Business Formation Questions & Answers

Q: I was wondering what is the first step in investing into a friend's small start up business?

1 Answer | Asked in Business Formation for California on
Answered on Jun 21, 2017

A financial analyst should consider the investment in great detail. A lawyer should help draft the necessary contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 &...
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Q: Can I start an online buisness and sell fidgets(which are toys) before registering to anything just to test the market

3 Answers | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Jun 21, 2017

Yes, just check with the dept. of taxation regarding whether you have to charge sales tax or not if you are just selling online.
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Q: Can your employer LEGALLY control where you can place your private IRA investments? The employer is worried about ...

1 Answer | Asked in Business Formation and Employment Law for Pennsylvania on
Answered on Jun 19, 2017

I suggest you get a list from them. It seems like it would be a violation of them to tell you who you may and may not invest with. But then the question is do you want to fight now, or go with it move your IRA as soon as you are out of there, or use another investment vehicle?
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Q: Im thinking of starting a disney, marvel, harry potter and so on... themed escape room would that be ok ?

1 Answer | Asked in Copyright and Business Formation for Nevada on
Answered on Jun 15, 2017

For the purposes of this answer, I am assuming that you mean a business that operates recreational escape rooms:

It would be wise to seek the permission and a license for this use from the owners of those intellectual property assets. If a customer were to think that your escape room were endorsed by the companies that own those assets, you'd almost certainly be liable for trademark infringement.
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Q: How do I structure a 501c3, when my plans are to grow to national and hyper-local chapters?

2 Answers | Asked in Contracts, Mergers & Acquisitions and Business Formation for Florida on
Answered on Jun 14, 2017

I suggest that you hire a business attorney to work with you through this process and get specific one on one advice face to face. This is a large goal that you have which is great but you need to get an attorney on board now and build the structure as you go forward.
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Q: I want to sell a product that looks similar to another.

1 Answer | Asked in Business Formation, Consumer Law, Products Liability and Intellectual Property on
Answered on Jun 13, 2017

Depends on degree of similarity--appearance is sometimes called "trade dress, "
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Q: I want to open a parody marvels restaurant. Like with iron man and those characters. Can I do that ?

1 Answer | Asked in Contracts, Criminal Law, Business Formation and Business Law for California on
Answered on Jun 12, 2017

That sounds like a potential IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 & Child Custody, and Education Law. This...
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Q: Im thinking of starting a private autocross car club on a private farm in Long Islnd. what zoning rules must i adhere to

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for New York on
Answered on Jun 8, 2017

It's a special use, local AND state rules will apply.
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Q: I made the mistake of filing my company as an S-Corporation when I really need to be an LLC. How do i go about changing?

1 Answer | Asked in Business Formation for Georgia on
Answered on May 30, 2017

There can be some complicated issues related to conversion of a corporation to a limited liability company. There are several methods to convert a corporation to a limited liability under Georgia law. Under one method, the board of directors must adopt a plan of conversion, the shareholders must approve the plan, and a certificate of conversion must be delivered to the Secretary of State. I would expect that you would need the assistance of an attorney to convert from a corporation to an...
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Q: Hello,Can i use a pen name signing up my personal information on the copyright.gov website? Should i get it trademarked?

1 Answer | Asked in Business Formation, Contracts, Copyright and Trademark for California on
Answered on May 30, 2017

You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.

So, I'd say no. Names can be protected, but not if they are others' names as well.

A better alternative might be to form a limited liability company, or a subchapter S corporation.
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Q: Phone service provider will not honor a promo although employee wrote in memo and gave me the offer.

1 Answer | Asked in Business Formation, Business Law, Contracts and Consumer Law for Florida on
Answered on May 30, 2017

I would say that you are already doing what you can to resolve the situation. If they will not honor the deal ask them to cancel the contract and take your business to another carrier.

The expense of hiring a lawyer to fight this case will far outweigh the free third line.
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Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?

1 Answer | Asked in Business Formation, Products Liability, Federal Crimes and Health Care Law for Kansas on
Answered on May 29, 2017

If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
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Q: What kind of licencing and fees in order to open this business?

1 Answer | Asked in Business Law and Business Formation for California on
Answered on May 26, 2017

You may need a contractor's license and a business license, at least. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 & Child Custody,...
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Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?

1 Answer | Asked in Banking, Business Formation, Business Law and Employment Law for Georgia on
Answered on May 25, 2017

Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
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Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music

2 Answers | Asked in Business Law, Copyright, Business Formation and Trademark for California on
Answered on May 24, 2017

The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
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Q: My father wants to take over a printing business and wants me to put the business in my name. He has an investor friend

1 Answer | Asked in Business Formation, Business Law, Family Law and Mergers & Acquisitions on
Answered on May 23, 2017

First as the owner you will be responsible for all debts and operations of the business. So to start, the business should be put in a corporation or LLC. You can be the sole manager and thus have control of the business and the investor and your father can own percentages of the business as well. I think you need to speak to an attorney and make sure you are protected so that this business does not put you in bankruptcy if something goes wrong. If the business leases property, you may need...
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Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
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Q: What are the steps I have to take to take over control of a business from a relative who's not an immediate member of my

2 Answers | Asked in Business Formation for Pennsylvania on
Answered on May 22, 2017
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Q: If I decided to sell/make things as a hobby, and it doesn't earn me a lot cash to live off of,do I get a licence

2 Answers | Asked in Business Law, Tax Law and Business Formation for California on
Answered on May 21, 2017

If you sell products or service, you may be required to obtain a business license from the city you conduct your business in, regardless of your profit. Contact your city. The way you described your operation, the IRS may not allow you deduct your expenses, unless profit motive and proof thereof, if questioned. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation...
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Q: What kind of liability protections do I need to start a tour guide company for cliff jumping?

2 Answers | Asked in Products Liability, Business Formation and Personal Injury for California on
Answered on May 20, 2017

Waivers would only help so much. You'd need certified instructors, business licenses, related contracts, insurance, and other protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
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