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Business Formation Questions & Answers
3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Do I need to file a Foriegn LLC in California if I register my startup in Delaware ?

I am just thinking of starting my own company and currently living in California State. As most tech statups are registered in Delware, I was planning to register in Delaware. But since I live in California do I need to register it in california as well ? I will be the only person working for now.... View More

James L. Arrasmith
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answered on Jun 30, 2024

To answer this question concisely:

Yes, if you're living and operating your business in California, you'll likely need to register your Delaware LLC as a foreign LLC in California, even if you're the only person working and have no sales or revenue yet.

Key points:...
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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

William J. Amann
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answered on Jun 22, 2024

Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More

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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.

First, verify the legal ownership of the business name. If you registered the LLC under this name and...
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2 Answers | Asked in Business Formation and Business Law for Indiana on
Q: What licenses or certifications do I need to start a business on Printify in Indiana?

I don't know if I need to create a tax ID, register my proposed business entity as a business, or whatever else I might need to do to start a business. I don't want to get in trouble later for something I didn't do today.

James L. Arrasmith
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answered on Jun 21, 2024

To start a business on Printify in Indiana, you'll need to take several steps to ensure you're operating legally. Here's a concise overview of what you'll likely need:

1. Business Structure: Choose and register your business structure (e.g., sole proprietorship, LLC,...
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2 Answers | Asked in Business Formation and Business Law for Indiana on
Q: What licenses or certifications do I need to start a business on Printify in Indiana?

I don't know if I need to create a tax ID, register my proposed business entity as a business, or whatever else I might need to do to start a business. I don't want to get in trouble later for something I didn't do today.

Jennifer Newton
Jennifer Newton
answered on Jul 2, 2024

To help you get started, here are the key steps you should consider when starting any business:

Business Structure: Decide on your business structure (e.g., sole proprietorship, LLC, corporation). Many small business owners choose an LLC for its liability protection and tax flexibility....
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: What licenses or certifications do I need for tax purposes to start a business on Printify?

I am wanting to start a business on Printify and want to know what licenses or certifications I need for tax purposes, if I need anything on behalf of my business, if I even need to register as a business, etc. I have no idea where to start.

James L. Arrasmith
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answered on Jun 19, 2024

To start a business on Printify, which is a print-on-demand platform, you may need to consider the following licenses, certifications, and tax requirements:

1. Business structure: Decide on the legal structure of your business (sole proprietorship, partnership, LLC, or corporation). This...
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1 Answer | Asked in Banking, Business Formation and Business Law on
Q: What business license is required to operate an escrow service for consumers? Home renters are my customers.

My startup allows home renters to put their security deposit in my platform when they rent homes. I return the money back after their lease ends minus the fees for the service. What type of license is needed to run this? Its like a consumer escrow i think

Jennifer Newton
Jennifer Newton
answered on Jun 17, 2024

Your startup idea is indeed similar to a consumer escrow service, which typically involves handling financial transactions and holding funds on behalf of your customers. Operating an escrow service generally requires specific licensing and regulatory compliance, which can vary by state.

2 Answers | Asked in Business Formation for Connecticut on
Q: Hello. Will using the registered agent's address as the business address allow possible piercing of the corporate veil?

A registered agent company told me that if I availed their service as the registered agent, I could use their address as the business address, too. But I read somewhere that this could result in losing the legal protection an LLC offers; i.e., piercing the corporate veil.

Joshua Bradford Kons
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Joshua Bradford Kons
answered on Jun 21, 2024

Generally speaking, for piercing the corporate veil in Connecticut, courts look at whether the owner exercised complete control over the business and its practices so that the business is a mere “instrumentality” of the owner, or if the business and the owner effectively share the same identity... View More

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1 Answer | Asked in Business Formation for Illinois on
Q: I'd like to start a small business in the form of a wellness center. What kind of ownership structure would I need?

