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Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

1 Answer | Asked in Business Formation and Business Law for California on
Q: I what to incorporate so as to give an Artificially Intelligent agent legal rights as a corporation, is that possible?

Can the bylaws be written so an A.I.'s choices are recognized by a corporate board or the AI's code be recognized as part of the bylaws and by default, its choices have to be recognized?

Robert Philip Cogan
Robert Philip Cogan answered on Nov 23, 2020

Attempting setting up bylaws in this manner could be problematic. It may be better to decide what your business objective is. An attorney can evaluate your needs and seek to implement your business objectives by recognized legal means. It may be unnecessary to attempt a highly unusual approach. You... Read more »

1 Answer | Asked in Business Formation for Minnesota on
Q: I want to set up a parent LLC and have 3 different subsidiary LLCs under it in Minnesota. How do I go about filing them?
William Bailey
William Bailey answered on Nov 20, 2020

If you want it done correctly, you contact a reputable business law firm and retain their services.

2 Answers | Asked in Business Formation and Business Law for California on
Q: I have an LLC biz license in CA for a brewery/distillery. I've decided to start my hand sanitizer biz w/a dif name/logo

I have maybe another 2 offshoot business (all using brewing ingredients or manufacturing brew-related items) as well. I'm wondering if I need 3 separate business licenses/ llc's-like subsidiaries. The "parent" company "St. James Brewery & Distillery LLC" will now... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 19, 2020

It is wise to consider all these factors. It appears that your objective is to get the best result for your bottom line and to minimize risks. Among the many factors to be taken into account are whether you are planning for a long term duration of the company or whether you are seeking to build the... Read more »

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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my kids..kids will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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2 Answers | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: I am starting a in home music lesson business and I wonder if I can hire all the teachers as independent contractors

It will be teachers from major cities in different state. I wonder if they can be independent contractors instead of employees

I set up a website with paid ads that matches teachers who are looking for students with families looking for teachers to teach their kids at home. The teachers are... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

The question of whether someone is an employee or independent contractor comes down to "control."

Additionally, the Internal Revenue Service uses a right-to-control test to assess a business' tax liability.

For example, if these musicians had specific hours of work,...
Read more »

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1 Answer | Asked in Business Formation and Civil Litigation for Michigan on
Q: If you post something online for a certain price do you have to sell it at that price or lower?

Let’s say some dealership is trying to be slick and use Facebook marketplace. They post a product for ridiculously cheap knowing that product is way more then the posted price. Could a consumer sue the dealer to get the product for the posted price?

Brent T. Geers
Brent T. Geers answered on Nov 15, 2020

As they say, "the devil is in the details". You would really need to ascertain what, if any, strings are attached to the offer, and whether you met all those conditions. Let's just say, for example, a store advertised new refrigerators for $100, but the conditions were that you had... Read more »

3 Answers | Asked in Business Formation, Business Law, Employment Law and Personal Injury for California on
Q: Special Employment - Joint Responsibility

If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or does my bar implicitly accept liability of the suspended company in the... Read more »

William John Light
William John Light answered on Nov 14, 2020

If you want legal research, you'll have to pay for it. This isn't a place to get free, detailed legal advice. Attorneys volunteer their time to answer questions for consumers in need. Issues of liability, special employment, agency, insurance, are complicated. Those answers... Read more »

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2 Answers | Asked in Business Formation and Copyright for Michigan on
Q: I want to make a baseball hat with these same initials. Can I do that?

I want to use the initials GTFO.

Steve Charles Vondran
Steve Charles Vondran answered on Nov 9, 2020

Go to USPTO search trademarks. See if anyone us using this in your classification. Also do a common law search (especially in the state you are planning to do business), and others. A lot of similar marks are allowed to co-exist, but do a little leg work and see what you find. Good legal. This... Read more »

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1 Answer | Asked in Copyright, Business Formation and Business Law for Texas on
Q: I have celebrities on my clothing brand. could I get sued?

I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?

