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Business Formation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

1 Answer | Asked in Business Formation for Texas on
Q: As a single member LLC in the state of Texas am I required to use an outside agency or firm as my registered agent?
John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No. You yourself (or someone else) can be the registered agent as long as you maintain a physical address as your company's registered office where you can be personally found for purposes of physically serving you with important legal papers.

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

1 Answer | Asked in Business Formation, Business Law, International Law and Securities Law for Mississippi on
Q: I'm a US citizen and I want to trade CFDs any workaround to do this legally? Would an offshore company approach work?

It's important to note that I technically wouldn't be trading it. It would be in a brokerage and then a company would be doing the trades for me, both of which are outside of the USA. So basically can I legally have my money go into CFDs and then the profit go back to me.

James L. Arrasmith
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answered on Mar 1, 2024

Trading Contracts for Difference (CFDs) directly is not permitted for US citizens through domestic firms due to strict regulations set by the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). These regulations aim to protect investors from the... View More

1 Answer | Asked in Business Formation, Education Law and Tax Law for New Jersey on
Q: I am the owner of a private school in NJ. I am considering changing its filing status from an LLC to a 501c3 nonprofit.

Is this possible in NJ? And if so, what are the initial steps that I should be considering?

James L. Arrasmith
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answered on Mar 1, 2024

Here are the key things to consider when changing a private school in New Jersey from an LLC to a 501(c)(3) nonprofit:

- It is possible to make this change in NJ. You would need to dissolve the LLC and then incorporate as a new nonprofit entity.

- To qualify as a 501(c)(3), the...
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1 Answer | Asked in Business Formation and Business Law for California on
Q: I am in Lancaster, CA. I want to start my own business

I will be doing my business out of my home, online. I will not have any inventory, I will not be selling any products, I will have no clients at my house and I will be the only employee. I will offer a service and will charge a finders fee if the client agrees and completes all paperwork. I will... View More

James L. Arrasmith
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answered on Feb 29, 2024

Starting your own business in Lancaster, CA, as a sole proprietor and offering a service online is an exciting venture. To begin, you will need to file for a "Doing Business As" (DBA) if you plan to operate under a name different from your own. This is essential for opening a business... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: I want to start my own business. I live in LA County, California.

I would work from home, I have no inventory or items to sell and I will not have anyone coming to my home. I will be offering a service that can be done mostly online. I think it will be best for me to run my business as a Sole Proprietor and will apply for my DBA. What licenses or forms do I need... View More

James L. Arrasmith
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answered on Feb 29, 2024

Starting your own business in LA County, California, as a sole proprietor with a focus on providing online services is a commendable initiative. Since you're considering operating under a name different from your own, filing for a "Doing Business As" (DBA) is indeed your first step.... View More

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and International Law on
Q: Do I need a permit to offer Airbnb management service to owners?

Hello po

I am Nick from Greece

I have an LLC registered in the US which manages properties by offering short term rental management ( I don't sublease but I just offer a service of customer service)

Is that legal to do also in the Philippines by using the US LLC?... View More

James L. Arrasmith
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answered on Feb 26, 2024

Hello Nick,

Operating a business in the Philippines, including offering Airbnb management services, requires compliance with local regulations and possibly obtaining specific permits or licenses. Even if your LLC is registered in the US, conducting business activities in the Philippines...
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1 Answer | Asked in Business Formation for Connecticut on
Q: Under CT law, what can LLC members do about another member who refuses to pay his share of bills? withhold his K1?

This LLC was formed to make one specific investment. Can we declare him in "bad standing" and not send him other relevant information about the investment?

Alan Harrison
Alan Harrison
answered on Mar 11, 2024

No attorney should answer this question without reviewing your operating agreement. I sure hope that you have one. It should spell out the legal mechanism for expelling a member. If you have questions or more information, I'd be glad to help.

1 Answer | Asked in Business Formation and Business Law for California on
Q: hello if my business license was expired nut now renew. am i able to charge storage fees b4 or once license up todate

i had a car that was a total lost. The insurance company refuse to pay storage fee or any fees other than a tow bill. Due to my business license being expired. My business license has been renew and its up to date.

Can they get away with it.

