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2 Answers | Asked in Business Formation, Business Law and Tax Law for Mississippi on
Q: Considering forming an LLC in Mississippi for an online business based in Illinois, exploring its advantages and incentives over potential economic nexus thresholds.

I'm considering forming an LLC for a transaction-based platform online business, similar to a classified ads site, and I currently reside in Illinois. Since the business is entirely online, I am exploring the possibility of forming the LLC in Mississippi or Florida due to their favorable... View More

Randall R. Saxton
Randall R. Saxton
answered on May 15, 2025

All you would need to take advantage of Mississippi’s favorable business laws is a registered agent with a physical presence in the state and complete the online registration with $50. You would only need to register your foreign LLC in Illinois if you are physically operating or hiring employees... View More

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1 Answer | Asked in Business Formation, Tax Law and Business Law for Illinois on
Q: Forming an LLC in a different state for an online business based in IL?

I'm considering forming an LLC for my online transaction-based platform, such as a classified ads site, in a state with favorable business laws and tax conditions, like Mississippi or Florida, rather than in my current state of residence, Illinois. The business will operate entirely online,... View More

James L. Arrasmith
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answered on May 15, 2025

Forming an LLC in a state like Mississippi or Florida could be a feasible option if you're looking to take advantage of favorable business laws and tax conditions. Both states offer business-friendly environments, with Florida having no state income tax and Mississippi providing relatively low... View More

1 Answer | Asked in Business Law, Business Formation and Real Estate Law for Wisconsin on
Q: Is my house at risk if my son uses my address for his LLC?

I own my home, which is solely in my name. My son uses my address for his LLC business, which currently has no financial issues, and there are no formal leases or agreements for him using my address. Given these circumstances, am I liable if anything happens to his business, and could my house be... View More

James L. Arrasmith
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answered on May 14, 2025

Using your home address as the business address for your son’s LLC generally does not put your house directly at risk just because of that listing. The LLC is a separate legal entity designed to protect personal assets like your home from business liabilities, as long as proper separation is... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Starting a private bartending business in Texas: legal requirements?

I am planning to start a private bartending business in Texas and have already confirmed with the TABC that as long as I have my TABC certification, I'm allowed to serve at private events. My partner and I will be the only ones working these events, and we plan to operate at various locations... View More

James L. Arrasmith
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answered on May 14, 2025

It's great that you've already checked with the TABC and obtained your certification, which is a key step for legally serving alcohol in Texas at private events. Beyond that, you should consider how you want to structure your business legally. Forming an LLC or corporation can provide... View More

Q: How can I acquire a defunct company's trademarks in Illinois?

I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More

Patrick A. Twisdale
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answered on May 13, 2025

Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More

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Q: How to address lockout and fraud issues with ex-partner in S corp?

I am dealing with a complex legal situation involving my ex-partner in our S corp business. Over the past 5 years, court proceedings have been delayed, during which my ex-partner has unjustly locked me out of the business and all banking operations. Despite the company's substantial annual... View More

James L. Arrasmith
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answered on May 12, 2025

Your situation involves multiple serious legal issues: business lockout, potential financial fraud, inadequate court-ordered support, and possible ethical violations by opposing counsel. Given the complexity and the significant revenue involved, you need a business litigation attorney with... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Georgia on
Q: How do I set up contracts and handle payments for hiring independent contractors in my game studio's LLC?

I established an LLC in March 2025 for a video game studio and am currently developing my first game, projected for 3-5 months of production. I aim to bring in 5-6 people to assist with components like music, art, and programming, and I intend to compensate them once the game is published and... View More

James L. Arrasmith
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answered on May 14, 2025

When hiring independent contractors for your game studio, it's important to create clear contracts that outline the scope of work, payment terms, deadlines, and intellectual property rights. Since you plan to pay them only after the game generates income, be sure to clearly state this... View More

1 Answer | Asked in Trademark, Business Formation, Intellectual Property and Business Law for California on
Q: Is "BVCKLVSH" trademark legally safe for my lash brand and business name?

