagree (0+ / 0-)

                The diarist deserves a fair amount of scorn for flailing about making ridiculous accusations because he or she doesn't understand the difference between registering an entity and registering a trade/fictitious business name.

                But then again, you don't either.

                "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                by Old Left Good Left on Tue Mar 18, 2014 at 03:55:14 PM PDT

                [ Parent ]

                •  Your comments indicate you do not know what you (0+ / 0-)

                  are talking about

                  I am not going to get in an argument with you. You are very angry and as a result you were abusive so I HR'd your abusive comment.

                  BTW: You are wrong and you continue to be wrong when you keep saying
                  "trade/fictitious" is what should be filed ... you are flat wrong

                  I have corrected you on that several times so I will correct you one more time.

                  Fictitious Name Form 524A is not ... not ... what is filed.

                  Name Registration From 534A is filed.

                  Secretary of State said

                  In order to tie the Right Idea LLC with BrennerBrief, Form 534A must be filled out and in order to tie the two, the name of the LLC should be put in the place of the 'Registered Agent.' After that the Form must be approved by the Secretary of State. Once approved, the name BrennerBrief will show up in 'business search' on Ohio Secretary of State website."
                  Given you keep posting the wrong information, leads me to conclude you "deserves a fair amount of scorn for flailing about making ridiculous accusations because [you] doesn't understand the difference between registering an entity [with Name Registration form] and registering a trade/fictitious business name."

                  But even though you are perpetually wrong on that, I would HR anyone who abused you for your incorrect comments .... just like I HR'd you for your abusive comment

                  •  You are wrong. (0+ / 0-)

                    You have not "corrected" me about anything.

                    Let's look the law and the various forms.

                    According to Ohio Rev. Code 1329.01, a business may register a trade name or, if it does not register the trade name and operates under a fictitious name, it must register the trade name.  It has been established, I think, that the Brenner Brief is a business run by The Right Idea, LLC, and that The Right Idea, LLC is properly registered as an entity in Ohio.

                    The diarist is bootstrapping that failure to register Brenner Brief as a trade name or fictitious name constitutes into the claim that The Right Idea, LLC (which is the business entity under which Brenner apparently operates) might be operating without an EIN (which may or may not be required, depending on whether the LLC has employees), and/or violating employment and income tax laws and/or worker's compensation laws.  Let's get this straight:  the LLC is the entity that is potentially subject to the tax and worker's compensation laws, since Brenner Brief is only a trade name or fictitious name used by the LLC to conduct business in Ohio.

                    Name registration, which refers to both a trade name or a fictitious business name, is done on Form 534A.  Form 524A is used to update a name registration, whether for a trade name or a fictitious name.  I have no idea what your point is about form 524A, but you do appear to be confused about the two. As far as I know, no one except you and cc has mentioned either form--and, as noted, both the 534A and 524A are applicable to both trade names and fictitious names.

                    "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

                    by Old Left Good Left on Tue Mar 18, 2014 at 06:03:51 PM PDT

                    [ Parent ]

            •  i've uprated this because i see the argument (0+ / 0-)

              as valid and the hr's are in disagreement - not because this comment should be hidden.

              EdriesShop Is it kind? is it true? is it necessary?

              by edrie on Tue Mar 18, 2014 at 11:13:07 PM PDT

              [ Parent ]

      •  I don't get what the story is (4+ / 0-)
        Recommended by:
        Catte Nappe, VClib, poco, ItsSimpleSimon

        They have a blog. They probably make next to no money from it. I have a blog. I make NO money from it.

        To me, this is all petty-ante nonsense. What is important to me is that this is a STATE LEGISLATOR expressing and giving  forum to some of the most extreme views out there. I don't give a shit whether he is properly reporting $100 here and there. I do care that this guy is making our laws.

        Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

        by anastasia p on Tue Mar 18, 2014 at 10:41:08 AM PDT

        [ Parent ]

        •  Agree that what's important is (5+ / 0-)
          Recommended by:
          cosette, VClib, ColoTim, poco, ItsSimpleSimon

          His noxious views.

          However, there apparently is some money coming from someplace to support this blog business, since one of her brag points is paying her writers.

          “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

          by Catte Nappe on Tue Mar 18, 2014 at 10:49:02 AM PDT

          [ Parent ]

        •  I disagree. Rep Brenner was sued (1+ / 0-)
          Recommended by:
          cc

          in a labor law dispute with his employee and he & his wife agree to pay $20,000.00 to settled out of court.

