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Colorado Business Law Questions & Answers
0 Answers | Asked in Contracts, Business Formation and Business Law for Colorado on
Q: Should AC/SPV be member- or manager-managed to reflect MC/AC ownership? Whose name—mine or LLC's—is listed in filings?

I am forming a legal structure to acquire companies through a Special Purpose Vehicle LLC ("SPV"). At the top of the structure, the sole-member Management Company LLC ("MC") will own the Acquisition Company LLC ("AC"), which, in turn, will own the target companies... View More

0 Answers | Asked in Business Law for Colorado on
Q: If I want to remain at an organization but get severance, what harm could a demand letter do?

I was hired remotely and have been for two years. Recently my organization demanded my role and upwards of 3k employees to relocate to their headquarters city or leave the university. There have been two meetings with the same information provided and two writings. I found a position internally... View More

1 Answer | Asked in Business Law, Copyright and Trademark for Colorado on
Q: I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie.

I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie, a business where I go bartend events, parties, etc. I myself am blonde and have pink bar tools which is how the nickname was born. I want to make sure there would be no infringement since I am... View More

James L. Arrasmith
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answered on Sep 18, 2024

Using the name "Barbie" in your LLC, especially in a way that might reference the iconic doll brand owned by Mattel, can raise serious legal issues. Mattel holds strong trademark rights over the "Barbie" name and has been known to enforce these rights vigorously, even in... View More

1 Answer | Asked in Contracts, Business Law and Civil Rights for Colorado on
Q: Just bought a used moped from a dealership and ut stopped working after 1 day of use, can I get a refund?

Just bought the moped used and I paid through venmo, it is not a registered moped and it worked when I bought it, shortly after it broke down within two hours of riding. The dealer said it was an easy fix and said he could fix it for free because it was just an engine cap issue. I tried contacting... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re in a difficult situation with this moped. Since the dealer blocked your number and the moped broke down almost immediately after purchase, you might have grounds to request a refund or take further action, but it could be tricky.

First, check if the dealership...
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1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can I employ people for my startup and give them partial ownership of the company in lieu of cash (for now at least)?

I live in Colorado, one of these people is only 17 (my brother, trained in CAD), and as of now the business is literally just me making prototypes in my room, I havent filed anything with the state in terms of LLC or whatever (yet)

James L. Arrasmith
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answered on Jul 18, 2024

Yes, you can employ people for your startup and offer them partial ownership of the company instead of cash, but there are some important considerations. First, you should formalize your business structure, such as creating an LLC or a corporation. This protects you and your employees and clarifies... View More

1 Answer | Asked in Business Law for Colorado on
Q: LLC dissolution

My partner is threatening to forcibly dissolve our LLC claiming I am not managing the short term rental correctly, which is not true.

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 8, 2024

The first step would be to review the operating agreement and determine what if any provisions would apply. USe this information to attempt to settle the issue or proceed with a buy-out.

If you can't come to an agreed-upon resolution the next step would be filing a lawsuit to remove...
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1 Answer | Asked in Contracts, Business Law and Estate Planning for Colorado on
Q: I inherited McDonald's I know for a fact I'm on the last owners will that I get all the money and company. Can you help

I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's

James L. Arrasmith
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answered on Mar 18, 2024

If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More

1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can the IRS collect LLC penalty and interest only, from it's individual members?

I filed a tax return late but did not owe any LLC taxes (in 2014, but I just found out about the charges about a month ago).

The IRS hit the LLC with $2298.46 in penalties and interest, not for owing any taxes.

The LLC was dissolved about 9 years ago, I believe. My question is, can... View More

James L. Arrasmith
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answered on Mar 8, 2024

When it comes to LLCs, the IRS typically views the entity as separate from its members, meaning the company itself is responsible for its taxes, penalties, and interest. However, the way an LLC is structured can influence how the IRS pursues outstanding liabilities. For an LLC treated as a... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2024

Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More

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1 Answer | Asked in Business Law for Colorado on
Q: Can Virtual Addresses/PMBs be used for Principal Office Address in Colorado for LLC?

