Lawyers, Answer Questions  & Get Points Log In
Business Formation Questions & Answers
1 Answer | Asked in Business Formation for Georgia on
Q: Is it legal to open a distillery in Georgia for whisky? And if so hat are the licences needed?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 23, 2020

Yes you can legally open a distillery in GA. Here's a good resource for general information http://georgiadistillers.org/

I would suggest finding an attorney in the county where you're planning to open.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an unqualified...
Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board

Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board that I owe in excess of $900 for back "taxes" in 2018, which I think is the $800 annual fee. Am I still responsible to pay this? or can I ignore these notices since the corporation... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Generally you're not personally liable for the franchise fees.

It may be worth having a professional take a look and write a letter to the franchise board.

1 Answer | Asked in Business Formation, Estate Planning and Land Use & Zoning for Kentucky on
Q: I would like to start an Airbnb on my grandmas property in Frankfort KY. I have called division of planning and zoning

For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

Evidence of ownership, proof of insurance and a tax I’d number both federal and state.

1 Answer | Asked in Business Formation for Georgia on
Q: Forming the operating agreement for my SMLLC - Is it best for me to maintain no ownership interest of company property?

Does this allow for another degree of separation? What are the potential pitfalls?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

The company should own the company property. Otherwise you risk veil piercing which is where parties are allowed to ignore the entity protections ans come after you personally for debts and liabilities.

1 Answer | Asked in Immigration Law, Business Formation and Business Law on
Q: I am an international student on a F1 visa, can I work on it as a part time employee on my cpt
Hector E. Quiroga
Hector E. Quiroga answered on Jan 7, 2020

If you are otherwise eligible, yes. You should speak with your DSO to confirm this.

1 Answer | Asked in Business Formation, Business Law and Legal Malpractice for California on
Q: Is there anything legal that can help i feel as if they are committing a crime as a shady business

I bought furniture from ashleys and it was delivered damaged. Called the same day and filed a complaint. Yet they want to send a tech fo my house to bring it up to manufacturing standards. They want to fix it instead of swaping it with a new one. And they denied my request to swap for a new one . I... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Jan 5, 2020

The short answer is to let them know that if you do not get "what you paid for" … then you will want to post an adverse review on Yelp and to take them to small claims court to get your money back and/or to receive what you paid for.

1 Answer | Asked in Business Formation for Pennsylvania on
Q: Can I start a home beer and liquor delivery service in Hanover, Pa.?

I want to run the operation from home at first, and hire local people to pickup and deliver. I'm sure I can't stock my own because of the liquor licenses around here. They're scarce.

Michael Cherewka
Michael Cherewka answered on Jan 2, 2020

This is not a question you are going to get answered in such a short space. PA has a complex and fragmented liquor law, and beer is treated separately from wine and liquor. Further, there are also separate laws if you brew your own beer or make your own wine. Licenses/permits are required for... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Colorado on
Q: Where is the Statement of Authority filed? county where the entity is formed or county where the property is located?

My lender is requiring a statement of authorization as my property is owned by my holding company which is a LLC which is wholly owned by myself. They want me to have a certificate of authorization recorded by the county. I don't know which county to file it with and also what this accomplishes as... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 29, 2019

It's filed in the county where the property is located. It's the document that verifies that you have the authority to act on behalf of the LLC. Just because you own it does not automatically mean you have the authority to make decisions on behalf of the LLC. Notary's county does not matter.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Wyoming on
Q: Should I establish as a LLC or S-Corp in Wyoming? What's the best tax-saving path?

I currently reside in California and am planning on establishing my consulting agency. It will just be me and planning to hire independent contractors.

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 29, 2019

You should setup an LLC in the state where you operate. Then determine if an S-election is appropriate for your LLC.

If you establish in WY you'll have to file a foreign registration in CA.

Hire a professional.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Can I use the name wild Wonka for a business?
Michael Doland
Michael Doland answered on Dec 24, 2019

There appears to be no trademark under this name. That leaves Michigan (https://www.michigan.gov/lara/) conflicts of existing Michigan entities.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Merry Christmas! Do I need licenses/permits to operate a translation agency in Florida?

I registered my translation and interpretation company with the state of Florida. I also got an EIN. But someone told me I need permits to run the business here in Florida, but they didn't specify which kind of permits I need.

Please, can you tell me if I need any other permit or license to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 24, 2019

The professions and occupations which require specific permits are listed here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXII#TitleXXXII

I don't see translation agencies listed.

View More Answers

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Business Formation for Rhode Island on
Q: Citizens Bank won't refund money stolen from my business account, now what can I do?

My home office was broken into while I was away. And ex-employee broke into a locked filing cabinet. Jumped threw every hoop they asked, including filing a police report. I also filed with the BBB, OCC and a couple of others. After 6 months of getting the runaround, I get a letter from the OCC... Read more »

Andrew Bilodeau
Andrew Bilodeau answered on Dec 17, 2019

Hi Richard,

Sorry to hear an ex-employee robbed you. Did you check your insurance policy of you are covered for employee dishonesty? Some policies have automatic coverage like $5K-$15K.How were the monies taken, by ACH/wire/check?

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Oklahoma on
Q: Yes if you do any kinda work for a big corporation. Do they have to pay you ? Can they make you work for free?
Tim Akpinar
Tim Akpinar answered on Dec 16, 2019

If your question refers to working and not being paid in the capacity of an employee, that's something an employment attorney could handle best. That category isn't included in the chosen categories. If you mean in the capacity of someone having done work for a corporation (maybe as a contractor,... Read more »

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: If I file trademark for a certain class am I allowed to do everything within that class or only that initially stated.

I want to file a trademark for an LLC I want to make

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

Depends.

In theory yes, but you need to stick close to what you listed.

If you plan to sell more than just your initial description, you should list it in your application.

www.legalbizglobal.com

1 Answer | Asked in Business Formation and Business Law on
Q: What rights do the sides in this agreement have?

Someone wants to sell his apartment. For this purpose he goes to the real estate agency to find the buyer. The agency finds a buyer, who is interested in the apartment, two months later. The buyer and and the seller meet and agree that they want to sign a contract to sell the apartment but since... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 15, 2019

It's possible this could result in an action for the commission. A real estate attorney would probably have the best insight into such a situation. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation on
Q: How much does it cost to send a legal notice in India?

I wanted to file legal notice to my colleague who has taken my money for the last 8 months, can anybody help me out, how much does it cost to send a legal notice?

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 13, 2019

Is this a personal matter or business? Are both parties US Citizens? How was the money given, and for what purpose? Is the litigation going to be handled in the USA or India? There are more questions to ask. However, generally speaking, a Demand Letter might be the first step in the process. Please... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to prevent... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

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
Leonard R. Boyer 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.

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.