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answered on Apr 12, 2023
It depends on a number of factors. First, we would need to know what the legal entity is - an LLC or Corporation. An s-Corp is a tax designation. You should consult a business lawyer in your area to make sure any transfer is done correctly.
Hi,
I'm starting a tech startup and using freelancers on Upwork. In the event of an acquisition or sale, I know acquiring companies sometimes want to see agreements for contractors. I'm wondering if Upwork's terms are sufficient or if I need a supplemental... View More
answered on Jan 23, 2021
I would want my own agreement with a contractor. You want to be sure you own the IP and that the contractor is not using someone else’s work. There are many considerations that need to be looked at with this type of arrangement. Just a brief look at that link, it looks like optional provisions... View More
I used the lower priced company. Am I responsible for anything from the higher priced company?
answered on Jun 13, 2019
This question cannot be answered without seeing what you signed. You should contact a business attorney to review what you signed and advise you of any obligations you agreed to.
As my business scales, I'm finding it necessary to leverage some sort of written protection to not only outline my level of service offering(s) to my clients, but also a way to outline the duties of the staff I will be hiring. I want to ensure all parties are clear on what each party provides... View More
answered on Jun 11, 2019
It is a great idea to speak with a business lawyer so that all of your relationships and transactions are based on a solid contract.
As per Florida statute (Instruction of Article of Organization (FL LLC) on sunbiz website), I am planning to submit application on 06/01/2019 for Single Member LLC to start consulting business (home based) providing engineering advising services but I will keep the LLC Effective Date of 08/15/2019... View More
answered on May 22, 2019
You will not have an active LLC until the date of filing so you cannot hold yourself out as conducting business under that name until it is active. You will be a sole proprietor until you have an active LLC. I recommend speaking to a business attorney because there is a lot more to starting your... View More
I'm not ready to retire and would like to keep the business going for a bit longer. We can't come to an agreement on this. What should we do?
answered on Oct 12, 2018
There are a lot of fact specific issues that just be known before answering this question. What type of business entity do you have? Depending on the type of entity, do you have an operating agreement or buy sell agreement in place that specifies the steps needed to be taken for this type of... View More
answered on Sep 25, 2018
The type of business entity you choose will be specific to your facts and goals. You should speak to a business attorney to find out which type of entity is right for you.
answered on Sep 11, 2018
You can draft the bylaws to provide for both CEO and president to be separate offices in the corporation, but a single individual acting in both capacities. Whether this is a wise decision or not depends on your particular circumstances.
I also own a business that hasnt gotten off the ground yet prior to this job.
answered on Sep 11, 2018
A non compete does not need to list specific competitors. As far as geographic boundaries, the entire agreement would have to be reviewed in order to give an answer. There are also other factors, such as duration, that would need to be reviewed in order to determine the validity of the agreement.... View More
Position was in employment recruiting
Individual opened own business in Nevada 1 year after leaving company
answered on Aug 20, 2018
It depends. There are other factors that need to be considered but the statutes presume a reasonable time is 6 months or less. Generally, more than 2 years is considered unreasonable. For provisions between 6 months and 2 years, there is no presumption as to reasonableness and other factors... View More
answered on Aug 18, 2018
You can but it would not be recommended. You should form a business entity first so that you have personal liability protection.
I’m a re agent and I brought a coworker/friend from another company as part of my sphere (family, friends). I have since moved to another RE office. They my friends/customer have moved with me. Is the law enforceable in this case?
answered on Aug 18, 2018
To answer your question, an attorney would have to review the noncompete agreement that you signed with your employer.
answered on Aug 17, 2018
To ensure optimum protection, you should obtain insurance right after the business is formed.
The sale is going through a broker. What type of lawyer do I need? And what should I look out for. I received a sample letter. Would like to review with attorney as well as any other documents that may come up as well as due diligence of the business.
answered on Jul 20, 2018
You will need a business lawyer. Look for one that concentrates in business law so that they will have experience with purchases.
they said that they would distribute internationally and they have a street promo team they will use as well but its not mentioned in the contract. does that mean if i sign they are not legally responsible to hold up to their word pertaining to that.
answered on Jul 18, 2018
Without seeing the contract, it is hard to answer your question. Generally, if it is not written in the contract, it will not be enforceable. One of the most important purposes of having a written contract is to get all parties to specifically write out exactly what they are agreeing to. You... View More
answered on Jun 23, 2018
Copyright protects original works of authorship including "literary, dramatic, musical, artistic, and certain other intellectual works." Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S.... View More
answered on Jun 18, 2018
I would need more facts to provide an answer. Is this an asset or stock purchase? Also, there are several types of business entities besides a corporation and this should be discussed with an attorney who knows the facts of your situation. Buying a business is a big deal and you should make sure... View More
answered on Jun 13, 2018
It depends on what type of business you are registering. Check out the Florida Department of State, Division of Corporations' website.
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