Allison Higgins
Allison Higgins answered on Nov 9, 2020

Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to... Read more »

1 Answer | Asked in Business Formation and Contracts for Tennessee on
Q: Can a business partner Sue someone with no contract or agreement signed in state of Tennessee
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 6, 2020

There is an old saying that anyone can sue anyone for anything. The question would be whether someone can sue over an oral agreement? Most oral agreements are valid. There are a number of exceptions. For instance a contract for the sale of real estate must be in writing.

1 Answer | Asked in Consumer Law and Business Formation for California on
Q: If a small business/start up's corporate lawyer is married to the CEO, is that a conflict of interest or an issue?
Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 6, 2020

For whom? If they both agree to accept any conflicts I'm not sure there is one.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: Does a Florida single-member LLC offer personal asset protection in the event of a lawsuit?

I am a Home Health Physical Therapist Assistant (1099 Independent Contractor) in FL. I have professional liability insurance but want to make sure my personal home, retirement, savings and investment accounts are safe if I am sued. I set up a single-member LLC, but my accountant recommended to... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 3, 2020

You seem to be concerned about protecting yourself from any professional malpractice suits, which is what professional liability insurance is for. If you provide your services under an LLC, you'd need to insure both the LLC and yourself individually, and if that causes a substantial... Read more »

1 Answer | Asked in Business Formation, Copyright, Intellectual Property and Trademark on
Q: Does our company logo and name intervene with the trademark and copyright of stance socks?
Allison Higgins
Allison Higgins answered on Nov 3, 2020

Hi there. Thanks for submitting your question. However, there is not enough information to give an answer. I strongly recommend reaching out to a trademark attorney to help protect your brand. Many trademark attorneys offer free consultations.

Best of luck!

2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

Hello!

I want to convert my marketing business into a nonprofit organization.

My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.

That mission is obviously... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Nov 2, 2020

If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »

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1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: If I want to start an arcade rental business. Will it be considered illegal in any way. I would be purchasing the arcade

Technically i would own the arcade and would just be providing a rental service for those who are interested

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

Arcade means an establishment that has five or more coin/token or other modes of activation operated amusement devices in an area dedicated to the housing of coin-operated amusement devices. Keep in mind, no alcoholic beverages may be sold or consumed in the area separate and designated as arcade.... Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: What kind of license do I need to manufacture and sell cosmetics (NOT drugs) in Tennessee (Handcock county).

I have contacted every agency I can think of in Tennessee to find out if I need a license to manufacture lotions, soap and Bath Bombs in Tennessee. Everyone says they know if no requirement. If this is true, is there a county or city license I need?

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 30, 2020

You would need a business license for the city / county where you are dong business. Beyond this the soap products are regulated -

I am attaching below a link that may help you get some guidance....
Read more »

1 Answer | Asked in Business Formation, Business Law and Employment Law for Connecticut on
Q: can my company make payments on personal loan of mine instead of paying me a higher salary?

my company made loan payments for me instead of paying me a higher salary....now they want me to pay taxes on this money? is that legal

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 29, 2020

If your company pays your personal loan directly it must be reported as additional income to you and an expense to the company. If you own the company, you should check with your accountant to see if there are any actual tax savings.

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for North Carolina on
Q: Business partner locked me out of all company-related accounts. Both are 50% owners. What can I do? Details below.

My business partner got power-hungry and locked me out of my company email and quickbooks account as well as the bank account. She has contacted customers and told them to cease further communication with me. What can I do legally? I am 50% shareholder and a company officer.

State: NC... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A North Carolina attorney could advise best, but you await a response for two weeks. Your post could be a little bit difficult to respond to. Unlike many of the basic general legal questions that are posted here, your matter appears complex in nature. To give you any kind of meaningful guidance, an... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: Do I need a LLC or PLLC for a licensed for HVAC company in Teaxs?
Allison Higgins
Allison Higgins answered on Oct 25, 2020

Hello. Thanks for reaching out with this question. According to the Texas SOS website, A/C contractors can only create LLCs or for-profit corporations. It is advisable that you contact a licensed attorney and/or accountant to help determine the best business structure for your goals.... Read more »

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