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Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Maryland on
Q: I am a new real estate agent serving Maryland. Is the use of the word “Realty” prohibited in my business name?

I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.

As advised I’ve created an LLC (Carla Clemente Realty)... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 26, 2023

Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.

You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut...
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1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »

1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... Read more »

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... Read more »

1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for California on
Q: Hello, I'm looking to start an adult entertainment buisness/ studio.

Hello,

I'm looking to start the above buisness and want to know;

1. How to start it and run it in CA.

2. How to make a consent contract for it.

James L. Arrasmith
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answered on May 11, 2023

Here are some general points to consider:

Business Formation and Licensing:

a. Choose a business structure: Determine the most suitable legal structure for your business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with an attorney or business advisor to...
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2 Answers | Asked in Business Formation, Business Law and Immigration Law for California on
Q: Can I own and operate an E-commerce business under LLC if I on a H1B Visa?

I am currently a non-immigrant on a H1-B visa working on W2.

I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.

Now I know that according to USCIS I can own an LLC but can't work... Read more »

James L. Arrasmith
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answered on May 11, 2023

Under the H1-B visa program, your primary purpose is to work for your sponsoring employer, as indicated on your W2. Engaging in self-employment or actively managing a business may not be permissible under the terms of your visa.

While you may be allowed to own an LLC as a passive investor,...
Read more »

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1 Answer | Asked in Business Formation, Business Law, Contracts and Education Law for California on
Q: If education therapy as a profession is not regulated in California, why are university extension programs in business?

Students who are awarded a certificate of completion in ED Therapy, believe that they are qualified to address a student’s social emotional needs. They also promote themselves as being capable of performing educational evaluations. They charge exorbitant fees knowing full well that the... Read more »

James L. Arrasmith
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answered on May 9, 2023

Hi there!

In California, education therapy is not a licensed or regulated profession, meaning that there is no official body or government agency responsible for overseeing the education therapy industry. This lack of regulation can create confusion and uncertainty for individuals seeking...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Local Tax Exempt Organization - how should a Board of Directors be constructed? Worried about losing control of entity.

Local Tax Exempt Organization IRS 501(c)(3) - how should a Board of Directors be constructed? I am worried about losing control of entity. What defensive measures can be instituted to prevent loss of voting control? I am the founder of the entity. This will be a big entity someday- tremendous... Read more »

Matthew Morris
Matthew Morris
answered on May 2, 2023

You ask a question that many founders of nonprofits ask. And lawyers who work with nonprofits inevitably deal with the situation that you fear: a board of directors who develop a different view of the direction to take the organization than the founder's view, resulting in strife and board... Read more »

2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
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answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
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2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Matthew Morris
Matthew Morris
answered on May 2, 2023

The requirement for three unrelated directors is not a hard and fast rule. It is true that the IRS's Technical Guidance (the internal document that IRS uses to guide its revenue agents if they find themselves auditing a 501(c)(3)) teaches their agents that a small board of related people might... Read more »

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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Hello, I’m currently under OPT working for an American company. Can I still create an LLC for my side business?
James L. Arrasmith
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answered on Apr 27, 2023

As an OPT holder, you are permitted to engage in certain types of employment, including self-employment, as long as the work is directly related to your field of study and you are authorized for the OPT. Therefore, you may be able to create an LLC for your side business while on OPT, as long as the... Read more »

1 Answer | Asked in Business Formation and Business Law for Washington on
Q: I have a sole proprietorship business but would be safer to have an LLC for liability reasons?

I have a sole proprietorship plumbing business but have been told by other business owners lately that I should have gone with an LLC. I am fully insured, bonded, and licensed but I want to make sure that will protect my personal assets if something does happen one day. I have been researching how... Read more »

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

An LLC can certainly provide an additional level of protection for your personal assets, when properly set up and properly run. But, as you pointed out, you would likely need to open a new bank account and set up your license, insurance, bond, etc to reflect the LLC. Some of those things you might... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: I was planning to self publish a book and have a publishing company with a DBA. My plan was to publish under a pen name

I was planning to self publish a book and have a publishing company with a DBA. For the author name, I would be using a pen name.

I have seen conflicting information on if an LLC would help protect personal assets for self-published authors. It sounds like both the LLC and author both could... Read more »

James L. Arrasmith
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answered on Apr 24, 2023

As a self-published author using a pen name and a publishing company with a DBA, it's natural to be concerned about potential legal liabilities and asset protection. While forming an LLC can offer certain legal protections for businesses, it's important to understand that an LLC may not... Read more »

2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 24, 2023

The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... Read more »

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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

James L. Arrasmith
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answered on May 2, 2023

The cost of obtaining a trademark for "Train Like A Freak" would depend on various factors, such as whether you hire an attorney or file the application yourself, the number of classes of goods or services you apply for, and the potential challenges or oppositions to your application.... Read more »

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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Q: As a 17yo, can I start a funded forex trading account, and then withdraw the profits I earned when I turn 18?

I don't have a bank account but when I turn 18 I plan on creating one and linking it to my trading account.

James L. Arrasmith
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answered on Apr 18, 2023

As a 17-year-old, it may be difficult for you to open a funded forex trading account as most brokers require their clients to be at least 18 years old. Additionally, you may need to provide proof of identification and a bank account in your name to start trading.

Even if you manage to open...
Read more »

1 Answer | Asked in Business Formation and Estate Planning for Pennsylvania on
Q: What process is required to give Personal Rep authorization to windup a PA LLC where the sole member has died?

Sole member of small PA LLC has died. Operating agreement dissolves the LLC upon member death. Personal Rep wants to wind up and terminate the LLC. Personal Rep has letters testamentary. What PA Dept of State forms (filing of certificates), or processes, are required to authorize Per Rep to wind... Read more »

Michael Cherewka
Michael Cherewka
answered on Apr 18, 2023

The Personal Rep has the authority to wrap up the LLC as you describe it. There is a Dissolution process in PA for ending an LLC, which includes collecting all revenues and accounts receivable, paying all costs and debts of the business, getting tax clearances from the Department of Revenue, and... Read more »

2 Answers | Asked in Business Formation for Florida on
Q: How can i transfer or record ownership of an s-corp?
Keith Kanouse
Keith Kanouse
answered on Apr 12, 2023

If you have stock certificates, you can do it by signing an Assignment Separate From Certificate, attached it to your stock certificate, mark cancelled on the stock certificate and issue a new certificate in the new owner's name.

607.0626 Shares without certificates.—...
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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: LLC in MT. Social Media Platform. Paid Membership from all states. Do I need to Register the LLC in all States? Thanks!

This is an internet-based social media platform with a paid membership model. I want to form an LLC for the business in Montana. Members may reside in any number of States. Lets say a person resides in Texas or California decides to become a member and pays for membership, is the Montana based... Read more »

James L. Arrasmith
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answered on Apr 6, 2023

If your LLC is based in Montana but has members in other states who pay for membership, you may need to register your LLC as a foreign LLC in those other states, depending on their specific laws and regulations.

Many states require foreign LLCs to register with the state in order to conduct...
Read more »

Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
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Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

James L. Arrasmith
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answered on Apr 1, 2023

As an artist, it is important to be aware of copyright laws and to make sure that any images you use are either in the public domain or available under a license that allows for commercial use.

While some images of professional sports teams may be considered "royalty-free," this...
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