Lawyers, Answer Questions  & Get Points Log In
Michigan Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: I'm starting an in-home caregiver business and don't know to hire employees or independent contractors.

I would give the "hire" a schedule and work tasks that each senior client requests. I would be running this business in Michigan. The hire would keep track each client visit and turn in to me a completed "task sheet" at the end of each week. I think that is about the extent of... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 12, 2018

Work for someone else until you learn the ropes. And don’t sign an agreement not to compete.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: LLC using a virtual address instead of using home address

I live in an apartment complex (Clinton Township, MI) and recently opened a LLC. I purchased a "virtual address" online - a Troy, MI address.

The Troy address is much more professional looking. It is not a location I can work from, it is just a location that can receive mail for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 8, 2018

The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is... View More

1 Answer | Asked in Business Formation, Consumer Law and Insurance Bad Faith for Michigan on
Q: Can a Financial Institution in Michigan add "Forced Place Insurance" on an Auto loan in light of the Wells Fargo suit?

On August 20, 2015, I entered into an Used Car Loan with People's Driven Credit Union (PDCU) in Southfield, MI for less than a $20k loan at 2.49% via Champs Auto Sales in Detroit, MI. My down payment was $5k & for six months I made timely payments of $420 ($2,520) then PDCU Forced Placed... View More

Adam Alexander
Adam Alexander
answered on Apr 20, 2018

If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract... View More

1 Answer | Asked in Business Formation, Tax Law and Real Estate Law for Michigan on
Q: I formed one-member-LLC for a 6 units-house, where I also live. Do I have to register my LLC for Michigan state tax?

One website says "Register Your LLC for Michigan State Tax" but when I visited Michigan Unemployment Insurance Agency website, it says I am liable to pay Michigan Unemployment Taxes if my LLC "Has one or more employees in 20 different weeks within a calendar year" Am I myself... View More

David Soble
PREMIUM
David Soble
answered on Mar 13, 2018

If you are paying employees under your limited liability company, you will have to pay withholding taxes unless - state and federal taxes. Yes you need to register with the state. Your accountant can assist you with your paperwork and tax filings.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: If I create an acronym in order to advertise an event such as an open house do I have to have it licensed or approved?

A group of moms from church with small businesses and homemade crafts want to get together for a vendor show/open house. We can't identify ourselves with the church since it isn't a church sanctioned event, and we aren't from the Chamber of Commerce or any other official... View More

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2017

That would be fine. Do you plan to hold these or other events again in the future? If so, you might want to give some thought towards incorporating. That would make the name associated with the organization permanent.

If it's a one-time thing, it probably wouldn't be worth the hassle.

1 Answer | Asked in Business Formation and Real Estate Law for Michigan on
Q: A farmer who was going to lease my property this year planted wheat last year without having a lease for my property

no payment for rent was ever made either....is it now legally mine?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 24, 2017

This depends on whether or not a Tenancy by sufferance was created. Did he lease the land last year? Did you intend to reduce this to writing but just never got around to doing that? Was there some sort of VERBAL lease (never a good idea, but it is OFTEN done particularly with farm land!) Has the... View More

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: I am a Member of a 2 member LLC, i am looking to buy out my partner with business funds. Is this legal? in Michigan

We have no operating agreement but are in complete agreement about an equal payout for 50% interest in the company. At which point the other member will withdraw from the LLC. What Documentation is Necessary and what are the tax implications? Is it possible to structure the payout as part cash and... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

All of that is possible, since an LLC is essentially a partnership in corporate form providing limitations on the personal liability of the members. Even a simple bill of sale would be sufficient documentation. The tax impact depends on the other member's "capital account," as for... View More

1 Answer | Asked in Business Formation and Legal Malpractice for Michigan on
Q: Do layers have to be licensed to practice law in Michigan and if so who issues them the secretary of state?
Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Lawyers must be licensed through the Supreme Court of Michigan.

1 Answer | Asked in Business Formation for Michigan on
Q: registering a LLC for foreigners "a partnership with a secretary of the state" means that they are partners of my profit
Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

There is no question here. Talk to a local business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
View More

1 Answer | Asked in Business Formation for Michigan on
Q: If my LLC has elapsed ( due to non-payment of filing fee ) how can I reinstate it?
Charles Snyderman
Charles Snyderman
answered on Jul 4, 2014

What State did you form the LLC in?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.