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Questions Answered by Shawn R. Jackson Esq.
1 Answer | Asked in Consumer Law and Business Law for California on
Q: I ordered an item online, then cancelled the order. The order was delivered to me, and my money was also refunded.

Can I keep it... with out getting in trouble legally?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 17, 2021

... or you could do the "right thing" ... make a decision as to whether you want the item or not ... and notify the company ... and either pay for it or return it ... many companies are struggling

2 Answers | Asked in Business Law for California on
Q: business paid half for work i had contract for 2 years ago they are coming back and wanting that money back

had contract, got half money, bought equipment, head guy died project put on hold two years later nothing now they want the money back.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 7, 2021

As you might imagine, the answer will rest in any written agreements ... any written email, text communications ... and/or other currently missing information ... the next step is for you to schedule a free initial video call or telephone call ... for further discussion ...

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Once a corporation has been formed can shares of stock not be issued, and if so who owns the corporation?

Once a corporation is duly incorporated, who owns the corporation if no shares of stock have been issued, and can ownership change simply by issuing the majority of shares to and officer (say CEO) of the corporation without that officer having to pay for them?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Sep 13, 2021

Well ... the first thing to do is to review the documents ... articles, bylaws and organizational meeting minutes. Second, email those documents to a business development attorney of your choice to schedule a free initial consultation by video call or telephone call.

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1 Answer | Asked in Business Formation and Contracts for California on
Q: How can I create a Partnership Agreement for our start up company.

I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Aug 9, 2021

As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I am planning to found my own consulting firm. Should it be a LLC or sole proprietor?

Hello, I am planning to found my own consulting firm. I am helping startups in the US and EU with public policy, grant strategy, fundraising and business partnerships. Should it be a LLC or sole proprietor? Which one will be better for tax-wise?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Aug 6, 2021

The answer depends upon three initial focus points: [1] your exposure to liability ... [2] your desired management structure and [3] how you would like to see ownership and succession. The next step for you would be to schedule at least two free initial calls with attorneys of your choice ... by... Read more »

1 Answer | Asked in Contracts and Small Claims for California on
Q: What can i do with my landscaper for him to finish my backyard? Keep saying he will come but he doesn’t show up.

Almost 2 months already,still unfinished. Probably the cost left to be done is less than $2000 and that is still a lot of money to us.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 21, 2021

A couple of initial questions ... [1] is the landscaper a licensed contractor ... [2] do you have a signed agreement for services ... [3] you will want to schedule a video call with at least two attorneys of your choice to discuss the next steps in the resolution process.

2 Answers | Asked in Contracts and Business Law for California on
Q: Does a global non-compete from a Delaware LLC stand if I start a new company in California?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 7, 2021

"Global Non-Compete" language is always open to suspicion ... As you might imagine, the answer is "it depends" and I would suggest that you schedule a video call or telephone call with at least two attorneys ... to have that initial free 30 minute consultation ...

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3 Answers | Asked in Business Law for California on
Q: Is it legal to have a contract where my company only pays someone after the company makes a certain amount of profit?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Mar 25, 2021

As a general rule, you can place most contingencies as a pre-condition to payment ... so long as it is reasonable and objective in nature. The issues for you will be "acting in good faith" and "with fiduciary care" in developing that "certain amount of profit". You MAY... Read more »

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1 Answer | Asked in Contracts for California on
Q: I have a question regarding Services Agreement at a fixed monthly rate and the contract terminating mid-month.

Hello. Thank you for reviewing my question. I am under contract (Services Agreement) that pays a fixed amount per month (regardless of the number of working days). The contract is terminating mid-month and the contract provider is requesting that I submit a final invoice for only the working days.... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Mar 12, 2021

First, we would need to review the written agreement ... then to read your current relevant facts ... then schedule a free initial video call discussion on your options and remedies ... let us know your thoughts ... thank you.

2 Answers | Asked in Contracts for California on
Q: I signed a partnership contract and they didn’t hold their end of the agreement now I want out of the contract.
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Mar 8, 2021

First ... we would need to review the terms and conditions of the partnership contract ... along with a review of the relevant facts ... I would suggest that you take advantage of a "free initial consultation" with at least two attorneys of your choice... and then we can proceed from there.

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2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 22, 2021

The answer to your question should be developed in an initial free consultation by video call or telephone call. The short answer is ... it depends" ... upon your preferred management structure, the operations plan, your succession plan ... and how well you get along with others ...

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3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

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5 Answers | Asked in Business Formation and Business Law for California on
Q: Is it possible to register your business as an LLC on a budget with the safety of a lawyer and not the online websites?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 29, 2020

Yes ... and as you might imagine, the simplicity or complexity ... and the actual budget will depend upon a variety of factors. Our basic LLC formation package is about $500 ...

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1 Answer | Asked in Business Law for California on
Q: I’m seeking an attorney that could help me Organize my business. I have a medical director in California. I’m a nurse

I’m a nurse anesthetist with a professional corporation

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 3, 2020

As you might imagine, the process starts with an initial free video call consultation ... to discuss what you have in mind ... the proposed ownership/management structure ... along with the intended services to be delivered ... either directly to patients and/or through other service providers.... Read more »

1 Answer | Asked in Contracts and International Law for California on
Q: looking for a lawyer specialized in contracts for China to help me prepare a comprehensive NDA for a supplier in China
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 28, 2020

Well, as you might imagine, there are a number of legal and business issues in dealing with suppliers or customers in another country ... and China poses a few unique issues. So, the first step is to schedule a free initial video call or telephone call with at least two attorneys of your choice to... Read more »

1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on
Q: A new small business owner is looking for an advise on the commercial lease situation and potential representation

I signed my commercial lease to open a boutique fitness studio in March 2020, right before the locked down that no one could have predicted at the time I signed my lease. Due to a number of factors I still don’t have possession of the place, haven’t started buildout and my commencement period... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 18, 2020

Understood ... so, your first step is to engage an attorney of your choice to schedule a free initial video call consultation ... which starts with you emailing us a copy of the signed commercial lease ... you have several options depending upon the signed lease and the surrounding facts and... Read more »

2 Answers | Asked in Business Formation and Business Law for California on
Q: What are all the basic requirements for starting an online e-commerce business? Any legal work? fees? TOS that I need?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Sep 27, 2020

The basic requirements will depend upon a variety of facts and goals ... I would recommend that we schedule a video call for our initial free consultation to discuss.... Shawn Jackson - Business Development Attorney.

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1 Answer | Asked in Business Law for California on
Q: Do I need an LLC for a homemade mask making business?

A friend convinced me that I needed an LLC to sell homemade masks to friends and family or on Etsy. He says there will be tons of lawsuits against mask makers if people get covid. Do you think this is a serious risk to my little homemade business, even if I have a disclaimer saying these masks are... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Aug 19, 2020

Well ... as a general rule, you will want three "hurdles" between you and the litigation attorneys. [1] a legal entity like a corporation or LLC ... [2] good insurance and ... [3] good management/disclosure protocols. Most of the time, a litigation attorney can get over two of the... Read more »

2 Answers | Asked in Business Law and Landlord - Tenant for California on
Q: I live in California. Back in March I signed a lease (commercial) and the owner has yet to vacate his stuff.

I’m still expected to pay the lease every mo (and have paid) It has been months, what can i do? This doesn’t include a large amount of rodent droppings and bird droppings left behind!

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Jul 24, 2020

Well, as you might imagine... as a paying commercial tenant, you have the right to fully occupy the premises on the assumption that the lease agreement grants you the defined use of the space. The decision will boil down to what in written in the commercial lease... you will want to schedule a... Read more »

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