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Questions Answered by David Weinstein
2 Answers | Asked in Business Law for New York on
Q: I currently have an active LLC, but use many names under neath. The dba certificate is asking for my name, do I put LLC?

Trying to figure out how to associate any DBA's I file with my LLC versus my name. The sheet asks for "your name is"

David Weinstein
David Weinstein
answered on Sep 25, 2017

Corporations, limited partnerships, and limited liability companies are required by statute to conduct activities under their true legal name. If a corporation, limited partnership, or limited liability company desires to conduct activities under a name other than its true legal name, a certificate... View More

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3 Answers | Asked in Business Law and Civil Litigation for New York on
Q: Sue for beach of fiduciary duty in foreign-registered state of business?

I'm a shareholder in a Delaware corporation, but their headquarters is foreign-registered in another state. Our shareholder agreement stipulates "Governing Law" to be Delaware. Can I sue for breach of duty to loyalty in a state where they are foreign-registered, either New York or Oregon?

David Weinstein
David Weinstein
answered on Sep 25, 2017

The first thing you need to do is see if the shareholders agreement provides for the location where all disiputes are to be resolved. You also have to make sure the shareholders agreement does not provide for a specific method of resolving disputes such as arbitration. Assuming it is silent on both... View More

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