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Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: If I am using Dali Llama Yoga for a business name, would there be an issue or conflict with the person Dalai Lama?
James L. Arrasmith
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answered on Apr 12, 2024

There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Tennessee on
Q: Does a DE nonprofit have to file a foreign qualification in TN if the sole member/directors merely lives in Tennessee?

No business will be conducted in TN. The DE Nonprofit will not actively be seeking out donations or soliciting donations particularly from TN residents, although the NP may accept donations from TN residents. Solicitation of charitable donations will be passive from the NP website.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it is unlikely that the Delaware nonprofit would need to file a foreign qualification in Tennessee solely because one of its directors or members lives there, as long as the nonprofit is not actively conducting business in the state.

However, there are a...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a California notary form a LLC in California?
James L. Arrasmith
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answered on Apr 9, 2024

Yes, a California notary public can form a Limited Liability Company (LLC) in California. However, it is important to keep the notary business separate from the LLC.

Here are a few key points to consider:

1. Separate entities: The notary commission is granted to the individual, not...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a notary in CA form a LLC
James L. Arrasmith
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answered on Apr 9, 2024

Yes, a notary public in California can form an LLC (Limited Liability Company). However, they would be doing so in their capacity as an individual, not in their official role as a notary public.

In California, any individual can form an LLC by following these steps:

1. Choose a name...
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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Wyoming on
Q: Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad?

Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad? To be clear, I am considering opening an LLC in Wyoming from abroad (Poland) as a non-resident. When I do it, I will provide bookkeeping services for US-based businesses (small... View More

James L. Arrasmith
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answered on Apr 8, 2024

As a non-resident owner of a U.S. LLC operating from abroad, you generally do not need a visa or work permit to provide services remotely to U.S. clients. However, there are several important considerations:

1. Taxation: As an LLC owner, you will be subject to U.S. tax obligations on your...
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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

Micah Barrett
Micah Barrett
answered on Apr 5, 2024

I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More

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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

James L. Arrasmith
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answered on Apr 5, 2024

The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More

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1 Answer | Asked in Business Formation, Business Law and Copyright on
Q: Do I need a license or partnership with Ludo studio to print Bluey on merchandise?

How can I legally print Bluely on my merchandise or any other cartoon?

James L. Arrasmith
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answered on Apr 3, 2024

To legally print Bluey or any other cartoon character on merchandise, you typically need to obtain a license from the copyright holder or their authorized licensing agent. In the case of Bluey, the intellectual property rights are held by Ludo Studio, BBC Studios, and Disney.

Here are the...
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1 Answer | Asked in Business Formation for New York on
Q: Good evening, I have a business name registered as a not for profit in NYS. Can I change it to an LLC?

I registered the name in New York State as a not for profit organization. I have not done anything thereafter--all I have is just the name. However, I realize that I would rather have a LLC instead. How can I change the name to a LLC? Or must I come up with another name and register it as an LLC?... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You say you registered a "name". And, in another place, you call the existing not-for-profit entity an "organization." Even if it were an LLC, you need to form a new LLC since that entity was formed and exists under a special provision of the law. If there were significant... View More

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I need to know how to open a business checking account for my LLC, in my unique situation.

So I'm 15 years old and I live in Maryland. I have started an LLC for my soon to open T Shirt business that I'm starting. I formed it as a single member LLC and got my Articles of organization, EIN and all that stuff. My next step was to get a business checking account but I just learned... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

You are correct. You have to be 18 years of age or older to open your own bank account without your parent's authorized as joint account holders. To my knowledge, there are no loopholes to this requirement. To put it simply, there is no way around this without adding your parents to your... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Wisconsin on
Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization similar to Habitat for Humanity decided to give away houses along with the land, several implications arise. First, the recipients would gain significant financial security and a sense of permanence, as owning both the house and the land secures their place in the community and... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If this is viable Not-For-Proft (or Non-Profit as some refer) then as long as they are within the bounds of non taxable gifts to their recipients. If the recipients are low income and qualify under the “NFP” charitable purpose then the donor would have a charitable deduction and the recipient a... View More

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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

Temitope Oluwatoyin Siyanbade
Temitope Oluwatoyin Siyanbade
answered on Mar 18, 2024

It depends. When exploring whether you can use a name without running into issues, you have to do a trademark search. The most basic trademark search can be done using the USPTO's website, but you have to search variations of the word or phrase that you are interested in search. The reason... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

James L. Arrasmith
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answered on Mar 20, 2024

Starting a company named “Natura Wipes” and selling 99.9% water-based, chemical-free baby wipes could raise legal considerations you need to address. The first step is to ensure that the name “Natura Wipes” is not trademarked by another company in your country or region, as this could... View More

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1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: I'm starting a online viral Aromatherapy service and would like to know if a business trust is possible to setup.

I would also like to know if a phase that is the business name should be trademark

James L. Arrasmith
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answered on Mar 15, 2024

Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

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