I'm planning to use the name "BVCKLVSH" as the business name and trademark for my new lash brand, focusing on high-end eyelash products and accessories with a dark glam, rebellious, fashion-forward aesthetic. I conducted searches in the USPTO database and beyond, finding no exact... View More

James L. Arrasmith
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answered on May 8, 2025

Your proposed mark "BVCKLVSH" presents both strengths and potential concerns from a trademark perspective. The USPTO employs a balancing test to evaluate likelihood of confusion, considering the similarity between marks and the relatedness of the goods/services. While you've found no... View More

1 Answer | Asked in Probate, Business Formation, Real Estate Law and Business Law for New Mexico on
Q: How can heirs of an estate in New Mexico form an LLC for real estate assets during probate?

My father's estate is currently in probate in New Mexico. My sister and I are authorized to handle the affairs of the estate. We want to incorporate certain assets, including real estate, into an LLC, with shares distributed evenly among heirs. This would allow us to sell the assets at a... View More

James L. Arrasmith
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answered on May 15, 2025

To form an LLC while your father’s estate is still in probate, you and your sister—as authorized representatives—can create the LLC in New Mexico with the estate listed as the initial member. You'll need to file Articles of Organization with the state and draft an operating agreement... View More

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Do I need a business license for online IT and home services LLCs in MI, with contractors providing the services?

I am running two separate online-only single-member LLCs out of a home office in Michigan: one focusing on electronic device repair (IT services) and the other on general handyman services (home services) to residential clients. My websites allow clients to find and book contractors for services,... View More

James L. Arrasmith
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answered on May 15, 2025

In Michigan, you will likely need a business license to operate your LLCs, even though they are online-based. While the state itself does not require a general business license for most businesses, many local municipalities do require businesses to register or obtain a business license, especially... View More

1 Answer | Asked in Business Formation, Real Estate Law, Landlord - Tenant and Business Law for Pennsylvania on
Q: Can I rent a vacant unit under an LLC for my 4-unit property in PA?

I own a 4-unit property with a personal mortgage, where two units are currently rented out. I am considering renting a vacant unit through an LLC without transferring ownership of the property or consulting with my mortgage lender about this plan. There are no specific zoning regulations or rental... View More

James L. Arrasmith
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answered on May 14, 2025

Renting a vacant unit through an LLC while the property remains under your personal mortgage can be complicated. Since the mortgage is in your name personally, your lender likely expects all units to be rented under your personal name, not an LLC. Renting through an LLC without notifying the lender... View More

1 Answer | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for New York on
Q: Seeking clarification on doing business in NY with a PA LLC and implications of LLC Law CHAPTER 34, ARTICLE 8, Section 803.

I am forming a Pennsylvania LLC to purchase a rental property in Pennsylvania, but I currently live in New York. My LLC is registered in Pennsylvania with the help of a registered agent, but I don’t have a business address in Pennsylvania. Instead, I use my home address in New York for my EIN and... View More

James L. Arrasmith
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answered on May 14, 2025

Since you live in New York and your Pennsylvania LLC uses your New York home address for its EIN and bank account, New York may consider that your LLC is “doing business” in the state under its LLC Law, including Section 803. This means you might be required to register your Pennsylvania LLC as... View More

2 Answers | Asked in Business Formation, Real Estate Law and Business Law for New York on
Q: Legal requirements for wholesaling real estate in New York and assignment fee process.

I am interested in the business model of wholesaling real estate in New York. What are the legal requirements for wholesaling in New York, and do I need a real estate license to do it? Additionally, how does the assignment fee work between the buyer and seller, and what forms or documentation are... View More

Jack Mevorach
Jack Mevorach
answered on May 7, 2025

What exactly do you mean by "wholesaling real estate"?

Jack

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Virginia on
Q: Can I use "Fragment" in my clothing line name if it's trademarked in the industry?

