You need to contact a business lawyer in your area to discuss exactly what you mean by "an investment LLC" and what "stipulations" you want. It's possible that you're trying to do something you need to be licensed for, and/or for which you need to register the securities being sold.
Hi, I live in Washington State and I am formalizing a small business LLC from my home. The main purpose of my LLC is to purchase real estate property in Texas (residential homes), and put them up for rental. I will utilize a Texas based real estate company to purchase the home(s), and utilize a... Read more »
Yes - a foreign entity doing business in Texas needs to be registered with the Texas Secretary of State. However, an entity that is created for the sole purpose of owning real estate may not need to be registered in TX even though the property is located in TX. While the entity that conducts the...Read more »
The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »
The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark....Read more »
I am the director of a dance team, and we have a couple of trips planned for competitions and other things. They would travel by bus, and I was trying to figure out what I needed to do to make sure that I wasn’t held liable if anything happens during the travel. The dance team is not under a... Read more »
A Texas attorney could advise best, but your question remains open for two weeks. As a general matter, a court might look at what you lost by relying on your friend's assurance - a loan that it looks like you would not have qualified for anyway. It sounds like your friend might have made a...Read more »
Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not...Read more »
The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... Read more »
It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and...Read more »
There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets...Read more »
I remember watching the video of the two men who were waiting for their friend in a Starbucks and one politely asked to use the restroom. He was told no, you’d have to purchase something to use the restroom, for paying customers only. So I was just wondering is it legal for a business to refuse... Read more »
I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »
You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.
It also would depend if there is an integration clause in...Read more »
The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?
The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or...Read more »
Typically, no. That's in part because HOAs are expected to last over many years, and they will want to be able to adjust the dues to account for inflation, or additional or increased expenses of maintaining the common areas.
I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?
Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to...Read more »
If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who...Read more »
My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »
I'm an insurance agent hired as a 1099. I formed the LLC w/ S corp tax designation, but my agency can't pay my LLC unless it is licensed with the state. That requires I carry a 500k E&O policy, which costs approx. 1k/yr. Would I be able to deposit checks made out to my name into... Read more »
I don't see any reason why you could not do this provided you 1) ensure your salary is reasonable based upon fair market comps 2) issue yourself a W-2 at year end 3) pay estimated payroll tax payments monthly (or bi-monthly depending on how often you are paid...ask an accountant) 4) file 940s...Read more »
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