Business Formation Questions & Answers

Q: I have used a particular set of words in academia and I am interested in using this as a business title.

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 15, 2019
Thomas A. Grossman's answer
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...

Q: What permits/licenses are required in unincorporated San Bernardino County CA to sell and sample prepackaged jerky?

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...

Q: Hi, which licenses are needed for a business that holds customers money in accounts that they can access across country?

1 Answer | Asked in Banking, Business Formation and Business Law for California on
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be regulated by that state's Attorney General's office. The actual names of the departments/divisions will vary in each state. The cost of each license will also vary, but it may cost you somewhere...

Q: If I own a business with my husband (partnership) and I want out of the business can I sell my half w/o consent

1 Answer | Asked in Business Formation for Colorado on
Answered on Feb 7, 2019
D. Mathew Blackburn's answer
Technically you could sell your ownership interest as there is no restriction because there is no operating agreement.

Colorado is an equitable separation state so it's not automatically 50/50,but yes the cash or the ownership of the entity would both be marital property subject to division by the court.

I would suggest retaining an attorney, or two there's a lot of nuance in divorce and business sales. There are likely other factors that you shouldn't discuss on a public...

Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Answered on Feb 4, 2019
Kelli Y Allen's answer
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

Q: How can I find out all the bankruptcy filings that happen. I may be interested in purchasing the company or assets.

1 Answer | Asked in Bankruptcy and Business Formation for California on
Answered on Feb 2, 2019
Timothy Denison's answer
Go to pacer.gov, set yourself up an account and you can see all the bankruptcies file by region.

Q: How do I start a sole proprietorship for my online reselling business as a minor?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
you need a parent or guardian to register your business. you have no capacity to enter into any type of contract. so you need a legal guardian.

Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on
Answered on Jan 29, 2019
Daniel DiCicco's answer
Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

Q: Can we sent out a text to customer third-party site ) to place Food Order - send a thank you and status text

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Virginia on
Answered on Jan 29, 2019
F. Paul Maloof's answer
The law in Virginia does not allow you or prohibit you from sending such as text as described.

Q: Want to start a Property Management Company in MI where I would purchase & rent the properties. What's required?

1 Answer | Asked in Estate Planning, Real Estate Law, Business Formation and Business Law for Michigan on
Answered on Jan 27, 2019
Trent Harris' answer
Business savvy and real estate management experience would be a good start. If you have those, you will be exposed to the various ownership entities real estate investors use to acquire and operate rental properties. You would have agreements and requirements for various independent contractors and trades who will work at your buildings to maximize the quality and accountability of their work, make sure they carry appropriate insurance coverages which contain additional insureds designations in...

Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak

1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on
Answered on Jan 27, 2019
Neil Klingshirn's answer
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.

In addition, you should agree now on how to exit the business when the...

Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?

1 Answer | Asked in Business Formation, Copyright, Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Answered on Jan 23, 2019
Kevin E. Flynn's answer
Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand, if you find that you need to modify the off-the-shelf components to make your business work, you might be in position where a patent makes sense.

To approach this from a high level, here are...

Q: A friend has 2 companies under her LLC. I want to start a third business under her LLC. What would it take?

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on
Answered on Jan 22, 2019
Abraham C. Bloomenstiel's answer
Thanks for your question. Unfortunately, this is a difficult question to answer without more information. It would help me to know the type of LLC your friend has and what ownership or relationship your friend's LLC or other two companies under it will have with the new business that you want to start.

Speaking very generally (and making a lot of assumptions), if your friend has an LLC that operates several businesses under it, then her LLC is likely classed as a "series LLC."...

Q: We need to set up an LLC for our business. What type of lawyer do we use for that? What is the average cost to do so?

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
A business lawyer such as myself handles such issues as business formation, but it's key to also consider having a lawyer draft crucial contracts that you may need in dealing with employees and other 3rd parties, review your business for compliance with related laws, consider Intellectual Property issues, draft Partnership agreements, and offer some litigation prevention strategies. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: What should a business person do to protect themselves for being blamed for a non forced entry burglary regarding guns

1 Answer | Asked in Business Formation and Criminal Law for Louisiana on
Answered on Jan 19, 2019
Ellen Cronin Badeaux's answer
You need to hire a criminal attorney because this question is way too complicated and you did not give nearly enough details to answer on a website

Q: Does sweat equity count when there is a call to capital?

1 Answer | Asked in Business Formation for New York on
Answered on Jan 17, 2019
Michael David Siegel's answer
It depends on the formation documents. If this is an LLC it is the operating agreement. If a corporation it is the shareholders agreement.

Q: I want to create a business, but only register the trademark, how can i do it

1 Answer | Asked in Business Formation, Intellectual Property and Trademark on
Answered on Jan 16, 2019
Griffin Klema's answer
Trademark rights are based on use, but a registration can be very helpful. If you need assistance evaluating if you can get a trademark (i.e. have clearance to use the mark), or need assistance getting a trademark (whether federal or state), contact a lawyer who specializes in such matters. I have handled many trademark applications and offer flat fees so that clients can structure their budgets appropriately. Good luck!

Q: Workplace bullying.. what do I do?

1 Answer | Asked in Employment Law, Workers' Compensation and Business Formation for Georgia on
Answered on Jan 15, 2019
Mitchell Feldman's answer
Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a complaint there are anti-retaliation sections of both the Florida minimum wage act in the federal wage law the fair labor standards act as well as coverage under the Florida whistleblower act...

Q: I have a bench warrant for no registration or insurance ticket i never received 3 years ago. What do i do?

1 Answer | Asked in Business Formation, Criminal Law and Traffic Tickets for Kentucky on
Answered on Jan 14, 2019
Timothy Denison's answer
You definitely need an attorney to clean this up. There are several things you can possibly do but first you need the bench warrant set aside and a new court date.

Q: I am a minor in Michigan about to form an LLC. How can I enter into a contract on behalf of my company as a minor?

1 Answer | Asked in Contracts, Banking, Business Formation and Business Law for Michigan on
Answered on Jan 13, 2019
Brent T. Geers' answer
You will need your parents help with this. Other than that, you should be good-to-go.

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