Ask a Question

Get free answers to your Business Formation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Business Formation Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Should we open an LLC or LLP for our trading card business?

I'm planning to start a trading card business with my partner, where we are the only two people working for the business. We plan to keep finances simple with a joint business account and track all purchases. Our primary goal is to grow the business, and we're looking for a 50/50... View More

Michael Cherewka
Michael Cherewka
answered on Apr 16, 2025

You should meet with an experienced business attorney and a CPA to discuss this before you just choose an entity type (LLC v LLP v S Corporation) and have a 50/50 partnership. I am generally not a fan of 50/50 ownership unless you have very clear documentation on how you terminate or get out of a... View More

View More Answers

2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Michigan on
Q: Can I operate locally as "Kadosh" and later trademark it?

I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More

Patrick A. Twisdale
PREMIUM
Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Initially, I would advise seeking trademark counsel to fully advise you on your situation.

There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of...
View More

View More Answers

2 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I form an MMLLC or MMLLC taxed as S corp to stay limited partner?

I am a successful owner of an Amazon automation store and would like to transition to a limited partner role while someone else manages the store. I am considering forming an MMLLC and either having a manager as a partner or setting up the MMLLC to be taxed as an S corporation and hiring a manager.... View More

Keith Kanouse
Keith Kanouse
answered on Apr 12, 2025

Forming an LLC and then electing Subchapter S status offers advantages over forming a corporation and then electing S status, particularly in terms of flexibility, ease of formation, and potentially lower overall administrative costs. While both structures provide similar tax benefits (pass-through... View More

View More Answers

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Do all my blogs need separate DBAs, or can one encompass all?

I started a blog and obtained a DBA as I plan to earn money through the blog. I now have three additional blogs; two are similar to the first, and I am creating an umbrella to incorporate these blogs under one primary site. One of the subsidiary blogs has its own DBA. I am uncertain whether each... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

You should speak with an attorney to clarify and highlight all the details, but in general, you do not need a separate DBA for each blog unless you plan to operate each publicly under a different name. Since you are creating an umbrella site, you can use one DBA that reflects the overall brand and... View More

View More Answers

4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

David Aldrich
David Aldrich
answered on Apr 3, 2025

The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More

View More Answers

4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.

View More Answers

4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

Felicia Altman
Felicia Altman
answered on Apr 3, 2025

In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More

View More Answers

2 Answers | Asked in Business Formation and Business Law for California on
Q: Do I need to amend my LLC agreement and notify California after manager change?

I am currently considering a change in the management of my LLC (partnership) agreement where the manager changes from my mom, who is a partner, to myself. The LLC agreement has not been updated since it was originally drafted, but it does contain clauses specifying procedures for notifying changes... View More

Pavel Kolmogorov
PREMIUM
Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

Regarding the LLC agreement amendment, I would advise to review the agreement and follow the procedures outlined there for management changes. Even if an amendment isn’t required, it’s good practice to document the decision in writing (e.g., through a resolution or updated management... View More

View More Answers

Q: Can non-U.S. residents wholesale real estate in Texas and receive assignment fees abroad?

I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 1, 2025

Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.

The key is to manage your properties and taxes correctly. Get...
View More

View More Answers

2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Georgia on
Q: Can I use a trademarked business name if it's abandoned for over 2 years?

I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More

Sarah Teresa Haddad
PREMIUM
Sarah Teresa Haddad pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.

Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts...
View More

View More Answers

2 Answers | Asked in Business Formation, Business Law and Real Estate Law for Alabama on
Q: Procedure for selling a non-corporate church in Alabama

What is the procedure for selling a non-corporate church in Alabama, considering there are no bylaws, no involvement from the board of trustees, no property debts, no agreements on distribution of sale proceeds, and no restrictions from state authorities?

