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Business Formation Questions & Answers
1 Answer | Asked in Business Formation for Florida on
Q: What do I need to operate an online Spanish teaching business in Florida?

My relative has a spanish language teaching business where students are taught via video call. Her business is in a foreign country, she wants me to become her business partner to expand to USA since I live here. I was wondering what the steps would be in order to launch the business here, like... View More

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Expanding your relative's Spanish language teaching business to the U.S. is an exciting opportunity, and we’re here to help guide you through the process of launching the business stateside.

To get started, here are some of the key steps to consider:

Business Structure:...
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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Massachusetts on
Q: Open the business bank account on an F1 visa

Can I open the business bank account for a c corporation if I am appointed as the treasurer who is only responsible for document signing, opening bank account and no operational activities. I will own nothing of the company and not take part in the day to day operations. I am on an F1 visa and... View More

James L. Arrasmith
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answered on Aug 30, 2024

Opening a business bank account as a treasurer on an F1 visa involves navigating certain immigration regulations. Generally, F1 visa holders are restricted from engaging in unauthorized employment, and this can extend to certain activities related to business entities. Even if you are not an owner... View More

1 Answer | Asked in Contracts, Copyright, Antitrust and Business Formation for Nevada on
Q: I have approx 5000 third party licenses on my phone what are they for n why do I not receive compensation

What does it mean when I get notices saying I'm branded entity n why don't I get compensated for any of this

James L. Arrasmith
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answered on Aug 27, 2024

The third-party licenses on your phone likely relate to apps, services, or software you use. Many applications require licenses to function, which means that by using them, you agree to certain terms and conditions. These licenses do not automatically entitle you to compensation; they are simply... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: How can I find a registered agent for a small restaurant Hoodadak in Houston Texas? Also they filed bancrupcy.
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Office of the Secretary of State of Texas maintains the records for registered agents of business entities in Texas.

Its website is: https://www.sos.state.tx.us/corp/sosda/index.shtml

You will need to set up an account using a credit or debit card to cover the search fee.

1 Answer | Asked in Business Formation, Business Law and Consumer Law for New Jersey on
Q: Can I file a law suit against restaurants for claiming to sell for instance a 6 piece wings and it’s not 6 but 3 split

So many restaurants claim they are selling wings when they are in facts selling wings cut into 2 counting them as an individual wing. tA wing is a drum and a flat TOGETHER not separatley

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2024

A consumer protection attorney could advise best, but your question remains open for three weeks. Many law firms could be reluctant to handle such a lawsuit. But you reach out to firms to discuss - some might see things differently. Good luck

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Amazon/eBay reselling Are people restricted to only reselling non branded products?

My partner and I are wanting to start an online e-commerce business buying and reselling non branded products from Alibaba. Would it be wise to stick with only selling non branded? Do we need a license to sell branded products?

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Starting an e-commerce business reselling products from Alibaba is a great venture, and understanding the legal landscape for reselling branded versus non-branded products is crucial for your success.

Here are some important points to consider:

Non-Branded Products: If you're...
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1 Answer | Asked in Contracts, Business Formation and Business Law on
Q: Solar investors and owners of land and middle man.

If I am the individual(middle man) bringing these two individual together(solar investors and owners of land) what kind of agreement can I make them sign.

That ensures me of commission and percentage share should any deal be concluded.

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

To protect your interests, you may want to consider drafting an Intermediary or Finder’s Fee Agreement. This type of agreement would outline your role in facilitating the deal and include terms that ensure you are compensated.

1 Answer | Asked in Business Formation for New Jersey on
Q: If I want to make a non-profit, and I am not recieving funds, do I have to register my intitiave anywhere?

We will be providing free CPR classes taught by a certified instructor, we will not give out CPR certifications.

Daniel  Bitonti
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answered on Aug 20, 2024

If you're planning to start a nonprofit providing free CPR classes without issuing certifications, it's generally advisable to register your initiative. Here's why:

1. State Incorporation: Incorporating as a nonprofit in New Jersey provides legal recognition and liability...
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1 Answer | Asked in Business Formation and Copyright on
Q: Is extracting the styling information of a page from a mobile app illegal in any way? Would a tool doing so be illegal?

If I were to make an app that extracts the styling information of another app to save it on a user's profile and maybe use it in his/her design software of choice to help them come up with design inspiration be illegal?

James L. Arrasmith
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answered on Aug 17, 2024

Extracting styling information from a mobile app raises potential legal issues depending on how it's done and the app's terms of service. Many apps are protected by copyright and may have specific clauses that prohibit scraping or extracting their content. If you extract and reuse that... View More

1 Answer | Asked in Business Formation for California on
Q: Is there any legal recourse for naming my business the same name as the food we sell? No other words or descriptions?

