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New Jersey Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Defense for New Jersey on
Q: Should I have separate insurance policies for my rental LLC’s, or can it be a named insured on my personal policy?
Leonard R. Boyer
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answered on Dec 5, 2019

Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.

1 Answer | Asked in Business Formation for New Jersey on
Q: I’m not sure if I should set up a separate llc from my original or if I should add it under my current llc
Leonard R. Boyer
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answered on Sep 12, 2019

What I almost always recommend to clients with very rare exceptions is to form a "C" Corp (INC) and have the "C" corp own each LLC, with no more than 1 project in an LLC at any one time. The LLC must be at least 3 members. This puts two layers of corporate protection between you and any problems.

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Business Formation for New Jersey on
Q: The road was not clearly closed and there were few cars with me who all passed this area. Should I plea not guilty
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 7, 2019

You could but you have not provided a defense, for example what does it mean by the road was not closed clearly? If you gave this defense to the judge without a clear explanation and proof, you will lose.

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business own

I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business owner. My friend is living in USA so I will open a partnership ( 50 50 %) firm with him. What type of business type, we need to register to start a business in New Jersey state?... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 8, 2019

Good question, but if your looking to get an l1 you will need to do a lot more than just open a company in the US. First visit the US maybe on a tourist visa and while here setup an in office consultation and speak to an immigration lawyer who also knows business formation law.

1 Answer | Asked in Business Formation for New Jersey on
Q: If a nonprofit corporation name has not been renewed, can someone else make a nonprofit corporation under the same name?
Leonard R. Boyer
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answered on Dec 8, 2018

Yes, they would be able to, but it is not likely. So, I suggest that you renew it now.

1 Answer | Asked in Business Formation for New Jersey on
Q: I am involved with helping to start a non-denominational church in NJ. Which statues would apply to our church?

Specifically, I am looking for what is required in regards to officers and trustees. I am not sure if Title 15a or Title 16 applies. If Title 16 applies, does that mean no provisions from Title 15a apply? If Title 16 applies, which section is applicable to my church as a non-denominational church?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 5, 2018

The answer generally depends on how the entity is formed. You need to speak to a lawyer, I suggest you setup a consultation with one, it may cost you money for the consult, but at least you will get the advise you need.

1 Answer | Asked in Business Law and Business Formation for New Jersey on
Q: Registered LLC and co-founder question

The LLC was registered last May and I invited one of my friends to work together in September last year. Currently, I have 100% ownership. My friend wants to have 35% ownership. But based on his contribution, this percentage is too much high. We don't have any agreement in written so far. But... View More

Leonard R. Boyer
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answered on Sep 3, 2018

This is a prime example why people who want to set up a business need to retain an attorney to prevent problems, especially when you mix business and friendship. A one member LLC is useless. I would never set up less than a 3 member LLC for any client. The next thing you need to do is have your... View More

3 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Are we a true subsidiary? If not could we break away?

Our Japanese parent company, started this subsidiary back in the 80's. We purchase their products from them, pay them in full, and don't share the revenue from the deals that are made. That is the extent of the relationship. What really makes me question if we are a legitimate subsidiary... View More

Leonard R. Boyer
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answered on Jul 21, 2018

You need to have an in person consultation and extensive document review, to make that determination and to find out exactly what you can and cannot do. You need a law firm that has both civil litigation and intellectual property experience. Pick the best lawyer you can find and remember one rule:... View More

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2 Answers | Asked in Business Law and Business Formation for New Jersey on
Q: Do I need to hire an attorney to draft my new business's articles of formation or can I do it myself?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 11, 2018

Yes, you should hire a lawyer to make sure that they appropriate for you type of business otherwise you may have a problem in the future.

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1 Answer | Asked in Construction Law, Contracts, Business Formation and Business Law for New Jersey on
Q: My brother & I formed a site construction co. 3 yrs. ago, It was agreed that my name would not be listed as an owner

The agreement stipulated that the company would pay my back taxes of about $20000 in the first 6 months of operation at which time I would be listed as an owner.

I solely run the daily operations of this company,all clients were brought with me into this agreement.. In return for investing,... View More

Leonard R. Boyer
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answered on Apr 29, 2018

You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not... View More

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: What are the state & federal rules & regulations for a residential cleaning business in NJ?
Leonard R. Boyer
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answered on Apr 21, 2018

No one on this forum, is going to do the research for free to answer your question. This will require a paid legal consultation with an experienced business attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally... View More

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3 Answers | Asked in Business Law and Business Formation for New Jersey on
Q: Once you decide to start a business how long do you have to retain a business license in the state of New Jersery?
Leonard R. Boyer
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answered on Apr 10, 2018

As long as you want to operate the business. You really need to have an in person consultation to set up the right corporate structure, have the proper protection for any intellectual property that you may have, as well as have contracts properly drafted to avoid unnecessary problems and potential... View More

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1 Answer | Asked in Business Formation for New Jersey on
Q: Is it required to purchase insurance during the business formation process?
Leonard R. Boyer
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answered on Apr 6, 2018

Some things are just prudent to do whether or not they are legally required. Business formation should only be done with the assistance of an attorney who knows the corporate structures and can help protect both you and your business from all sorts of problems.

1 Answer | Asked in Business Law and Business Formation for New Jersey on
Q: What business structure is right for us? What state should we form in? Is our initial approach sound?

*Regarding Corporate Law*

Our business plans to bid on and fill small-to-medium sized U.S. government defense contracts primarily regarding ammunition, firearms, and related military accessories. We currently have 2 employees (founders), and are located in New Jersey. As of yet, we have no... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 15, 2017

A good business lawyer would need to know much more information to give you the correct answer. I suggest you setup a consultation with one (lawyers charge for time and advise) and expect to pay a at least a few hundred dollars. But that small fee could save you thousands later on. Just for your... View More

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: I opened a business with a silent partner. All paper work is in my name. He bought acouple of the equipment we use.

He wants out and doesn't want to be apart of it. Now wants all the money he invested back. Can he cone and take his equipment back that he bought from the property that I lease?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 17, 2017

Maybe it would depend on the terms of your operation agreement which I hope you have.

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1 Answer | Asked in Business Formation for New Jersey on
Q: How should start up approach an established company for partnership?

My friends and I (3 of us) started a website about 8 month ago. In order to complete our site, we need to integrate/work with a third party company. The following is a silly illustration/mock of our idea:

We created a website that matches candidates to shelter pets through a survey.... View More

Leonard R. Boyer
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answered on Jul 8, 2017

Not without retaining experienced legal counsel to accompany and advise them every step of the way.

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for New Jersey on
Q: What does it take not to be called a bank?

How close can a company get to not being called a bank legally?

Leonard R. Boyer
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answered on Jun 30, 2017

Your question is too vague to answer.

1 Answer | Asked in Banking, Business Formation, Business Law and Legal Malpractice for New Jersey on
Q: How long can a company get to avoid been called a bank legally?

Can a company sell virtual points that people can buy and use to buy stuff from stores that agree to cash in those points for money at the end of every month from the company?

How CLOSE can a company get to avoid been called a bank legally?

Paul J. Riviere
Paul J. Riviere
answered on Jun 30, 2017

Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You... View More

3 Answers | Asked in Bankruptcy, Business Formation and Business Law for New Jersey on
Q: If a ch 7 personal bankruptcy filer has capital contributions to an LLC or an S Corp, how should it be noted?

Should that be as a loan to the company or a capital account? Is one better than the other in a chapter 7? Contributions were made a long time ago.

Michael David Siegel
Michael David Siegel
answered on Mar 7, 2017

It should be listed as it is held in the books and records of the LLC.

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