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Questions Answered by Jennifer Newton
1 Answer | Asked in Contracts for Florida on
Q: hi if i have a binding arbitration clause in a contract can i still sue the person in small claims
Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

If your contract includes a binding arbitration clause, it generally means that disputes arising from the contract must be resolved through arbitration rather than through court proceedings, including small claims court. By agreeing to arbitration, both parties typically waive their right to sue... View More

1 Answer | Asked in Business Law and Securities Law for Maryland on
Q: I am planning to manage investment portfolios for friends and family through an Interactive Brokers (IBKR) account

I am planning to manage investment portfolios for friends and family through an Interactive Brokers (IBKR) account while residing in Maryland. I will have less than $25 million in assets under management and fewer than 15 clients. Given these parameters, do I qualify for the de minimis exemption... View More

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Thank you for reaching out regarding managing investment portfolios for friends and family through an Interactive Brokers (IBKR) account while residing in Maryland. Based on your parameters of having less than $25 million in assets under management and fewer than 15 clients, you may likely qualify... View More

3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.

First, verify the legal ownership of the business name. If you registered the LLC under this name and...
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2 Answers | Asked in Business Formation and Business Law for Indiana on
Q: What licenses or certifications do I need to start a business on Printify in Indiana?

I don't know if I need to create a tax ID, register my proposed business entity as a business, or whatever else I might need to do to start a business. I don't want to get in trouble later for something I didn't do today.

Jennifer Newton
Jennifer Newton
answered on Jul 2, 2024

To help you get started, here are the key steps you should consider when starting any business:

Business Structure: Decide on your business structure (e.g., sole proprietorship, LLC, corporation). Many small business owners choose an LLC for its liability protection and tax flexibility....
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2 Answers | Asked in Contracts for Florida on
Q: Is it posible to recover my money ?

Hi , I hired an AMAZON AUTOMATION company to manage my Amazon store , they charged $40,000 , we signed a contract for 12months , they generated some sales for about two months and then they stop , last thing they were gonna order products from China , I paid them $10,000 , it’s been two months... View More

Jennifer Newton
Jennifer Newton
answered on Jul 1, 2024

To recover your money from the Amazon automation company, start by reviewing the contract to check for any breaches of terms and any dispute resolution clauses. Document all communications, payments, and service logs to build your case. Send a formal demand letter to the company, requesting either... View More

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1 Answer | Asked in Banking, Business Formation and Business Law on
Q: What business license is required to operate an escrow service for consumers? Home renters are my customers.

My startup allows home renters to put their security deposit in my platform when they rent homes. I return the money back after their lease ends minus the fees for the service. What type of license is needed to run this? Its like a consumer escrow i think

Jennifer Newton
Jennifer Newton
answered on Jun 17, 2024

Your startup idea is indeed similar to a consumer escrow service, which typically involves handling financial transactions and holding funds on behalf of your customers. Operating an escrow service generally requires specific licensing and regulatory compliance, which can vary by state.

1 Answer | Asked in Business Formation for Illinois on
Q: I'd like to start a small business in the form of a wellness center. What kind of ownership structure would I need?

The wellness center would focus on physical fitness and recovery but would also hope to drive a lot of community value by being very active with the locals in terms of volunteering and events. It would ideally be a holistic approach to serving the community as well as the members themselves. I want... View More

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

Choosing the right ownership structure is crucial for both the success of your wellness center and your personal and financial interests. Here are a few options to consider:

Sole Proprietorship: As the sole owner, you would have complete control over the business. This structure is simple...
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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

1 Answer | Asked in Business Formation for Illinois on
Q: Can you please help me understand if my company requires foreign llc formation

-Business Owners/Cofounders: 3

-Business Nature: Online digital marketing agency offering online services, no physical locations, completely remote work

-Business Owner Locations: Florida, California, Ohio

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

To better understand whether your company requires foreign LLC formation, we need to clarify what you mean by "foreign LLC." In general, a foreign LLC refers to an LLC that is registered to do business in a state other than the one in which it was originally formed.

Here are a few...
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1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Illinois on
Q: Can a person start a small thc edibles business in Illinois?

Is it possible for a person to have a legal business similar to a cottage food license in Illinois for selling edibles containing THC?

Jennifer Newton
Jennifer Newton
answered on Jun 8, 2024

Starting a THC edibles business in Illinois requires obtaining an infuser license from the Illinois Department of Financial and Professional Regulation (IDFPR). THC edibles cannot be produced under a cottage food license due to stricter regulations. Compliance involves ensuring product testing,... View More

1 Answer | Asked in Business Law on
Q: Can one director withdraw money from the corporate account without approval of the other director? Business is 50/50.

Transferring funds into their separate holding company for personal use, not for business expenses/suppliers.

Jennifer Newton
Jennifer Newton
answered on Jun 5, 2024

In a 50/50 ownership structure, one director typically cannot withdraw funds for personal use without the other’s approval. Such actions may breach fiduciary duties and could have legal consequences. You'll want to check your company’s bylaws and shareholder agreement for rules on... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Can my Board of Directors of my Non for Profit, re write the bylaws to change the definition of a membership of the org?

We want to have just the board of directors and teachers committee vote on board seat vacancies and we don't get a lot of membership activity to warrant their input, other than their regular participation in weekly sits (Meditations and Dharma Talks)

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

Yes, your Board of Directors can generally amend the bylaws to change the definition of membership and voting rights, provided that the current bylaws and your state laws permit. Here would be the steps:

Review Current Bylaws: Check for the amendment process.

Draft Amendments:...
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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

To address this issue, you'll need to take the following steps:

Contact the website and send a formal request to the website's administration, demanding the immediate removal of the videos. This request should include:

-Identification of the specific videos in question....
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1 Answer | Asked in Business Formation and Business Law on
Q: There are four person going to start a business. Two are investors two are handlers.

One person from handler is the one who made idea and found investor to start it. He knew investor and handler and he is the source developer and we can say manager. I want to know the profit division of this business .

Jennifer Newton
Jennifer Newton
answered on May 31, 2024

Determining the profit division in a new business with multiple stakeholders requires careful consideration of each person's role, contributions, and the agreements among all parties involved. Here’s a general approach to structuring the profit division for your business involving two... View More

2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

After reviewing the details of your investment in the cannabis business in Oklahoma and the issues you've encountered, here are some potential legal actions you can take :

Demand Letter: Initiate with a formal demand letter requesting the return of your $100,000 investment. Clearly...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Arizona on
Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be... View More

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: How much does it cost for necessary paperwork to be able to operate a food trailer in Palm Beach Florida?

What would an attorney charge me to aquire lisence/permits for food trailer?

Jennifer Newton
Jennifer Newton
answered on Jul 15, 2024

The costs involved for the required licenses and permits can vary depending on several factors, such as specific local regulations and the type of food services you plan to offer. To provide you with an accurate estimate, we recommend scheduling a consultation with an experienced attorney.

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