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Business Formation Questions & Answers

1 Answer | Asked in Business Formation and Business Law for Florida on

Q: I need to issue 9,000,000 additional shares to my existing 1,000,000 share c-corp in Florida. How can I do that?

Bruce Alexander Minnick answered on Aug 22, 2019

You do it the same way you issued the first one million shares.

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on

Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »

Ronald J. Eisenberg answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on

Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »

Jeff Merrick answered on Aug 22, 2019

Greetings,

This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick

merrick@jeffmerrick.com

503-665-4234

1 Answer | Asked in Business Formation for Illinois on

Q: Do I need to be a LLC or similar? As an independent contractor Process Server I want to protect myself, home, car etc.?

I use my own car and am paid 1099 in my own name. In case of an issue during the serve or an auto accident while working I want to protect my family, house, cars etc from litigation/responsibility.

Michael R. Smith answered on Aug 21, 2019

As an Indiana attorney, I'm not familiar with Illinois rules governing process servers, so I can't tell you if there are any specific provisions of those rules that might affect the answer to your question. But I can answer your question as a general matter.

As long as the LLC is properly...
Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on

Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC... Read more »

Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

1 Answer | Asked in Business Formation, Tax Law and Business Law for Iowa on

Q: What is the least expensive way to buy into an LLC with regard to Iowa and federal tax cost?

Father and two siblings put farm into LLC (split 50/25/25). One of the siblings is going to nursing home and selling their membership units (25%). An agreed price has been established for units. Should the LLC buy the seller's units and then sell them to me? OR Should I buy into the LLC first? What... Read more »

D. Mathew Blackburn answered on Aug 20, 2019

You need to hire a professional. There's a few things in your question that are not correct in regards to how an LLC functions. You're going to need more detailed advice than should be given through this forum.

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on

Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Wyoming on

Q: What is the effective difference between a C-Corp and an LLC taxed as a C-Corp?

I am from the UK and looking to setup a US business. I've decided that taxation as a C-Corp is best as I am looking to build capital and retain profits in the company so a pass-through entity is not ideal. I understand that as a C-Corp, things are more formal and decisions require minuted... Read more »

D. Mathew Blackburn answered on Aug 19, 2019

For tax there is no difference. For state business compliance issues a Corporation has slightly more things that have to be done to maintain the corporate veil. Annual meetings are required where an LLC can waive them you have to set a par value for shares and report the number of shares issued... Read more »

1 Answer | Asked in Business Formation, Business Law and Small Claims for North Dakota on

Q: Subway and their false advertisement question?

so you walk into a Subway in the sign on the glass usually states, make it what you want. Well if you try to order a wrap let's triple or quadruple me, they claim that corporate policies do not let you. Wouldn't that be considered false advertisement because now I'm not getting to be able to make... Read more »

Tim Akpinar answered on Aug 18, 2019

With those types of statements, the underlying premise is that the customer's wishes would be fulfilled, within a standard of reasonableness, not necessarily in a literal sense; or in this case, within the reasonable guidelines of their corporate policies. You could consult with an attorney to ask... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for California on

Q: Is it legal for me to leave business cards on office building doors?

I'd like to hand out business flyers at individual office suites within an office building. Do I need the landlords or cities permission to do this? Can I leave business cards behind if the tenant is not present.

Tim Akpinar answered on Aug 14, 2019

Yes, it would be advisable to get the landlord's permission, identify yourself at the security desk, and obtain tenant's consent at their reception desk if you are given permission to go up to their floor or suite. Enhanced security protocols have made entering large office buildings more stringent... Read more »

2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas on

Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a... Read more »

Tammy Lyn Wincott answered on Aug 13, 2019

I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

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1 Answer | Asked in Business Formation for Massachusetts on

Q: If I have a Service Mark under an LLC can this be considered a "business name" to add to a business bank account?

I have an events LLC producing different types of events. I would like to have two brands under the main LLC to do business as. If I trademark or service mark the 2 event brand names, would that be enough to do business as and add the name to a business bank account? Or would I also need to open... Read more »

John Espinosa answered on Aug 10, 2019

It isn't one or the other, they have different purposes. The short answer is that you should probably do both in order to accomplish everything you describe, and likely other things too. Hire a business attorney to give you specific advise on all of this.

1 Answer | Asked in Business Formation for Nebraska on

Q: I want to start a vacation rental (AirBNB, VRBO) management company in Nebraska.

Basically I would just manage the listings and cleaning. Do I need a real estate brokers license or any other licenses for this?

Julie Fowler answered on Aug 8, 2019

What licenses you may need depends on the specific structure of your business. If you are only listing, renting and cleaning a couple of properties that you personally own, you may need need a broker license or similar license. If you are doing such with property owned by others, you may very... Read more »

1 Answer | Asked in Business Formation and Communications Law on

Q: Which options for communicating with a business come to your mind immediately?

When i contact a business:

When a business contacts me:

Tim Akpinar answered on Aug 7, 2019

Telephone, email, letter, text, fax, and messaging platforms

Tim Akpinar

1 Answer | Asked in Business Formation and Business Law for New York on

Q: How do I move an LLC from NY to CA in a process that results in a domestication equivalent.

I am under the impression that New York doesn't allow for domestication, and because it is required in both states it wouldn't be possible as a result. Therefore, my only options would be creating two LLCs, potentially dissolving the original, or creating a foreign entity in CA. However, I recently... Read more »

Michael David Siegel answered on Aug 7, 2019

There would be no reason to do this. It does not impact taxation or operations.

1 Answer | Asked in Business Formation, Business Law, Contracts and Real Estate Law for Puerto Rico on

Q: HOA laws in Puerto Rico. Looking for info on where laws can be found, summary analysis of key, legislative structures

Nelson Jose Francisco Alvarez-Aponte answered on Aug 6, 2019

Hello and thank you for using JUSTIA. There is no one place to find HOA regulations. Each community sets up its own rules and regulations. However there are basic rules such as horizontal laws for condominiums and access control laws for gated communities.

2 Answers | Asked in Business Formation and Business Law for California on

Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?

I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?

Richard Michael Gee answered on Aug 6, 2019

It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Ohio on

Q: I help with an online business that isnt an actual established business, kind of like selling stuff on facebook.

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... Read more »

Bruce Alexander Minnick answered on Aug 5, 2019

Since you saw the need to double down and admit to being involved in further cybercrimes I saw the need to repeat my advice posted in answer to your earlier question.

Based on your own description of the "online business" that you say you "help run" it will be hard for you to convince many...
Read more »

2 Answers | Asked in Banking, Business Formation and Business Law for Ohio on

Q: I help run an online business, and I need advice

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... Read more »

Matthew Williams answered on Aug 4, 2019

You should hire an attorney to go through the transactions, the customer complaints, and the rest of your business to help you prepare to defend allegations that you are part of the scam.

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2 Answers | Asked in Business Formation and Contracts for New York on

Q: I make three payments for a contract about cleaning house I nobody told me nothing nobody called me

I don’t know was going on

Michael David Siegel answered on Aug 3, 2019

You can sue for your money back, or file a police complaint for consumer fraud.

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