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1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: How to change ownership of a s-corp?

I want to turn my s-corp into a woman owned company by bringing in my wife as the 51% share holder. This is in order to win contracts that are only open to minority and women owned companies.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

It depends on a number of issues. First, what type of entity is your company? Is it an LLC or Corporation? Either can elect to be an S-Corp as this is simply an election on how to be taxed by the IRS.

Either way, it would be wise to add your wife as an owner by creating a set of company...
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2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: When you do a dba to your incorporated business does it automatically become incorporated also?

We are General Contractor going into business starting a new company we will own 50% and adding it to contractors license as a dba

Shawn R. Jackson
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answered on Nov 19, 2024

The short answer to your "automatically become incorporated" is "no". The longer answer is a combination of ownership, your management agreement, your written agreement with homeowners for your "Home Improvement Contracts" ... and the CSLB issues ... you will want to... View More

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2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for California on
Q: do I need a license to practice law? If not, under equal protection, as PRIVATE COUNSEL, am i entitled to a free listing
William John Light
William John Light
answered on Nov 14, 2024

LOL. 1. Yes, you need a license to practice law. 2. Justia is a business. You aren't entitled to anything from it, whether you are an attorney or not. Extremely doubtful Justia will provide a listing to a non-attorney as that would lead to potentially significant liability for it in the... View More

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1 Answer | Asked in Business Formation for New York on
Q: I am looking to form an LLC for my rental property business in Pennsylvania. I live in New York. Interested in Wyoming

Interested in the protections of Wyoming, but don't know if I should just stick with Pennsylvania or New York. My main concerns are asset protection and tax savings

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

For a Pennsylvania rental property, a Pennsylvania LLC would seem the most efficient and cost-effective option for minimizing extra filings, and fees, while maintaining direct asset protection within the state where the property is located. While Wyoming offers excellent asset protection and no... View More

1 Answer | Asked in Immigration Law, Business Formation and Business Law for California on
Q: LLC Registration with a foreign Co-Founder

I am an Iranian citizen living in Iran, and I want to start a US-based LLC with my colleague, a US citizen who lives in California. I will work remotely as a marketing specialist, and all business activities will be with US clients only, with no connections to Iran.

My colleague would... View More

James L. Arrasmith
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answered on Nov 15, 2024

Due to current U.S. sanctions on Iran, forming an LLC with an Iranian citizen faces significant legal challenges. The Office of Foreign Assets Control (OFAC) maintains comprehensive restrictions on business dealings with Iran and Iranian nationals.

You would need to obtain specific...
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1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Alabama on
Q: I want to start a small business related to my field of study (Electrical engineering) while being on F1 opt

I also hold a job and my employer is sponsoring my visa, I want to start a side business along with my job and want to know how to proceed legally in that.

James L. Arrasmith
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answered on Nov 15, 2024

Starting a business while on F1 OPT requires careful attention to legal requirements. Your OPT status primarily allows work related to your field of study, which fits well with your electrical engineering background. However, you must ensure your business adheres to USCIS regulations and... View More

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Do I legally have to include LLC in my marketing materials with the logo/wordmark in the state of Tennessee?

We have a logo for branding and advertising and I'm wondering if we legally have to include LLC in our forward-facing marketing efforts. It hurts the branding to include it and it counterproductive from a marketing standpoint.

Anthony M. Avery
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answered on Nov 4, 2024

Without the LLC stated you are representing your business as a sole proprietorship. You might get personally sued.

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 26, 2024

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

1 Answer | Asked in Business Formation, Business Law, Internet Law and Trademark for Florida on
Q: Is a fictitious name registration required for Florida LLC's when they only use it for marketing?

I just registered an LLC in florida which has a different name than the name of my website. Do I have to register a fictitous name for that website name, even though I'm not using it for any formal business interactions like contracts and banking?

the website name is only used for... View More

James L. Arrasmith
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answered on Oct 25, 2024

Yes, in Florida, if you operate your LLC under a name different from its official registered name, you generally need to register a fictitious name. This applies even if the alternate name is only used for marketing, branding, or displayed in your logo. Registering ensures that the public is aware... View More

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Washington DC on
Q: What are the steps I need to take to start my own business on the H-1B and transition out of current job?

My current role is with a fintech startup as a strategy manager, and I want to launch a venture capital firm. I will have one U.S.-based co-founder and another or two, potentially from Canada. Would appreciate quick thoughts on costs, timelines, and any other important considerations for this... View More

James L. Arrasmith
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answered on Oct 24, 2024

Starting your own business on an H-1B visa requires careful planning. Begin by consulting an immigration attorney to ensure your venture complies with H-1B regulations, as you'll need to establish a legitimate employer-employee relationship with your new firm. This might involve setting up a... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How can I open a company with workforce being in another country.