          This is just another example that he does break state laws.

    •  Minds that know (1+ / 0-)
      Recommended by:
      Catte Nappe

      know that you can't get tax information about a third-party via a FOIA request.

      "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

      by Old Left Good Left on Tue Mar 18, 2014 at 10:40:57 AM PDT

      [ Parent ]

  •  Ya know (5+ / 0-)
    Recommended by:
    keepemhonest, TracieLynn, cosette, ColoTim, cc

    even if their business is entirely on the up and up, this WATB behavior is awesome.

    "Much of movement conservatism is a con and the base is the marks." -- Chris Hayes

    by raptavio on Tue Mar 18, 2014 at 08:49:32 AM PDT

  •  This could be fun... (8+ / 0-)

    If nobody is using the name BrennerBrief, couldn't someone else register it and then sue them for using it? I don't live in the state, but if I did it would be worth a few bucks to do it and watch the fun...

  •  These two (the Brenners) are morons (4+ / 0-)
    Recommended by:
    keepemhonest, cosette, dewtx, cc

    He, because he doesn't believe he has to answer to the electorate, and she because, well, you have clearly demonstrated why above.

    Jesus H Christ on a Stick - the sheer CHUTZPAH of these people really is a cause for concern.

    The "masters of the universe" delusion so typical of conservatives and Teahadists...

    Good on you for spending time running these issues to ground.

    America's LAST HOPE: vote the GOP OUT in 2014 elections. MAKE them LOSE the House Majority and reduce their numbers in the Senate. Democrats move America forward - Republicans take us backward and are KILLING OUR NATION!

    by dagnome on Tue Mar 18, 2014 at 09:23:34 AM PDT

    •  Personally I think it's a waste of time (1+ / 0-)
      Recommended by:
      shanikka

      running this non-issue "to the ground" when it's really incredibly trivial. It takes away from the key fact that his IDEAS are so radical and extreme that he has no business making  laws for the 99% of Ohioans who don't share them. This is what gerrymandering has wrought. Personally, I don't care about the business particulars of his little tiny blog, but about the horrific ideas the allows to be disseminated there.

      Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

      by anastasia p on Tue Mar 18, 2014 at 10:45:02 AM PDT

      [ Parent ]

  •  Hmmm... (5+ / 0-)

    This diary confuses three things about LLCs:

    1.  Where is the LLC organized?  That could be any state, not necessarily Ohio, and it would be a validly existing LLC.
    2.  What is it's federal tax status?  If owned by one person, it is a disregarded entity for federal and state income tax purposes and does not have to have an EIN.  If it has employees, it would have an EIN.  If its writers are independent contractors--which is very possible--it would not need an EIN, and probably would not be liable for unemployment insurance, either.
    3.  Failing to register with the SOS is technically illegal, but it is roughly as consequential as a parking ticket.

    "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

    by Old Left Good Left on Tue Mar 18, 2014 at 10:39:18 AM PDT

    •  Good point, it could have been formed (1+ / 0-)
      Recommended by:
      shanikka

      in another state.

      "let's talk about that"

      by VClib on Tue Mar 18, 2014 at 10:41:36 AM PDT

      [ Parent ]

    •  Thank You (1+ / 0-)
      Recommended by:
      Catte Nappe

      I was going to post something similar, especially about #1.  Just because an entity does business in Ohio doesn't mean it's organized as an Ohio LLC.  You are also correct that failure to register with the SOS in every state in which you have employees results in a fine in the most egregious circumstances.  Even when there are goods and services involved as long as you are right with the state's franchise taxing agency in terms of sales tax, there isn't a problem.

      Given all this, the diarist should actually take a step back about his hard and fast assertions of "illegal activity" because the Twitter dialogue he posted is one that if he were my client (which he is not) I'd advise him he's on the verge of getting sued.  About stuff which he's taken and run with but which he does not really have an accurate understanding.

      At this point, I just want America to admit that it still doesn't want its Black citizens to live in any state other than terror, subservience and inferiority, under pain of death. I can handle American racism, but I can't handle American denial.

      by shanikka on Tue Mar 18, 2014 at 11:00:28 AM PDT

      [ Parent ]

      •  Shanikka - did you fail to read the Diary too? (2+ / 0-)
        Recommended by:
        TeamSarah4Choice, cc

        Speaking of "not really have an accurate understanding" is within your comment.

