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California Business Formation Questions & Answers
2 Answers | Asked in Business Formation and Business Law for California on
Q: Southern California , (Funeral Industry ) ,is it necessary to have a funeral establishment license for at need cremation

The business entity is not a crematory .

Robert Kane
Robert Kane
answered on Jan 15, 2025

It seems you have many questions about starting your business. I suggest you consult with a small business attorney and an accountant. You will not gather all the relevant information through a free online Q and A. JA's AI generated responses could do more harm than good. Rob Kane Orange... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Pavel Kolmogorov
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answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

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1 Answer | Asked in Business Formation for California on
Q: what are the compliance requirements to operate a nurse staffing agency in California
James L. Arrasmith
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answered on Jan 13, 2025

To operate a nurse staffing agency in California, you must first obtain the appropriate licenses. This includes registering your business with the California Secretary of State and obtaining a staffing agency license from the California Department of Social Services. Additionally, you need to... View More

2 Answers | Asked in Business Formation, Consumer Law, Contracts and Lemon Law for California on
Q: I bought a new car, ended up being a Lemon. I have add-ons on my contract such as GAP etc. are those refundable?

I bought a brand new car, 3 days in I had to take it back to service. The manufacture has agreed to buy the car back, but I have a few add-ons that I purchased on my contract from the dealership that are well over $5000. Is that money refundable to me since the car turned out to be a lemon and will... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 15, 2025

What negative equity? You just bought it. Oh wait, you rolled neg equity into the newer car?

Uggghhh. Now, on top of that, you are trying to handle the legal stuff without a lawyer even

though attorneys in a lemon law case are to be paid by the other side? Well, the manufacturers...
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1 Answer | Asked in Business Formation and Business Law for California on
Q: Transferring funds/assets between a US LLC and a UK-registered Ltd Company?

I'm a British Citizen with a UK-registered Ltd Company.

I know I can open an LLC in the US, but can I also open a US business bank account for the LLC, or do I have to be a resident/Green Card holder? (I do hold a San Francisco City ID Card, which I believe allows me to open a checking... View More

James L. Arrasmith
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answered on Dec 25, 2024

You can open a US LLC as a non-resident foreign national, and many banks will allow you to open a business account remotely, though requirements vary by institution. Some banks may require an EIN (Employer Identification Number) from the IRS, which you can obtain as a foreign business owner.... View More

1 Answer | Asked in Business Formation for California on
Q: Can I sell Christmas ornament with my own painting of President Trump and Melania

I made a beautiful picture of my president and his wife and I could send a picture of the ornament. I have designed, but I cannot get it printed because they said that’s copyrighted help me.

James L. Arrasmith
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answered on Dec 22, 2024

Your interest in creating art featuring President Trump and Melania is understandable, but there are some important legal considerations to keep in mind. While you own the copyright to your original artwork, using someone's likeness for commercial purposes without their permission can be... View More

3 Answers | Asked in Business Formation, Business Law and Contracts for California on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

Pavel Kolmogorov
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answered on Dec 19, 2024

The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.

In...
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1 Answer | Asked in Business Formation, Business Law, Civil Rights and Internet Law for California on
Q: i've recentally been decline from a wholeseller for reasons that are not listed on website or policys

they claim that i need to be a brick and morter to use there distribution which it is not stated anywhere that i need to be plus they have other options for signing up and i need a distributer for wholeselling which is what my business does but only online and there is no where stating that they... View More

James L. Arrasmith
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answered on Dec 17, 2024

From your description, there could potentially be grounds for exploring this situation further, as businesses generally must clearly communicate their eligibility requirements and policies.

While wholesalers have the right to choose their business partners, California law requires...
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1 Answer | Asked in Business Formation, Securities Law and Libel & Slander for California on
Q: My LinkedIn account has been breached and hacked into and my public image has been comprised and overtook my account.

LinkedIn account compromissed

James L. Arrasmith
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answered on Dec 6, 2024

First, take immediate action to secure your account. Change your password right away through LinkedIn's password reset process, and enable two-factor authentication if you haven't already. Contact LinkedIn's support team directly to report the breach and get help recovering your... View More

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 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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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 Business Formation, Business Law, Civil Litigation and Tax Law for California on
Q: Can i start a business without being documented in the US ? im an illegal immigrant
James L. Arrasmith
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answered on Oct 1, 2024

Yes, you can start a business in the U.S., even if you're undocumented. There are no specific laws that prevent undocumented immigrants from owning and operating a business. The U.S. tax system allows anyone, regardless of immigration status, to apply for an Individual Taxpayer Identification... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: What do I need to do with my c-corp after relocating to California from Illinois?

A few years back, I had incorporated a c-corp in Delaware, registered as a foreign entity in Illinois, and had a physical office with employees. Post-COVID, my business became 100% remote. I am currently the only W2 employee on the company’s payroll, with Illinois state taxes being deducted. I... View More

James L. Arrasmith
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answered on Sep 16, 2024

When relocating your C-corp to California, you need to register it as a foreign corporation in California since you are now operating from there. This involves filing specific forms with the California Secretary of State and potentially paying applicable fees. You may also need to withdraw your... View More

1 Answer | Asked in Banking and Business Formation for California on
Q: What is the proper way to initiate Arbitration/ litigation so return of money already paid under an fraud contract.

My wife and her mother went to a car lot for a car, She was successful. The car was purchased in Southern California, our address was in northern California; The first issue we suffered was the fact that the second set of keys given to us didn't go to the car she leased, upon misplacing the... View More

James L. Arrasmith
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answered on Sep 15, 2024

To initiate arbitration or litigation to recover money paid under a fraudulent contract, you'll need to follow a few steps to ensure your case is properly handled. Start by gathering all relevant documents, including the contract, payment records, communication with the car dealership, and any... View More

1 Answer | Asked in Business Formation for California on
Q: Selling on marketplace facilitators in California

Are any licences/ permits required to start selling tangible goods on Marketplace Facilitators as an individual in California, provided all sales are of tangible goods and all transanctions are facilitated by the marketplace facilitators platform who is already registered with CDTFA.

James L. Arrasmith
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answered on Sep 12, 2024

In California, if you are selling tangible goods on a marketplace facilitator’s platform, the platform itself is responsible for collecting and remitting sales tax on your behalf. Since the marketplace facilitator is already registered with the California Department of Tax and Fee Administration... View More

3 Answers | Asked in Business Formation for California on
Q: If I am a minor member/owner in a LLC can I sign legally binding contracts.

Contracts refer to Purchase and Sale agreement and Assignment of Contract

Shawn R. Jackson
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answered on Sep 11, 2024

The short answer is ... "it depends" ... you would need AUTHORITY from the LLC, usually within the LLC Operating Agreement and/or approved resolutions ... along with NOTICE to the other LLC members and the other contracting parties.

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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

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