Hello, I need some legal advice. My friend has a company in Pakistan, and I'm interested in opening a similar company here in the US as an LLC . The workforce would be based in Pakistan and my friend will be handling that.

I'd like to know the best way to go about setting this up,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Starting an LLC in the US with a workforce in Pakistan involves several key steps. First, decide whether to form your LLC in North Carolina or Texas by comparing their specific filing requirements and fees. Once you’ve chosen the state, file the necessary formation documents with the state’s... View More

2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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1 Answer | Asked in Business Formation and Trademark for Nevada on
Q: Can I use Kool-Aid but spell it c o o l a i d cake

I want to make a Kool-Aid cake stand selling Kool-Aid and Kool-Aid cake variety of cake flavors made with Kool-Aid

James L. Arrasmith
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answered on Oct 11, 2024

Using the name "Kool-Aid" for your cake stand can be challenging because it's a registered trademark. Altering the spelling to "C O O L A I D" might not be enough to avoid potential legal issues. Trademark laws are designed to protect brand names and prevent confusion among... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Wyoming on
Q: Are there any attorneys in Wyoming offering limited scope representation?

Regarding employment law on a case I filed with the EEOC and Wyoming department of Labor, I'm looking for a limited scope attorney or a contingency agreement for fees attorney

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

A Wyoming attorney could advise best, but your question remains open for three weeks. This is not my area of practice, but as a general note, there are attorneys who do limited scope representation. But every case is fact specific, and a law firm would want to know more before answering your... View More

1 Answer | Asked in Business Formation, Identity Theft and Internet Law for Arkansas on
Q: what to do when holder of old website domain keeps it active leading people to believe they are doing business with me?

We purchased a resort business on March 28th, 2024. The existing website had numerous issues, so we decided to create a new one from scratch. We requested the original website developers to take down the old site and transfer the domain to us, but they have not responded. They continue to keep the... View More

James L. Arrasmith
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answered on Oct 11, 2024

First, consult with a legal professional to understand your rights regarding the domain and intellectual property. They can help you send a formal cease and desist letter to the former developers, demanding the transfer of the domain and removal of the old website. Additionally, report the domain... View More

2 Answers | Asked in Business Formation and Business Law for California on
Q: Can minor form LLC all by himself without needing adult at any point of forming LLC?

I know you need adult to help you sign contracts behalf of your LLC but what i wonder is can someome under 18 CREATE LLC?

Robert Kane
Robert Kane
answered on Oct 9, 2024

Please contact the Secretary of States Office.

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1 Answer | Asked in Copyright and Business Formation for Pennsylvania on
Q: Can I use this logo for my business under my name

I want to use a picture saying I’d smoke that for my food truck but need to verify I can without permission

James L. Arrasmith
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answered on Oct 8, 2024

Using a logo or image for your food truck without proper authorization can lead to legal issues. It's important to ensure that you have the rights to use the specific picture you’re interested in. This typically means obtaining permission from the original creator or verifying that the image... View More

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Filing a DBD in NYC for clothing brand vs legal business name

I have a clothing brand that uses a different name than the business legal name which is an inc / s-corp. If selling goods online( own website with brand name) and "maybe" to retailers (brick & mortar) in the future, will I need to file a DBA for the brandname that appears on the... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

Generally, you would not need a d/b/a (an assumed name for a company) for...
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1 Answer | Asked in Business Formation for Florida on
Q: I have an LLC , and I want to convert in a private Non profit Organization what are the requirements?

please guide me steps by steps

my organisation is a service business tax businesses

Keith Kanouse
Keith Kanouse
answered on Oct 6, 2024

A good explanation of the steps to take are at:

https://charitableallies.org/can-you-convert-an-llc-into-a-nonprofit/#:~:text=At%20this%20point%2C%20you'll,exempt%20status%20with%20the%20IRS.

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for North Carolina on
Q: Can I start a security guard company by hiring qualified personnel? What are the requirements for this?

I was wondering if I could hire qualified people to work for my security guard business without having a security license myself.

James L. Arrasmith
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answered on Oct 20, 2024

Starting a security guard company involves several important steps beyond just hiring qualified personnel. First, you need to ensure that your business complies with local and state regulations. This typically includes obtaining a business license and registering your company with the appropriate... View More

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