I am planning to incorporate an LLC in Colorado and have been looking at Virtual Business Addresses. Most of them are all Private Mail Boxes (PMB), and I'd like to know if that is eligible for a Principal Office Address. I know PO Boxes are not allowed.

James L. Arrasmith
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answered on Jan 15, 2024

In Colorado, the rules for setting up an LLC require a principal office address, but this address must be a physical location. While a virtual business address offers many conveniences, it's essential to understand that these are typically considered Private Mail Boxes (PMBs) and may not... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Colorado on
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?

I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.

Kevin Michael Strait
Kevin Michael Strait
answered on Dec 29, 2023

Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC... View More

1 Answer | Asked in Business Law for Colorado on
Q: Does Colorado govern the term of a board officer on a non profit board?
T. Augustus Claus
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answered on Oct 2, 2023

Colorado does have regulations for non-profit organizations, but the terms for board officers are often dictated by the organization's bylaws. It's crucial to consult the bylaws for guidance on term lengths and any restrictions or requirements.

1 Answer | Asked in Banking, Bankruptcy and Business Law for Colorado on
Q: I am in Colorado, can I declare bankruptcy for my business credit card without having my personal credit score affected?

I have a business credit card, and paying off this business credit card is going to take me years. I am okay with declaring bankruptcy on this business credit card and taking the hit to my business credit score as long as the following criteria are assured.

1: My personal credit score must... View More

Clark Dray
Clark Dray
answered on Jul 27, 2023

The most important element here is whether you personally guaranteed the business debt. If you did, the business bankruptcy won't wipe out your personal obligation to pay that debt. If the business is solely liable for the debt, which is very rare, there isn't any reason your personal... View More

2 Answers | Asked in Contracts, Business Law and Construction Law for Colorado on
Q: If a contractor takes a job, and realizing its too big for for one man to accomplish safely after work has started.

This is my first excavation job. Sewer line in alley was originally located 6' deep, ended up being damaged all the way to city tap which is 13' deep. After replacing the damaged pipe, encasing in concrete, backfilling, replaced roadbase, and asphault. A week later the utility company ran... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

A Colorado attorney could advise best, as you have state-specific construction and engineering codes in a project like this, but you posted two weeks ago. One option is for the job to be examined by someone with legal and technical experience with such project to explore options, determine the most... View More

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2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: How am I protected and is this something I should look into or is it too good to be true?

So a local small family owned business is asking for my help as a friend, they are offering a 50/50 partnership (technically less cause someone has a 25% share in their S-Corp business) for a cosign on a $30,000 loan that will save their business and bring it back into the green. They are offering... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2023

You can ask for collateral, like a stock pledge agreement, assignment of accounts, etc.

This type of transaction almost certainly requires an attorney to paper whatever deal is reached. The more complicated; the more it will cost.

3 Answers | Asked in Business Law for Colorado on
Q: What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
Andrew John Contiguglia
Andrew John Contiguglia
answered on Feb 1, 2023

Assuming you are insured, you should tender the complaint to your insurance company and open a claim. Depending on the type of policy you have, they will likely assign a defense attorney to defend the action on your company's behalf. If you are uninsured, you will be required to hire a defense... View More

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1 Answer | Asked in Business Law for Colorado on
Q: Hi I am a massage therapist. What if someone have my license and did someone bad with it. Will I responsible for someone

Will I be responsible for it ?

Like if they have a copy of my license and list it on their store and they did something illegal with it without my knowledge. Will I be responsible for it ?

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2023

A Colorado attorney could advise best, but your question remains open for two weeks. It could be a problem if someone walks in off the street and says that they relied upon the representation in the window that they were treated by a licensed professional. Good luck

2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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