The wellness center would focus on physical fitness and recovery but would also hope to drive a lot of community value by being very active with the locals in terms of volunteering and events. It would ideally be a holistic approach to serving the community as well as the members themselves. I want... View More

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

Choosing the right ownership structure is crucial for both the success of your wellness center and your personal and financial interests. Here are a few options to consider:

Sole Proprietorship: As the sole owner, you would have complete control over the business. This structure is simple...
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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

1 Answer | Asked in Business Formation for Illinois on
Q: Can you please help me understand if my company requires foreign llc formation

-Business Owners/Cofounders: 3

-Business Nature: Online digital marketing agency offering online services, no physical locations, completely remote work

-Business Owner Locations: Florida, California, Ohio

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

To better understand whether your company requires foreign LLC formation, we need to clarify what you mean by "foreign LLC." In general, a foreign LLC refers to an LLC that is registered to do business in a state other than the one in which it was originally formed.

Here are a few...
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1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Illinois on
Q: Can a person start a small thc edibles business in Illinois?

Is it possible for a person to have a legal business similar to a cottage food license in Illinois for selling edibles containing THC?

Jennifer Newton
Jennifer Newton
answered on Jun 8, 2024

Starting a THC edibles business in Illinois requires obtaining an infuser license from the Illinois Department of Financial and Professional Regulation (IDFPR). THC edibles cannot be produced under a cottage food license due to stricter regulations. Compliance involves ensuring product testing,... View More

1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law on
Q: Hi, I recently obtained an EIN number over the phone, I'm from Jamaica, is it possible for me to attain an ITIN

Hi, I recently obtained an EIN number over the phone, I'm from Jamaica, is it possible for me to attain an ITIN number to use in place of an SSN number in order for me to open a bank account and use Paypal and those other services which require such details ?

James L. Arrasmith
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answered on Jun 8, 2024

As a foreign national from Jamaica, it is possible for you to obtain an Individual Taxpayer Identification Number (ITIN) from the U.S. Internal Revenue Service (IRS). However, you must meet certain eligibility requirements:

1. You must have a valid reason for needing an ITIN, such as filing...
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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law on
Q: I'm a jamaican citizen who recently attained an EIN over the phone from the IRS, I need an ssn number to operate my onli

I'm a jamaican citizen who recently attained an EIN over the phone from the IRS, I need an ssn number to operate my online business through serivces such as paypal, how can i attain one or is there another number i can use for this kid of process ?

James L. Arrasmith
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answered on Jun 6, 2024

I apologize, but as a foreign citizen, you are not eligible to obtain a U.S. Social Security Number (SSN) solely for operating an online business. SSNs are typically issued to U.S. citizens, permanent residents, and certain temporary residents who are authorized to work in the United States.... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Can my Board of Directors of my Non for Profit, re write the bylaws to change the definition of a membership of the org?

We want to have just the board of directors and teachers committee vote on board seat vacancies and we don't get a lot of membership activity to warrant their input, other than their regular participation in weekly sits (Meditations and Dharma Talks)

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

Yes, your Board of Directors can generally amend the bylaws to change the definition of membership and voting rights, provided that the current bylaws and your state laws permit. Here would be the steps:

Review Current Bylaws: Check for the amendment process.

Draft Amendments:...
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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Could I buy a “holding” company LLC that holds recipes and stipulations for the restaurant LLC I own 60-40?

My partner is essentially a silent partner so I would be interested in buying the “holding” company and use that to possibly expand in the future and keep the restaurant LLC its own thing.

Michael Cherewka
Michael Cherewka
answered on Jun 2, 2024

Not sure what you mean by buying the holding company. But it is not unusual to set up a separate LLC to own recipes or systems/processes or equipment and the license or lease them to multiple operating entities for each restaurant location. Provides asset protection, different streams of revenue... View More

1 Answer | Asked in Business Formation and Business Law on
Q: There are four person going to start a business. Two are investors two are handlers.

One person from handler is the one who made idea and found investor to start it. He knew investor and handler and he is the source developer and we can say manager. I want to know the profit division of this business .

Jennifer Newton
Jennifer Newton
answered on May 31, 2024

Determining the profit division in a new business with multiple stakeholders requires careful consideration of each person's role, contributions, and the agreements among all parties involved. Here’s a general approach to structuring the profit division for your business involving two... View More

2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

After reviewing the details of your investment in the cannabis business in Oklahoma and the issues you've encountered, here are some potential legal actions you can take :

Demand Letter: Initiate with a formal demand letter requesting the return of your $100,000 investment. Clearly...
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