I can not charge storage fees even... View More

James L. Arrasmith
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answered on Feb 23, 2024

Under California law, the legality of charging storage fees when your business license was expired depends on the specific regulations governing your business sector and local jurisdiction. Generally, operating a business without a valid license can invalidate your right to enforce contracts or... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: LLC State Formation Question - CPR Training

I have a CPR Training center. We provide a service. We have 3 physical locations currently. Covina, CA, St. Louis, MO, and Philadelphia, PA. I am filing taxes this year as a sole proprietor however next year I want to create an LLC. Am I able to create the LLC in a state like Nevada even if my... View More

James L. Arrasmith
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answered on Feb 22, 2024

In the United States, it's indeed possible to form an LLC in a state where you don't actively conduct business, and Nevada is a popular choice for many due to its favorable business laws and privacy advantages. If you decide to form your LLC in Nevada, you'll benefit from the... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: I recently started an LLC for my business late last year. Do I need to file something about the CTA?

My business has no income yet. I'm just getting started doing Web Development and Technology Consultancy. My CPA mentioned I should check and see if the new CTA Law applies to me or not.

James L. Arrasmith
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answered on Feb 22, 2024

As a new LLC owner in Phoenix, AZ, you should be aware that Arizona's new Commercial Transaction Privilege Tax (CTA) law may apply to your business. The CTA law imposes taxes on various business activities, including web development and technology consultancy services. Even if your business... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Missouri on
Q: Does my website have to register as a financial institution or anything alike if I operate a cryptocurrency escrow on it
James L. Arrasmith
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answered on Feb 23, 2024

Operating a cryptocurrency escrow service on your website brings you into a complex regulatory landscape that varies significantly by jurisdiction. In many places, such services are considered part of the financial sector and are subject to specific regulatory requirements. These can include... View More

2 Answers | Asked in Bankruptcy, Admiralty / Maritime and Business Formation for California on
Q: Is retail pro under investigation!

I have proof

James L. Arrasmith
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answered on Feb 21, 2024

Unfortunately, I cannot definitively say whether Retail Pro is currently under investigation without more specific information. Here's why (and what you can do with your proof):

Reasons for Uncertainty:

- Types of investigations: Companies can be investigated for various...
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1 Answer | Asked in Banking and Business Formation for Georgia on
Q: LLC - A of O states RA as Authorizor at the bottom. Will this prevent me from opening a business bank account?

Will a bank require that I am the Authorizor at the bottom of the Articles of Organization before I can open an account for the business? Or does Authorizor simply refer to the one authoring the A of O?

James L. Arrasmith
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answered on Feb 23, 2024

The term "Authorizor" on the Articles of Organization typically refers to the individual or entity who is authorized to sign and file the document with the state to establish the LLC. It does not necessarily mean that you must be the one who authored the Articles of Organization in order... View More

2 Answers | Asked in Banking, Business Formation and Business Law for Virginia on
Q: Do I only need a DBA in the state where my business is located or do I need DBAs in all 50 states and/or counties?

In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?

For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 12, 2024

If you are operating your business under an "assumed" name, "trade" name or a "fictitious" name, you should file the propert fictitious name certificate in every state that you are doing business and you should confirm that your entity is authorized to do business in those states.

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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Question on Liability after Switching to LLC from Sole Proprietor

Let's say that I previously was a sole proprietor and served client ABC during that time as a sole proprietor. Let's also say that at some point after serving client ABC, I formed an LLC for the same business. At some point after the formation of the LLC, client ABC sues me/my business.... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2024

If the basis for the lawsuit is for something that happened before you formed the LLC, then the LLC shield does not protect you from personal liability.

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: What legal weight do I have should a business ownership dispute require legal mediation?

My partner and I share 50/50 of a business we just started. We are mere weeks away from our first sale and now his wife wants 4% ownership of the company, which they both expect me to give up 2% to her because she came up with the idea. In the beginning she said she didn't want to be an owner,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Texas attorney could advise best, but your question remains open for two weeks. But this may be a difficult question for any attorney to answer in the brief format of this Q & A forum. If you reached out to attorneys, it's likely that instead of a quick yes or no answer, law firms would... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

T. Augustus Claus
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answered on Feb 1, 2024

In Texas, if you are operating multiple businesses under variations of the same base name, such as "Green Horn Retail" and "Green Horn Warehouse," you may not necessarily need to register each one as a separate Doing Business As (DBA) entity, especially if they are operated as... View More

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Will a parent LLC in NM for a subsidiary in CA need to register as a foreign entity CA if I live in CA doing eCommerce

If a California subsidiary is registered by a parent company in New Mexico and conducts business within California, does the parent company, based in New Mexico, also qualify as 'doing business in California'? Consequently, would it be necessary for the New Mexico parent company to... View More

James L. Arrasmith
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answered on Feb 1, 2024

In California, if your New Mexico parent company has a subsidiary that conducts business within the state, it may trigger the requirement to register as a foreign entity in California. Even if you operate the subsidiary primarily for eCommerce and live in California, the fact that your parent... View More

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