Compliance & Filings
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Intro
Let’s start off by discussing the undeniable absolutes of Transportation and Logistics. Here in the following comments, you can read all about the various requirements when it comes to commercial transportation filings. You will learn why these filings are both necessary and beneficial to you and your trucking company. Please, take your time to read through here and fully understand the depth and seriousness of getting these done correctly the first time.
DBA v. LLC
Doing business as (DBA) is a business structure in which a business operates under an assumed name, however, your legal name does not change from your personal name. Meaning your DBA is NOT the legal name of the business. When you register a DBA, your legal name is the same as your personal name, which then allows you to operate and do business activities under your assumed name. Any lawsuits resulting in victory for the plaintiff, or anything awarded to the plaintiff, then you, as the DBA “owner” are held PERSONALLY liable to uphold and pay for any judgments that might have been made against your assumed name. In layman’s terms, ANYTHING in YOUR PERSONAL NAME can and will be liquidated, in order to satisfy the judgment against the DBA (a.k.a. YOU).
A limited liability company (LLC) is a business structure that protects its members from personal responsibility for its debts or liabilities. An LLC does not use your personal name as your legal business name; albeit only associates your personal name as a member of the business without holding you personally responsible in the event of any business losses or lawsuits. In layman’s terms, anything in your personal name cannot and will not be liquidated, in order to satisfy the judgment against the LLC.
SSN v. EIN
Your personal SSN (Social Security Number) is used when your company is set up and operating as a DBA. When you set up an LLC for your company, you would also want to set up an EIN for your company, which is an Employer Identification Number. This will be what you use in place of your SSN when filling out financial information, which you will have to do to be in trucking.
USDOT
Motor carrier companies that are transporting freight at a gross weight of more than 10,000 pounds, must register with the FMCSA and obtain a USDOT number to operate legally. Your USDOT number is an identification number linked to you and your company. This is used to identify and record any information collected during safety inspections and/or compliance audits for the entirety of your company’s existence. USDOT numbers are non-transferable between individuals, but you can have multiple USDOT numbers as an individual.
BOC-3
A BOC-3 form filing is a federal filing that assigns a process agent to accept legal documents on the behalf of the motor carrier company for every state in which it does business in. A BOC-3 filing is required to be filed through the FMCSA before you will be granted the authority to operate. Please note that a BOC-3 filing is an annual filing that must kept up to date with accurate information and be filed each year.
UCR
When you plan to operate commercial vehicles for interstate commerce, meaning crossing state lines for compensation or pay, then you are required to file and pay for your UCR. The Unified Carrier Registration Program is a federal law that mandates motor carriers to pay an annual fee based on the size of the fleet for each trucking company. The cost of the UCR filing is set annually for each fleet size, by the federal government.
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