        1) If you read my Diary, you'd know, I never said nor implied that a business in OH had to be organized as an LLC

        My diary is clear: The Brenners are claiming BrennerBrief cannot be found on the Sec of State site because it is part of their 2009 LLC

        My diary proves he is lying about that and it is not tied to his 2009 LLC.

        2) Can you prove the Brenners "are right with the state's" taxing agency in terms of all taxes including payroll?

        3) Rep. Brenner is in violation of State Statute 1329 and that means he is engaged in "illegal activities" no matter how minor.

        By the way: none of those Tweets are mine.

        •  You keep asking/telling folks that (2+ / 0-)
          Recommended by:
          shanikka, erush1345

          "Did you read the diary?" "Try reading the diary".

          Has the possibility maybe occurred to you that all these folks have indeed read your diary, and know more about the subject at hand than you do? That instead of everybody else being wrong or mistaken, that it might be you who's off base?

          And perhaps you, too, could benefit from inquiry about "did you read it", because shanikka's comment doesn't say those tweets are yours. She clearly does understand whose tweets they are. And ir appears her point is that having harvested those tweets, and now holding them up as "evidence" of illegal activity, could put you in line for legal action against yourself. It might be a good idea for you to heed that hint.

          “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

          by Catte Nappe on Tue Mar 18, 2014 at 02:18:39 PM PDT

          [ Parent ]

          •  can't speak 4KEH but it does not sound (1+ / 0-)
            Recommended by:
            cc

            like some of the people posting have read the diary.

            Seems to me the diarist answered the questions being asked by some in the diary.

            Can you tell me where the Diarist is "off base?"

            To quote you,
            you, too, could benefit from inquiry about "did you read it", because KEH's comment doesn't say he/she was accused posting those tweets. KEH said "BTW" as an FYI

            Seems to me your comments are more about some anger you have toward the diarist and not the content?  What happened? Did you have a fight with this diarist once before?

            •  Don't know the diarist from Adam (0+ / 0-)

              No history between us that I know of. Not sure I've even ever seen him/her before, or had any interaction. Don't plan to have any more, either. Y'all enjoy your windmill tilt, though.

              “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

              by Catte Nappe on Tue Mar 18, 2014 at 05:16:25 PM PDT

              [ Parent ]

        •  I Read It (0+ / 0-)

          As a general rule, unlike way too many folks here at Daily Kos, I always read before responding.

          Keeps me from looking stupid.  9 years here, it's so far continued to be a good approach.

          It's not my job to prove anything about the Brenners.  It's yours, since you're the one screaming the word "illegal" all over a public forum when you appear not to understand what it means to operate illegally (as opposed to fail to comply with a business registration requirement, which by the way exists to make sure that the public has the ability to reach a company through suit, not to define what is, or is not, legal operations.  I've done more than enough business litigation to know that.  How about you?

          At this point, I just want America to admit that it still doesn't want its Black citizens to live in any state other than terror, subservience and inferiority, under pain of death. I can handle American racism, but I can't handle American denial.

          by shanikka on Tue Mar 18, 2014 at 08:02:07 PM PDT

          [ Parent ]

      •  Yeah, because showing tweets in a Diary is illegal (0+ / 0-)
        •  Did I Say They Were? (1+ / 0-)
          Recommended by:
          Catte Nappe

          No, I didn't.

          OTOH, accusing folks of running a company illegally, where you appear not to know the difference between truly operating a company illegally and merely having failed (willfully or not) to comply with a regulation that in and of itself, given the maximum possible penalty for it, is de minimis as a matter of law (since it doesn't even rise to the level of infraction), opens one up to being held to account for libel if one is sued.

          Sometimes, folks would do well to actually talk to their own lawyer (and listen to them) rather than double down when a gentle caution like the one I levied is raised. I'm certainly not his lawyer.  Thus, I merely commented on what I would say to him if I was.

          And glib comments about Twitter being "illegal" do appear to completely miss the point of my original comment.

          At this point, I just want America to admit that it still doesn't want its Black citizens to live in any state other than terror, subservience and inferiority, under pain of death. I can handle American racism, but I can't handle American denial.

          by shanikka on Tue Mar 18, 2014 at 07:58:06 PM PDT

          [ Parent ]

      •  Oh due tell. What do you think the Diarist has (0+ / 0-)

        run with but which he does not really have an accurate understanding.

