Business Formation Questions & Answers

Q: LLC INFORMATION

1 Answer | Asked in Business Formation for New York on
Answered on Aug 8, 2018
Michael David Siegel's answer
Just get your EIN. Some business require certain licenses, but there is no general business license required if you are a corporation.

Q: LLC using a virtual address instead of using home address

1 Answer | Asked in Business Formation and Business Law for Michigan on
Answered on Aug 8, 2018
Thomas. R. Morris' answer
The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is not a legal question.

Q: I have a DBA w/an EIN. I want to start another business. Do I need an LLC to house them? Or can they stand alone?

1 Answer | Asked in Business Formation for Texas on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
You could create a parent company entity, or you could create standalone entities. Both would be viable strategies, depending on your concerns and the risks related to the businesses.

The appropriate type of entity is very much dependent upon the situation. An LLC may not be the appropriate solution, and you should consult with an experienced attorney to discuss the pros and cons of the different options available to you.

Q: can you open your home for a vacation rental in the center of residential neighborhood without seeking a license

1 Answer | Asked in Business Formation on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
Depends on the laws of your jurisdiction. Your State may not require licensing, but your municipality might.

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Answered on Aug 3, 2018
Michael Hales' answer
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

Q: LLC agreement between partners

1 Answer | Asked in Business Formation for Ohio on
Answered on Aug 3, 2018
Matthew Williams' answer
And what is your question? If you want to know what it says...its important to have Section 8.2 as well.

Q: I heard Husband & Wife LLC can be still treated as a disregarded entity so as sole propertorship. Is that true?

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Answered on Jul 31, 2018
Thomas A. Grossman's answer
Go to the following link on your computer: https://ttcl.intuit.com/questions2133106. They will have an answer for you. It is, however, rather long and complicated. Good Luck.

Q: Are we a true subsidiary? If not could we break away?

3 Answers | Asked in Contracts, Copyright, Business Formation and Business Law for New Jersey on
Answered on Jul 20, 2018
H. Scott Aalsberg Esq.'s answer
A lawyer would need to review at a minimum the formation documents for the business.

Q: My informal business partner is not pulling his weight and I'd like to take the product and move on without him.

1 Answer | Asked in Contracts, Business Formation and Business Law for Florida on
Answered on Jul 19, 2018
Romy B. Jurado's answer
You may have formed a general partnership. A partnership is a business form created automatically when two or more persons engage in a business enterprise for profit. I would have him signed documents stating that no partnership was formed and disclaiming any rights to the product.

Q: What happens if you breach an NDA after the company has breached your contract and has not invoiced you?

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Answered on Jul 18, 2018
Richard Gary Burt's answer
In California, a non-compete between a company and a former employee is invalide. That is, in California, a company cannot legally require an employee not to compete with the employer after the employment has terminated. This applies whether or not the company has breached the employment agreement and whether or not the employee has breached the employment agreement.

The obligations of an NDA might be independent of any obligation of the company (it depends on the facts). Any claim for...

Q: What constitutes "doing business as"?

1 Answer | Asked in Business Formation for New York on
Answered on Jul 12, 2018
Michael David Siegel's answer
A d/b/a is something you get from the Secretary of State. Doing a real estate business in your own name is not the best plan.

Q: I owned a business in Ohio but now reside in Florida. An issue has come up with filing 2017 taxes.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Answered on Jul 12, 2018
Terrence H Thorgaard's answer
For Ohio state taxes, you probably should have an Ohio attorney, but that's a matter the attorney (in either state) can answer. For federal taxes, an attorney in either state should be able to help you.

Q: adding child support or temporary child support to an otherwise 50-50 legal and physical court order, immediately

1 Answer | Asked in Child Support, Contracts, Family Law and Business Formation for California on
Answered on Jul 11, 2018
Angelina Bradley's answer
The short answer is you should take your child custody order or agreement to DCSS and apply for their help establishing and enforcing a child support order. That process will take 3-9 months.

Also apply for unemployment and for public assistance for some help till you get back on your feet. Good luck.

Q: Does filing a personal bankruptcy affect my ability to launch a business (getting loans, etc.)?

1 Answer | Asked in Business Formation for New York on
Answered on Jul 9, 2018
Michael David Siegel's answer
As loans are governed by credit ratings, and a bankruptcy will appear on your credit report and lower your credit score, the answer is yes.

Q: What does a lawyer do when creating a partnership agreement?

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Answered on Jul 6, 2018
John Espinosa's answer
First have a conversation with all proposed partners to determine their legal needs and goals. Then advise on the best way to form the entity and draft the appropriate documents to accomplish same.

Q: Hi. I want to open my small Home Based business. And 1. I Want to know what kind of licenses do i need?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Jul 5, 2018
Thomas A. Grossman's answer
First of all, when you say "home based business," I assume you mean you are going to operate you business from your home. If that's the case, if you live in a condo development or other planned unit development, you may have to clear it with the HOA. Some HOA rules allow you to operate a small business at home as long as you do not create a lot of traffic and parking issues due to your business. You will probably need a City License for the business, and you'll need to set up a tax account...

Q: I live in TX, but am buying a property in KY with a newly formed KY LLC. Do I need to qualify the LLC in Texas?

1 Answer | Asked in Business Formation for Texas on
Answered on Jun 29, 2018
Benton R Patterson III's answer
There are specific requirements governing when a business entity must register to conduct business in Texas. An attorney would need to know all the facts about the business to answer this question. The address of the business is not the registered agent's office. Typically, the business address is listed in its formation documents. If it is not, the business may not have been set up properly.

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.