I plan to launch a clothing brand named "Built from Broken," with a product line called "Fragment: Built from Broken." However, the word "Fragment" is already trademarked in the clothing industry. Our logo and style are different from the existing brand. Can I proceed... View More

Patrick A. Twisdale
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answered on May 7, 2025

This is a fact-specific question that really depends on how the trademark “Fragment” is being used by the existing brand, how strong and well-known that mark is, and how similar your use would appear to consumers. Even though your full product name is “Fragment: Built from Broken” and your... View More

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Q: Is there a conflict of interest if our attorney was retained by the opposition after consulting with us?

I am involved in an LLC in North Carolina, and we have been facing an issue with an individual who was supposed to become a member but refused to sign any LLC paperwork, including the Operating Agreement. Despite not being officially part of the LLC, this person collected thousands of dollars in... View More

James L. Arrasmith
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answered on May 14, 2025

It absolutely sounds like you have a legitimate concern. When an attorney consults with you and receives confidential information about a dispute, they generally cannot represent the opposing party in that same matter. This is because they owe you a duty of loyalty and confidentiality—even if you... View More

1 Answer | Asked in Business Formation, Gov & Administrative Law and Business Law for California on
Q: Naming a nursing corporation in California: guidelines and regulations?

I am planning to form a nursing corporation in California and intend to use the phrase "nursing" in the business name. Are there specific regulations or guidelines from the California Board of Nursing that I need to follow regarding the naming of my corporation? Also, are there any... View More

James L. Arrasmith
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answered on May 7, 2025

When naming your nursing corporation in California, you must follow specific requirements established by state regulations. The name of your nursing corporation must contain the words "nursing" or "registered nursing," along with wording or abbreviations that indicate corporate... View More

3 Answers | Asked in Business Formation, Entertainment / Sports, International Law and Business Law for New York on
Q: Where should I register my Visual Effects LLC, NY or DE?

I'm in the process of starting an LLC for a company in the Motion Picture and Television industry, specifically Visual Effects. I live in New York, but most of the work will be outsourced to India, and business operations will primarily occur outside New York. I'm considering registering... View More

Gregory J. Tarone
Gregory J. Tarone
answered on May 1, 2025

I prefer Delaware because it offers specific advantages that are particularly attractive for businesses seeking investment or that want to minimize their tax burdens. As a New York attorney for 45 years, I find that New York has an excellent law and a legal system. Still, Delaware is more flexible... View More

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1 Answer | Asked in Estate Planning, Business Formation, Tax Law and Business Law for Texas on
Q: Can LLC profits be reallocated if the trust is the sole member? Considering tax implications with trust vs personal income.

I am considering creating a revocable living trust where I will be the grantor and trustee, and listing the trust as the sole member of an LLC for privacy reasons. Can the profits be reallocated per the LLC's operating agreement to utilize the best tax plan, given that smaller income is taxed... View More

James L. Arrasmith
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answered on May 15, 2025

If you set up a revocable living trust and make it the sole member of your LLC, you are still considered the owner for tax purposes. Since the trust is revocable and you are both the grantor and trustee, all income from the LLC typically passes through to you and is taxed at your individual income... View More

2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Missouri on
Q: Can I name my cleaning company "Mad Hatter" despite Disney's trademark?

I would like to use "Mad Hatter" as the name for my cleaning company, but I know that Disney holds a trademark for it. Would it be illegal for me to use this name for my business? I plan to create an original logo and have not tried contacting Disney for permission. What are my options?

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 30, 2025

Yes, you can, but you will almost certainly be sued for infringement. How much money do you have to waste on unnecessary litigation expenses?

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2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Minnesota on
Q: Help with registering a logo and resolving company name use conflict.

I have already registered my LLC and have a logo and company name designed. I discovered that while my logo is unique, the company name is already in use by another entity. What steps should I take to register my logo and resolve the issues with my company name? What legal challenges could this... View More

Robert Kane
Robert Kane
answered on Apr 30, 2025

JA's AI response is actually appropriate since only a very general response can be given on a free online Q and A. Your logo and your name would need to be known to properly advise you. If your logo is a yellow "M" and your name is McDonald's Burgers, LLC you have problems. If... View More

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