This is not to be cheeky, but if you are more than 1 person than you are not technically a sole proprietor, but rather a general partnership. Here is a link to the California Corporations code:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=16001-17000&file=16201-16204

If (big IF) someone were to invest, they might deemed a partner rather than just a passive investorand subject to liability for the companies debts.

I don't want to chastise a young game developer for trying to get started in the industry on your own, but posting vague information about your company on a public forum and then rebuking posters who take your ambigous statements at face value when they make comments is not a good start, especially if you want free help from professionals that may have experience at starting their own development studios. It's far easier to learn what you don't know first and then ask questions.

Free advice is free advice. Take it or leave it, but don't flame posters for offering it. Good luck!

I understand what you mean kdog, and I don't mean to offend. But, I never asked for legal advice :) My original post simply asked the world at large to spread the word that we're seeking investment.

And, bp isn't a partnership. It's a sole-proprietorship--I'm using an investment model found on Gamasutra.com that has been successful for some indie developers (see http://www.gamasutra.com/php-bin/news_index.php?story=24686) where you use a faux stock market model of selling residuals to your investors. Thanks anyway, everybody, but no more legal advice. I trust my lawyer more than the Internet!

Last time I checked Gamasutra doesn't offer legal or investment advice. Gabe Newell is certainly interesting, but believe me Valve doesn't run on the "virtual shares" indie model that the article promotes.

I may have misread your company website, but if you are a "co-founder" that indicates there is more than one founder. Unless you have a written agreement stating you are not partners, than I am sorry to inform you that in California you are a partnership. Ask your attorney friend to confirm, I don't think I misread the statute.

I respect the fact you are not asking for legal advice here, nor would I expect you to rely on any advice provided on the internet. However the words you are choosing to describe your fund-raising activities can lead others to assume that you are using the legal definitions of those terms. Experienced investors will realize you don't understand those terms and shy away from investing in your company. The fact you are not incorporated would be a big enough red flag for me, but I digress, because the reality is no one except maybe friends and family will invest in your company until you show that you can get a title to market and turn a profit. That's as true for AAA developers as it is for start-ups so please don't think I am being harsh just to make a point. At best you will get the experience of starting a company and maybe learn a few more things along the way.

Quote:Original post by kdog77
I may have misread your company website, but if you are a "co-founder" that indicates there is more than one founder. Unless you have a written agreement stating you are not partners, than I am sorry to inform you that in California you are a partnership. Ask your attorney friend to confirm, I don't think I misread the statute.

I'm sorry if this sounds rude, but I'm growing weary of repeating myself:

BOREDOM'S PRODUCTS IS A SOLE-PROPRIETORSHIP.

It was filed with County Clerk Donna M. Johnston in Sutter County, CA, on Septemper 11th, 2009. Brandon Joseph Higley is the individual registrant.

For all legal purposes, Brandon Higley (me) is the sole owner of bp. My brother has an equal creative stake in all ventures bp undertakes, but in all legal matters, he is not a co-owner of the company.

He did go to the County Clerk with me, though. :P