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Posted: 7/14/2021 11:35:28 AM EDT
I have a LLC and I have an approved SBR on a Form 1. If my son is on the LLC "or" will be added to the LLC how do I add him as a responsible person?
Talk to the attorney that set your LLC up. Responsible person is the term the ATF uses for people who will be using the NFA item. RP's would be all the trustees on a trust, not sure on an LLC as it would depend on how it's setup.
IANAL, but my understanding is that you simply add him to the LLC using your state's rules for that. There is no need to add him a responsible person with the ATF.
This is how multiple gun trust sites do it, an LLC should be the same as the trust/LLC is the owner, there is no transfer going on. The ATF Form 1 is for making an NFA item, Form 4 is for transferring. Since neither is happening here, nothing should be needed.
From the ATF FAQ (pdf)
Q: Will new responsible persons, added after the making or transfer, be subject to the same
A: Once an application has been approved, no documentation is required to be submitted to ATF when a
new responsible person is added to a trust or legal entity. However, should a responsible person change
after the application has been submitted, but before it is approved, the applicant or transferee must
contact the NFA Branch for guidance.
Originally Posted By BigWaylon:
If your asking about the legal/LLC side, that’s simply dependent on the LLC and how changes are made.
If you’re asking about the ATF side, the answer is nothing needs to be done…just like the post above says. You’d simply have to do the 5320.23/photo/prints with future submissions. No proactive notification required. (This is also why some will say remove everybody but you, submit, add everybody back…which is perfectly legal)
Or do a new trust/LLC for each submission, then add people after approval.
Ok what happens if he was already on the LLC prior to the Form 1 submission and a responsible persons form wasn't submitted for him since he wasnt going to be involved with NFA but now wants too and the FOrm 1 was approved without his RP form? Do we have to add him as a RP? and if so how do we do it after the fact?
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