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Arizona Business Law Questions & Answers
1 Answer | Asked in Tax Law, Banking, Business Formation and Business Law for Arizona on
Q: We run a business overseas and want to create a LLC in order to use US Credit cards while paying no taxes in the US

We run a business in Cyprus ( oversea). Can we create an entity in the US(LLC) in order to use this entity to sign up for an American Express Business Platinum Account. Since I am already an amex user in the US, I can transfer my credit history to my business account.

Our business is doing... View More

James L. Arrasmith
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answered on May 14, 2024

As a foreign business, it's important to carefully consider the legal and financial implications of setting up a US entity solely for the purpose of obtaining credit cards, especially if the intent is to avoid taxation. This could potentially be viewed as tax evasion by US authorities.... View More

1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: I recently started an LLC for my business late last year. Do I need to file something about the CTA?

My business has no income yet. I'm just getting started doing Web Development and Technology Consultancy. My CPA mentioned I should check and see if the new CTA Law applies to me or not.

James L. Arrasmith
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answered on Feb 22, 2024

As a new LLC owner in Phoenix, AZ, you should be aware that Arizona's new Commercial Transaction Privilege Tax (CTA) law may apply to your business. The CTA law imposes taxes on various business activities, including web development and technology consultancy services. Even if your business... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: Is it possible to add a second DBA to my existing LLC in Arizona?

My husband and I own an LLC business in Arizona with S-Corp tax status. (My husband is a self-published author, so our LLC falls into the Independent Artists category.)

I'm an oil painter and I now want to start selling my oil paintings online. I'd like to use a different name... View More

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, it is indeed possible for an LLC to operate under more than one "Doing Business As" (DBA) name. This allows a single legal entity, such as your LLC, to conduct various types of businesses under different names while maintaining the same underlying ownership and legal... View More

3 Answers | Asked in Bankruptcy, Business Formation, Business Law and Contracts for Arizona on
Q: Two small business entanglement debt and liability question.

My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2023

A trustee in bankruptcy "steps into the shoes of the debtor". Consequently, a bankruptcy trustee is entitled to pursue and collect/liquidate any obligations to the debtor.

That's in a Chapter 7 case, where a trustee is automatically appointed.

In a Ch. 11, the debtor...
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3 Answers | Asked in Bankruptcy, Business Formation, Business Law and Contracts for Arizona on
Q: Two small business entanglement debt and liability question.

My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More

Diane L. Drain
Diane L. Drain
answered on Jan 16, 2023

Your "employer" needs to talk with an experienced bankruptcy attorney in order to determine their best course of action. This is not a decision that should be made lightly. Do not rely on a "mass-production" law firm (one that pays for advertising on the Internet or TV).... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for Arizona on
Q: Can you help with some legal advise on what I need to do next?

I worked for a company at the beginning of the year who while working for them. I had to pay a monthly subscription to a software called CRM. I stopped working with them back in April and found I was still being charged for the software. I contacted the owner of the company and advise them via text... View More

Joel Friedman
Joel Friedman
answered on Sep 3, 2023

You are in one incorrect legal area, this is not about a work injury and is not a workers' compensation issue. You should limit your inquiry to employment and business law

1 Answer | Asked in Health Care Law, Business Law and Education Law for Arizona on
Q: What kind of lawyer is the best to be consulted about for a physical therapy e-course and its legal requirements?

We need information about the limitations of a physical therapist that is producing their own e-course. As far as certain disclosures, or verbiage they are allowed to use when speaking to users outside their state of certification. Who would be the best person to contact for this? Or, what area of... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

A starting point could be an education law attorney. Some states also offer free information online for the scope of practice of certain professions (Departments of States and others). Good luck

1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Bad Faith for Arizona on
Q: Do I have a good small claims court case?

