This is a good question as an unlimited personal guarantee puts your assets at risk. In my opinion, the Franchise Business should stand alone and generate enough income from which to pay the monetary obligations to the Franchisor. I have no problem with you signing a separate confidentiality and... Read more »
I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... Read more »
Yes, call your credit card company.
I have been working full time on this business.
Do you have a written agreement with your partner such as a Shareholders' Agreement, Operating Agreement or Employment Agreement? If not, you need to reach some understanding with your partner that you can't work for nothing?
I will be starting a online business and decided to go with sole proprietor. And i have doing some research and i want to get a Dba and i know im supposed to publish it in a news paper but not really sure how and i know im supposed to put an address also for the newspaper but my business will be on... Read more »
In Florida, Section 865.09 of the Florida Statutes requires the one-time publication of a legal notice of the fictitious name in a newspaper in the county where the principal place of the business will be located. I believe your residence address would be the location of your business.. After... Read more »
I have a perpetual license for an industry specific design software. We've always been forced to pay a yearly maintenance/support fee. Even if we missed a year becasue we didn't need it, they'd back charge us when we wanted to re-institute the support. Now the company has moved to a... Read more »
This article should give you more information as to whether the software company can terminate the contract.
https://www.lexology.com/library/detail.aspx?g=4820f348-4540-4179-a754-6809061bab0c
Does the AR have to be listed as a member?
Is the LLC manager-managed or member-managed. If she is a manager and/or member, she must be included in the Articles of Organization.
Please, I am looking for an expert who can help me register my LLC with the state of Florida
I can file your Articles of Organization, draft Operating Agreement and Organizational Minutes, obtain your FEIN, order minute book, and issue Certificate of Membership Interest.
We have not closed on second home condo. We want the condo to be owned by me and my wife's new LLC we are forming in Florida. On the LLC application, it asks for Place of business in Florida. Can we list the condo address as the Place of business before we technically own the condo? If we do,... Read more »
I would initially use your first home as the place of business and then amend the Articles of Organization once you have closed on the second condo.
If a Florida general partnership incorporated in 2005 to become an S-corp, what steps would they have had to take in order to properly transfer the partnership's assets to the corporation? Is there a Florida statute regarding how this is done or are assets just automatically transferred? Does... Read more »
You have to prepare a Bill of Sale and other transfer documents depending on the nature of the assets from the GP to the Corp. This would be the capital contribution of each partner as each partner would become a shareholder in proportionate to his or her partnership percentage. You would also... Read more »
I have the Operating Agreement and Equity Contract.
I would have to review the Operating Agreement and Equity Contract. Why is there 2 agreements. Normally, the Operating Agreement governs the rights and obligations of the Members of the LLC.
Yes they can if they want to but the right thing to do is to return the excess amount paid to you.
Because the State of Florida does not issue a handyman license for the small jobs that I'm trying to do there is no license form such as caulking windows Doors lawn maintenance fence repair kitchen cabinets and so forth being that the state does not issue handyman license is can I legally work... Read more »
Yes are correct but you may need a business (occupational( license in the county in which you do business. If you do business other than the name of your LLC you will have to comply with Florida's Fictitious Name Statute set for in Section 865.09 F.S.
No business was conducted from 2015-present under that name. No outstanding debts or contracts either. The name is really the only asset, but I don't want to pay $1000+ in fees. The name of the expired LLC is still available.
Yes you can.
I doubt it but it all depends on the language of the contract. Without reading the contract, I cannot give you an opinion.
My father died with a Will but did not specify what to do with business property. He stopped paying the annual corp fee in 2016. But, continued to pay business taxes until 2020 before he died using that corporation.
Assuming your father was the only owner of the company, after dissolution he became a trustee of the property of the dissolved corporation and if there were no creditors owed anything, the business property would become part of his estate and transferred to his heirs in accordance with his will. I... Read more »
We are a small software company in Florida. We are planning to use the fictitious name as heading in the End User License Agreement (EULA) instead of the legal company name, but the legal company name is mentioned in the body of the agreement, for example, "Company A doing business as XYZ... Read more »
Yes if you comply with the requirements of Section 865.09 of the Florida Statutes first.
You need to go to USPTO.gov and from there you can try to do it yourself but I suggest you hire a trademark attorney.
As a Mini-storage owner can I legally require my new and existing renters to be set up on auto-pay due to the imminent possibility of new lock-downs and Covid restrictions?
You will have to revise your current agreement to add auto-pay for future customers. For current customer the terms of the current agreement will have to be reviewed.
We have been looking for a place since August online.we have spoken to several brokers over the past few months we signed with one of them but we found a place on our own. Do we have to keep this agent.
The answer depends on the terms of the agreement you have with the broker. You would have to e-mail a copy of the agreement before I could give you a definitive answer.
I would sell them to local small businesses that do ac repair and need hvac units for their customers. I do not have a license and wanted to know if I legally needed one to be able to buy and sell hvac in FL
I don't think you need a license from the Construction Industry Licensing Board but you would need an occupational license. You should also form an S corporation or LLC to protect you and have the manufacturer cover you under its product liability insurance..
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