Example: naming a store Cheese Burgers, or Zombies (we sell Cheese Zombies), or cookies, or salads etc.

James L. Arrasmith
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answered on Aug 16, 2024

You generally have the right to name your business after the product you sell, such as “Cheese Burgers” or “Cookies.” However, there are important considerations. First, you must ensure that the name is not already trademarked or used by another business in your industry. If another company... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Washington on
Q: Can I start an LLC on an F1 OPT as a foreigner? If yes, am I allowed to work full-time for my LLC and draw a salary?

I graduated in May 2024 with an MBA degree and I am currently on my F1 OPT. I have been working on a business idea for some time, and would like to start an LLC to formalize my business and use it as my OPT for the first year. I have already spoken to my DSO and while they have not raised any red... View More

James L. Arrasmith
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answered on Aug 16, 2024

You can form an LLC while on F1 OPT, but there are some important limitations to be aware of. While starting the business is allowed, working full-time for your own company can be problematic. The U.S. immigration rules for OPT require that employment be directly related to your field of study, and... View More

1 Answer | Asked in Business Formation for Texas on
Q: I registered my LLC in Delaware but conduct business nationwide. Where should I file my DBA?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Each state's rules differ. In Texas, after you register your Delaware LLC as a foreign entity doing business in Texas, you must file your d/b/a with the Texas Secretary of State.

Other states may require it be filed in a similar statewide office, while some may require it be filed in...
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1 Answer | Asked in Banking, Business Formation and Contracts for Illinois on
Q: My father has been offered a contract, to purchase distribution rights for his book, needs help from a lawyer

Would like to know if this is a scam or a legitimate offer

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

THIS IS NOT LEGAL ADVICE.

To determine whether the contract offer for distribution rights is legitimate or a potential scam, it’s crucial to have a thorough review of the offer by a lawyer, especially one with experience in intellectual property and publishing contracts. Here are some...
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1 Answer | Asked in Business Formation for Florida on
Q: Starting a dual-member Florida LLC

I'm going to open in Florida LLC. I will own 51% through another Florida LLC that I own, and my partner will own 49% through a Florida LLC that he owns. My question is, will our personal names be made public even though we own our shares through other LLC's?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 13, 2024

Annual reports are to be filed with Sunbiz ( https://search.sunbiz.org/Inquiry/CorporationSearch/ByName). These reports may require names and addresses of the registered agents and other company officers.

2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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Q: Does a Nurse Staffing Agency located outside California need to be registered or have a license to transact business?

A Healthcare/Nurse Staffing Agency providing temporary healthcare personnel to different healthcare facilities (Hospitals, Long-Term Care, SNF, etc.)

James L. Arrasmith
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answered on Aug 7, 2024

Under California law, a Nurse Staffing Agency located outside the state generally needs to register to transact business within California. This registration is crucial to comply with the state's business regulations, which ensures that the agency can legally operate and provide services... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I get approved to hold inventory at my home residence that is zoned as residential property?

I want to do a e commerce business where I order goods cheaply on-line and store them at my home/sell to customers via e commerce site. I will not be making any goods. I know I need a trader's license from the clerk of the court and I need to do a home affidavit form for zoning BUT that form... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Business uses are limited in residential districts. What can permissibly be done in a particular zoning district varies greatly by county in Maryland. If a desired use is not allowed in a particular district in your particular county, the only options are to petition for a zoning reclassification... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Michigan on
Q: Can a business partner that was given POA by their partner for business purposes sell/give ownership rights away?

My husband and a friend opened a food truck/restaurant. My husband had some medical issues and gave the friend POA to sign business documents for them as they were in the middle of trying to purchase a building. My husband left the company (day to day operations) but signed nothing giving away... View More

James L. Arrasmith
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answered on Aug 5, 2024

No, a business partner with a Power of Attorney (POA) cannot unilaterally sell or give away ownership rights without explicit consent from the other partner. The POA typically allows the partner to sign documents and make decisions on behalf of the business but does not grant the authority to alter... View More

1 Answer | Asked in Business Formation, Business Law and Employment Law for Tennessee on
Q: I was terminated for closing the store 13 minutes early. When the manager(S) knew I couldn't stay til closing.

Ive never had a warning or write up. I was suppose to close at 12AM. Due to my transportation issues ATM the mangers were very aware that I wouldn't be able to stay til 12. I left that store at 11:47pm . And the manager lied and said I closed and left the store 45 minutes early. It... View More

Anthony M. Avery
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answered on Aug 5, 2024

TN is a terminable at will employment State.

2 Answers | Asked in Immigration Law, Contracts, Business Formation and Business Law for Delaware on
Q: Create an operation agreement for F-1 students; Web-design company in Delaware

Dear Lawyers,

I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More

Daniel  Bitonti
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answered on Jul 30, 2024

To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More

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