I took over a business in Sept 2022, 6/7 mos later I gave the business back to the OG owner as it wasn’t a fit. Oct 22 I did work for a customer, charged him appropriately. In feb 23 I receive a chargeback for “unaware of pmt” to my business act for those services. This causes a whole lot of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. Before taking action, it could be advisable to first check with the card, financial institution, etc. to see what their policy and your options are in terms of recourses with chargebacks. Good luck

1 Answer | Asked in Banking, Business Law and Contracts for Arizona on
Q: I thought I canceled a free subscription that turned into a purchase of software and the $ was automatically taken.

I don't have any reason for the software, but I do need the $ that was taken.

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. You could reach out to consumer law attorneys to review your options, based on the terms of the agreement. Good luck

1 Answer | Asked in Business Law and Estate Planning for Arizona on
Q: Does a Trust Protector have to be a Lawyer? Can it be one without a lawyer license?
Anthony M. Avery
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answered on Jun 21, 2023

Usually the Trust Protector can be anyone, but you have to read the Trust Terms. If not a lawyer, that individual will not know what to do to protect the Trust purposes.

1 Answer | Asked in Business Law and Civil Litigation for Arizona on
Q: Can you sue a survival company for having faulty equipment on the survival watch they sell? The compass is faulty.

The watch is "Pro-4 Tactical Survival Watch". Imported and distributed by: Pro-4 Marketing LLC 32411 Industrial Drive, Madison Heights, MI 48071

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

Yes, but it may be easier to just return the faulty watch for a refund if it is new or for warranty repair service if it has been used but is still in warranty.

Lawsuits can be fairly expensive.

1 Answer | Asked in Business Law, Civil Litigation and Collections for Arizona on
Q: Can I file a motion for an extension of time with the court to find an attorney to comply with AZ Rule 26?

I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 3, 2023

Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Arizona on
Q: Def transferd all assets to LLC aftr judgment, can I gain access to LLC with a Default Judgment of new Complaint?

Won a judgment against defendant. The def had an LLC for their business but never used it in any way. It laid dormant since 2019 until my judgment. The original first year address has been outdated and out of commission. The Arizona Corp Commission has suggested this would be an Invalid LLC address... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. You would need to try to “pierce the corporate veil.” It is doable but difficult and a new default judgment or complaint would not be effective in so doing.

1 Answer | Asked in Divorce and Business Law for Arizona on
Q: Husband had a company prior to our marriage but then sold it after 12 years of marriage am I entitled to Money in divorc

Am I entitled to any money from his company during our divorce?

Peter H. Westby
Peter H. Westby
answered on Oct 11, 2022

Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property.... View More

1 Answer | Asked in Copyright and Business Law for Arizona on
Q: Are jokes copyrighted? LIke for example Dad jokes can you sell merchandise with a dad or any kind of jokes?
Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there!

The answer for your question depends on some other things, but in general I would say there are many public domain jokes which can be freely used and are freely used by many people, many products and so on (if the joke slogan is not trademarked for instance).

There is...
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1 Answer | Asked in Business Law, Tax Law and Employment Law for Arizona on
Q: Have I been misclassified as independent contractor ? I have been running a business for someone for 8 yrs .

I only receive commission & 1099. I am asking for reimbursement for all necessary spending & maintenance costs as I’m out of pocket for all. I have had no time off, no health care , no overtime tho I am solely responsible for the business . I sign all client contracts as rep for... View More

Rebecca Hill
Rebecca Hill
answered on Apr 26, 2022

You should call and attorney and request a case evaluation. Whether a 1099 independent contractor is misclassified is a fact specific analysis based on a number of factors.

1 Answer | Asked in Business Law and Landlord - Tenant for Arizona on
Q: Can a land lord lock you out without getting a court order?
Peter H. Westby
Peter H. Westby
answered on Mar 9, 2022

A commercial landlord can lock out a tenant without first obtaining a court order. This option is often specifically reserved in many commercial leases. It is also one of the remedies allowed by ARS 33-361.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby
answered on Dec 22, 2021

This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... View More

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