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Idaho Business Law Questions & Answers
2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

James L. Arrasmith
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answered on Jan 6, 2024

Yes, you can operate your LLC in Idaho even if it is incorporated in Delaware. Many companies choose to incorporate in Delaware for various legal and financial benefits, but they can conduct business in other states. However, you will need to register your Delaware-incorporated LLC as a foreign... View More

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2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Idaho on
Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?

An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.

I am fine with my brother having sole directorship... View More

James L. Arrasmith
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answered on Dec 31, 2023

Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status... View More

1 Answer | Asked in Contracts, Business Law and Collections for Idaho on
Q: My Idaho corporation loaned 250000 to a LLC in Texas and I need to get my money back. Do I need a lawyer in Texas?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2022

Probably but you might be able to sue in Idaho. You should consult an Idaho lawyer with your promissory note or contract to determine where you can file suit.

1 Answer | Asked in Contracts, Tax Law, Business Law and Real Estate Law for Idaho on
Q: How do I get copies of my HOA’s accounting records in Idaho if I suspect wrongdoing or incorrect bookkeeping?

I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.

Kevin M Rogers
Kevin M Rogers
answered on Oct 11, 2022

I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... View More

1 Answer | Asked in Products Liability and Business Law for Idaho on
Q: Do we have to have general liability insurance for our go karts or can we just have customers sign waivers?
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. Until you're able to arrange a meaningful consult with a local attorney, it's worth noting that nationwide, liability waivers are not a substitute for insurance. They can have limitations. You could... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Idaho on
Q: what kind of lawyer am i looking for. idaho bad car from a dealer

i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 2, 2021

The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a... View More

1 Answer | Asked in Divorce and Business Law for Idaho on
Q: If I financed the acquisition of my son's business, it it considered community property in a divorce?

I gifted him stock which he sold to afford the purchase

Kevin M Rogers
Kevin M Rogers
answered on Oct 4, 2020

It sounds like personal property by gift, if it can be substantiated, and therefore, NOT community property!

1 Answer | Asked in Business Law for Idaho on
Q: Can we break contract with our HOA property mgmt for (again) failing to submit our annual report with Secretary of State

The company that we as a community wanted to fire last year, got us on contract again thanks to failure to act by our Board. They have again failed to file our annual report with the Idaho Secretary of State, thus administratively dissolving our HOA.

Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

An HOA contract is just that, a contract. The HOA is a selected (or elected) group of home owners who act on behalf of the entire plat of homes. If you have a copy of the contract please read it carefully. It will dictate how and when a home owner(s) may dissolve the board. Unless the contract... View More

1 Answer | Asked in Banking, Business Law and Tax Law for Idaho on
Q: Do non-resident LLC owners have the right for Tax Return based on income?

Im currently building a delivery startup LLC in Idaho, US. Im a resident and one of the partners as well, while two other partners are non-residents, who live in Europe.

Is 35% of total income or just the part of income that is distributed to foreign owners withheld for taxes?

Do... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 2, 2020

Foreign owners of an LLC report on a Form 1120 and 5472.

There are withholding requirements for foreign owners of an LLC.

I don't what tax return based on profits means.

LLCs are not taxed. The income flows through to the members. The foreign members will have...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 21, 2020

Hi here is some information for you.

Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,

You could use the District Court’s (Small Lawsuit) method. Idaho...
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1 Answer | Asked in Business Law and Contracts for Idaho on
Q: I believe my parents business broker and buyer took advantage of my mom after my dad died.

Hi, while my parents were trying to sell their business my dad passed away and I believe my parents business broker and the buyer took advantage of my mom while she's was grieving. She signed the papers to sell two weeks ago the new owner took over but she still hasn't been paid. The new... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 19, 2020

Possibly. Grieving is not a legal reason to avoid a contract. What you should do is gently question your mother and find out why she agreed to the terms the buyer offered? Was your mom represented by a realtor or attorney? Why weren’t you there to help her in the closing?

1 Answer | Asked in Business Law and Consumer Law for Idaho on
Q: I am interested in finding how to collect monies from Amazon. Its called-Prime Profit. Please let me know.

The money comes from a tax on Amazon. How do i get a piece of it ?

Kevin M Rogers
Kevin M Rogers
answered on Oct 24, 2019

I didn't know that private citizens were entitled to share in a tax imposed upon Amazon? What makes you think that you're entitled to take part of a tax that Amazon has to pay based upon, what? I need a LOT more information before I could give you a very good answer.

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on
Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... View More

Michael Hales
Michael Hales
answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales
answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

3 Answers | Asked in Business Law and Small Claims for Idaho on
Q: Verbal business agreement to buy wood. Wood was not fully delivered and payment was made. The seller refused to deliver.

3 cords of wood were bought and the seller only delivered 1 1/2. Stated that the rest would be delivered the next day. It has been 2 months and wood or money has not been returned.

Michael Hales
Michael Hales
answered on Oct 29, 2018

Although you don't have a writing, it appears that you have evidence that a contract was entered. It will now be an issue of forcing delivery. Please contact an attorney if you need assistance.

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1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... View More

Michael Hales
Michael Hales
answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

1 Answer | Asked in Business Law for Idaho on
Q: What is the law for having a treasure hunt to win cash prizes when the clues to find it are paid for?
Michael Hales
Michael Hales
answered on Apr 17, 2018

This is kind of a tough one because it really depends on the scope of the project. I imagine that advertising, registration, and consumer laws will all come into play. I'd recommend discussing this with an attorney to get a detailed answer.

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: Who is responsible when suing an LLC?

I had an LLC do a $15k backyard project in October 2017, issues have risen and I am now planning to take the company to small claims. I learned that the company switched owners at the beginning of March 2018 and the new owners are now claiming they are not responsible. It is all listed under the... View More

Michael Hales
Michael Hales
answered on Mar 28, 2018

The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?
Michael Hales
Michael Hales
answered on Mar 9, 2018

It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

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