        Please tell us.

        •  Already Covered in My Original Comment (0+ / 0-)

          As well as the comments of several others in response to this diary.  Perhaps you don't have an accurate understanding of them either, since those answers are in plain sight yet you're still asking for more information?

          At this point, I just want America to admit that it still doesn't want its Black citizens to live in any state other than terror, subservience and inferiority, under pain of death. I can handle American racism, but I can't handle American denial.

          by shanikka on Tue Mar 18, 2014 at 07:58:55 PM PDT

          [ Parent ]

    •  Old Left - did you not even read my diary? (1+ / 0-)
      Recommended by:
      cc

      I did not confuse anything about the LLC

      and you clearly do not know OH state law

      per my Diary
      1) In my Diary I linked you (and all reading) to Sara Brenner's 2009 Right Idea LLC and if you bother to check the link I provide you will see it takes you to OH Sec of State database

      2) In my Diary I gave you the Ohio State Law that says "

      Ohio Statute 1329 requires all businesses, no matter how small, must register with the Secretary of State before they can legally operate in Ohio."
      3) In my Diary I gave you the Form that needed to be filled out for any business operating under an LLC from OH or from  another state
      "In order to tie the Right Idea LLC with BrennerBrief, Form 534A must be filled out and in order to tie the two, the name of the LLC should be put in the place of the 'Registered Agent.' After that the Form must be approved by the Secretary of State. Once approved, the name BrennerBrief will show up in 'business search' on Ohio Secretary of State website."
      4) Please prove proof to your comment "Failing to register with the SOS is technically illegal, but it is roughly as consequential as a parking ticket."
      •  Again, you don't understand the law (2+ / 0-)
        Recommended by:
        shanikka, Catte Nappe

        The Right Idea, LLC is registered in Ohio.

        It can do business in Ohio under a trade name or fictitious name.  So, if Brenner is using her LLC as her business entity, at worst she has failed to file for her trade name or fictitious name.

        As has been pointed out several times in the comments, the penalty for failing to register an entity is a $50 penalty when the entity registers.  That is trivial.

        I don't know what the penalty for failing to register a fictitious name is, but I doubt that it is very significant.

        "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

        by Old Left Good Left on Tue Mar 18, 2014 at 02:16:58 PM PDT

        [ Parent ]

        •  huh? You agree w/ Diarist & you don't even know it (1+ / 0-)
          Recommended by:
          cc

          Which makes me think the Diarist is right, maybe you didn't read it?

          I say this respectfully, if you read this diary you will see that the Diarist laid out exactly what you are saying.

          The Diarist laid out that in the Diary
           "Right Idea, LLC is registered in Ohio."

          The Diarist laid out that in the Diary
           "Brenner is lying and failed to file for their trade name or fictitious name" with the SoS.

          You have no idea what the penalty is. But, I will bite, where is your proof that "the penalty for failing to register an entity is a $50 penalty when the entity registers"

          you have no idea if the penalty for operating a business 'illegally' in Ohio for 2 years is insignificant" so when you make that claim it sounds like you are saying it because you have a grudge against the Diarist not because you have factual laws to support your claim.

  •  My initial reaction would be to register it myself (4+ / 0-)

    (were I in Ohio) and if the SOS allowed me to register it, put it up on a website to denounce that this BrennerBrief is not that other BrennerBrief and that they have some period of time to cease and desist using that moniker or you will pursue some action.

    Kinda like a website that hasn't been registered, right?

  •  Live in Ohio near them... (5+ / 0-)

    Not a fan of either by any stretch, but just love this puzzle...  Have you looked under her maiden name of Eichenberger?  Could this be the LLC they keep referencing? -- http://www2.sos.state.oh.us/...

    The name would make some sense given the "work" she is doing.

    •  I believe diarist already explored that (1+ / 0-)
      Recommended by:
      shanikka

      FWIW I recall it was covered in yesterday's diary. Apparently if one is doing business under the name of the other, then that also is supposed to be registered at the OH state office, with some special form, and isn't.

      “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

      by Catte Nappe on Tue Mar 18, 2014 at 02:21:54 PM PDT

      [ Parent ]

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