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Business Formation Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: Is it legal for a company to charge me for not being enrolled in autopay? I'm being charged 7.50 a month, seems illegal.

The company is Sunrun and based out of Denver Co, I am in the state of Ca.

William John Light
William John Light answered on Feb 25, 2021

Under California law, an employer may lawfully deduct the following from an employee's wages:

1. Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.

2. Deductions expressly authorized in writing by the employee to cover...
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1 Answer | Asked in Business Formation and Business Law for Arizona on
Q: I'm looking for a Business attorney that can help me prepare a Certificate/Resolution per the SBA request.

This was the email I received from SBA below

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1. Please provide a Certificate/Resolution that includes:

a. A statement that the LLC held a meeting and specify the date (on or after loan approval date of 6/2/2020)

b. A statement that the LLC authorizes... Read more »

Ilene L McCauley
Ilene L McCauley answered on Feb 23, 2021

Thanks so much for the list. You will need to hire an attorney to prepare these for you. If the business is in San Diego the attorney must be licensed in California.

1 Answer | Asked in Business Formation, Business Law, Tax Law and Trademark for California on
Q: i have my own business and i went as far as paying for my trademark do i have to pay taxes on my business still?

i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number

Julie King
Julie King answered on Feb 21, 2021

If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... Read more »

2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

James Alan Greer
James Alan Greer answered on Feb 21, 2021

Dear General Contractor with "entity formation" question: You asked which type of entity formation would be the best in the state of California for a company intending to operate as a licensed General Contractor under the auspices of the Contractors State License board... Read more »

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2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 22, 2021

The answer to your question should be developed in an initial free consultation by video call or telephone call. The short answer is ... it depends" ... upon your preferred management structure, the operations plan, your succession plan ... and how well you get along with others ...

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I had a LLC administratively dissolve in 2015. Can I create a new LLC with the same name instead of reinstatement?

No business was conducted from 2015-present under that name. No outstanding debts or contracts either. The name is really the only asset, but I don't want to pay $1000+ in fees. The name of the expired LLC is still available.

Keith Kanouse
Keith Kanouse answered on Feb 20, 2021

Yes you can.

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

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1 Answer | Asked in Business Formation, Business Law, Copyright and Gaming for Maryland on
Q: Can you re-sell custom painted video game controllers as a legal business?
Mark Oakley
Mark Oakley answered on Feb 17, 2021

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... Read more »

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: If I wanted to use pura vida yoga for my business name, is that okay?

I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.

Ina Shtukar
Ina Shtukar answered on Feb 15, 2021

I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.

1 Answer | Asked in Business Formation for New Jersey on
Q: I own a registered ecommerence businesses in a split level home , My neighbor is coping me what can we do

I have a legal EIN and registered business with state and federal , what ever i do they copy to the excat measures i do I am not sure if they are legal or not

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2021

Your situation is something that will require an in person document review and more facts, which will be beyond what most attorneys would include in a free consultation. Paying for an hour of an attorneys time will be a wise investment and you will know how to proceed. During this pandemic, you... Read more »

1 Answer | Asked in Business Formation for California on
Q: I am want to create a business and register the name, but the name already exists and it's also registered.
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Then you probably cannot use that name without licensing it from the owner. Contact an intellectual property attorney in your area.

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1 Answer | Asked in Consumer Law, Business Formation and Trademark on
Q: Hi...I am looking to register a brand name which shows cancelled 710 - section 8 on the portal. Pls advise
Evelyn Suero
Evelyn Suero answered on Feb 5, 2021

Generally, a cancelled trademark based on Section 8 typically occurs when the owner fails to file the required declaration, however the trademark may still be in use by the original owner or some other business. Consult with a trademark attorney for advice on your specific trademark.

2 Answers | Asked in Business Formation and Business Law for Nevada on
Q: Hello - I'm trying to find a document that states I have a DBA in Clark County - State of Nevada. Where should I look?

I've been using the name since I'm guessing 2013 or 2014.

Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on Feb 3, 2021

Hi There,

Here's a link to search for your DBA (aka FFN, Fictitious Firm Name), in Clark County, NV:

https://clerk.clarkcountynv.gov/AcclaimWeb/Fbn/SearchTypeFbnByName

Link to statutes:

https://www.leg.state.nv.us/nrs/NRS-602.html

Hope this helps point...
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1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... Read more »

1 Answer | Asked in Banking and Business Formation for Maryland on
Q: Can a minor operate a bank account for a business?

I'm an 16 year old trying to start a non-profit. As a minor, am I allowed to operate the bank account for my non-profit?

Mark Oakley
Mark Oakley answered on Feb 1, 2021

Until you turn 18, you are deemed a minor without legal capacity to enter into binding enforceable contracts. That means no other parties will agree to do business with you if they know you are a minor. Banks require that you show photo ID and proof of age, so you cannot open an account solely in... Read more »

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... Read more »

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: Can I use the word muggle in my company name? I’m selling chocolates
Julie Fowler
Julie Fowler answered on Jan 25, 2021

If you hope to benefit off of the potential intellectual property of another, you may be opening the door to legal action. Whereas using the name "Southwest" when referring to a chocolate company might not give you an issue, referring to a new airline and using the term... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: My business was vandalized by another bussiness. I am suing for fraud.
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

Fraud would not be the appropriate cause of action based on these facts. However, there may be other causes of action including trespass. Please contact me to discuss further.

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