James Blount Griffin
James Blount Griffin
answered on Mar 31, 2025

Check the title records in the courthouse. Find the deed transferring the property to the church. Who or what entity owns the church and its land? The deed should say so exactly. Whoever has title has the right to sell. Whoever sells it would likely sign at closing an "seller's... View More

View More Answers

2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Independent contractor taking belongings from shop without legal issues

I am an independent contractor planning to leave the shop where I currently work to start my own business. There is no contract in place with the shop, and there have been no disputes regarding the ownership of my items. I have clearly stated receipts for all items I own. Do I need any additional... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025

As an independent contractor planning to leave your current shop, you can generally take any belongings you’ve purchased and have receipts for without legal issues. To avoid misunderstandings, it’s a good idea to create a list of your items with proof of purchase and photos. Notify the shop... View More

View More Answers

2 Answers | Asked in Business Formation and Business Law for Maryland on
Q: How can I keep my home address private for a Maryland sole proprietorship?

I'm planning to start a sole proprietorship in Maryland, providing video production services from my home. I deeply value privacy and want to keep my home address private. The filing website mentions that a P.O. Box cannot be used. Can I use a registered agent to maintain my privacy? Are there... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

You need a real address for the principal office. It does not need to be your personal residence. Obviously, that means you need to arrange for another address. If you have a friend or colleague willing to let you use their existing office for the purpose, basically a mail drop for you, that’s... View More

View More Answers

3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 28, 2025

Trademark rights are generally territorial, meaning they're valid within specific countries or regions. So, a lack of registration in Ghana doesn't guarantee freedom elsewhere. It is possible that the name "Bloom Beauty Bar" is already registered within other countries.... View More

View More Answers

3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

View More Answers

2 Answers | Asked in Business Formation, Business Law and Tax Law for New York on
Q: Launching a taxi-hailing platform in New York: legal considerations for capital income exchange and cash split.

I am a developer planning to launch a taxi-hailing platform in New York, partnering with driver cooperatives. What should I consider legally regarding capital income exchange and structuring the cash split with the cooperatives?

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

This is a great question with a lot of moving parts. Structuring a platform like this—especially in New York—raises regulatory, tax, and contractual considerations. You’ll want to think through how revenue flows between you and the cooperatives, how profits and risks are shared, and whether... View More

View More Answers

2 Answers | Asked in Trademark, Business Formation, Business Law and Intellectual Property for Georgia on
Q: Could I face legal issues using "The Property Princess 706" for my real estate business?

I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More

View More Answers

2 Answers | Asked in Business Formation, Business Law, International Law and Real Estate Law for Florida on
Q: Can an unregistered foreign company conduct rent-to-own leases for trailers in Florida?

I am wondering if a foreign company, which is not registered in its own state or in Florida, is allowed to engage in rent-to-own leases for equipment trailers in Florida. The company has already conducted several such transactions in Florida. Are there legal requirements or risks involved with not... View More

Keith Kanouse
Keith Kanouse
answered on Mar 23, 2025

Yes. Even though your business is out of state, you may be required to register to do business in Florida as a foreign business entity with the Florida Department of State, Division of Corporations and/or file tax in Florida. Some common examples of activities that create a business connection... View More

View More Answers

2 Answers | Asked in Business Formation and Business Law for California on
Q: As a mobile notary in California, do I need to form an LLC or business entity?

I live in California and am becoming a mobile notary and plan to expand into loan signing services. I'm wondering if I need to form an LLC or another type of business entity for my notary services or if there's anything specific to consider for liability or business structure when... View More

Pavel Kolmogorov
PREMIUM
Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

You can legally operate as a mobile notary and loan signing agent as a sole proprietor without forming a business entity. However, forming an LLC could offer significant advantages, particularly for liability protection and professional credibility, which are especially relevant given your plans to... View More

View More Answers

2 Answers | Asked in Business Formation and Business Law for California on
Q: Naming requirements for a professional corporation in California as a licensed counselor.

I am a licensed professional clinical counselor in California and I'm thinking of opening a professional corporation solely under my license. I plan to supervise registered counselors eventually. Are there specific words or terms that must be included in the company name, similar to how LMFTs... View More

Pavel Kolmogorov
PREMIUM
Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

There are indeed specific naming requirements you must follow under state law. The California Business and Professions Code, which governs professional clinical counselor corporations, mandates that the name of your corporation reflects its professional nature and purpose.

Specifically,...
View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.