Business Formation Questions & Answers

Q: How to ask permission from a website to use their product photos to sell the same products on a different platfrom.

1 Answer | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Florida on
Answered on Aug 16, 2017

This type of advice will be best to obtain from a lawyer you hire versus this question and answer blog. You likely need to speak with a copyright attorney and or an international law attorney as your question brings into play both types or areas of law.
View Details »

Q: Can I open and register a business in New York City without SSN or ITIN number?

1 Answer | Asked in Business Formation for New York on
Answered on Aug 14, 2017

You can register a corporation without any TIN. To get a tax ID number, a third party with an SSN can request it, but the IRS will treat that person as a responsible party.
View Details »

Q: How can I optimize a sale of business assets when the business is no longer in good standing?

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on
Answered on Aug 14, 2017

More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...
View Details »

Q: Hi. Is cooperative (such as a worker-cooperative) an option as a business entity in Tennessee?

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Answered on Aug 14, 2017

This is not a recognized form of business. Consider a member managed Limited liability company (LLC).
View Details »

Q: Is it ilegal to open a bar that is from a TV show idea not the actual show

1 Answer | Asked in Copyright, Business Formation and Business Law for Minnesota on
Answered on Aug 12, 2017

This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.
View Details »

Q: Is it illegal for me to start an LLC with one other partner if I don't intend on participating in the business?

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for North Dakota on
Answered on Aug 11, 2017

The bigger issue here is addressing why you feel pressured to enter into this arrangement. The only issue that would arise is if you agreed to a certain level of participation in the LLC or voided some other contract.
View Details »

Q: Where is the form to set up a Sole Proprietoriship in California

1 Answer | Asked in Business Formation for California on
Answered on Aug 10, 2017

That is a de facto business structure for a business owned by a single person. Are you seeking a different type of business structure, such as an S-corporation? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY,...
View Details »

Q: Can I dissolve my LLC Partnership but keep my business name?

1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Answered on Aug 9, 2017

Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.
View Details »

Q: How do I know if I need to file for an LLC or an LLP?

1 Answer | Asked in Business Formation for New York on
Answered on Aug 8, 2017

The answer will depend on what you are doing, and tax considerations. While it can be for anything, the LLP structure tends to be for professional type businesses, like law firms.
View Details »

Q: Question about Counseling laws

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on Aug 6, 2017

Short answer is yes. The "in's and Out's". Most likely under the umbrella of being a pastor of a church versus the a Christian counsellor.

I suggest that you consult with an attorney to work through the logistics first.
View Details »

Q: Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Georgia on
Answered on Aug 4, 2017

I cannot provide legal advice about your particular situation. However, here is some general information. If your business is operated using a corporation or limited liability company, unless your articles of incorporation or organization or other organizational documents prohibit it, you might be able to conduct the lawn care business using the same corporation or limited liability company. In such event, I do not believe you would need a new tax identification number. You would need to...
View Details »

Q: Internet Only business - Does it need to file as a foreign business entity in Virginia?

1 Answer | Asked in Business Formation, Business Law and Internet Law for Virginia on
Answered on Aug 4, 2017

To the best of my knowledge, Virgina does allow single-member LLCs. (Single member partnerships are not permitted.)

Your business is conducted online but as the owner you have a physical presence in Virgina, even if just your home. You are therefore required to register as a "foreign" corporation if in operated in another state.
View Details »

Q: Should my mortgage company foreclose my house if I filed for bankruptcy and informed them about it with my case #?

1 Answer | Asked in Bankruptcy, Business Formation and Foreclosure for Texas on
Answered on Aug 4, 2017

If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case dismissed terminates the stay.

Once the stay is terminated all creditors are free to resume collection activities including but not limited to repossession and foreclosure. If this was your second or...
View Details »

Q: How do I know if I should create an LLC for my company? What are the downsides?

1 Answer | Asked in Business Formation for Illinois on
Answered on Aug 3, 2017

This question is very complex for a short answer. Some general considerations are: do you need protection of your personal assets from potential business debts or liabilities; are there investors who do not wish to participate in the day to day activities but wish to invest and share in profits or losses; losses or income will be attributed to owners on their personal taxes at the end of the year potentially; there are other tax advantages which should be discussed with your accountant/cpa....
View Details »

Q: On a limited partnership agreement, are initials required on every page? Or just one signature on the last page?

1 Answer | Asked in Business Formation for Arizona on
Answered on Jul 28, 2017

You have just run into one of the main reasons why some contracts have spaces for initials on each page, and sometimes even on each paragraph. The presence of those initials makes it harder for any party to later make modifications to the overall contract (though certainly not impossible in this age of electronic documents). It also makes it harder for a party to claim that they were unaware of the provisions contained on any particular page. This latter reason isn't very meaningful, because...
View Details »

Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
Answered on Jul 27, 2017

I don't know what new law you are talking about. Do you have a citation for it?
View Details »

Q: Can I start an organization in the name of a deceased public figure?

1 Answer | Asked in Business Law, Copyright, Entertainment / Sports and Business Formation for California on
Answered on Jul 27, 2017

Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.
View Details »

Q: I owned the building in which a family member ran a daycare. Never require her to pay rent. How do I get her out now?

1 Answer | Asked in Business Formation and Landlord - Tenant for North Carolina on
Answered on Jul 26, 2017

You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.
View Details »

Q: With a nonprofit corporation, is it legal for the same person to be both president and treasurer? Eff. year?

1 Answer | Asked in Business Formation for California on
Answered on Jul 25, 2017

There may be issues re: liability protections if corporate formalities are not maintained. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
View Details »

Q: How much can I charge for late payment in a settlement agreement?

1 Answer | Asked in Business Formation, Business Law and Collections for California on
Answered on Jul 25, 2017

Why not have a lawyer draft the terms of the settlement agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
View Details »

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.