Business Formation Questions & Answers

Q: How do I gain sole ownership of an online business that I started with someone else?

1 Answer | Asked in Business Formation, Business Law and Contracts for Georgia on
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Unless you provide much more information about the business and everything gone before between you and the person who apparently shut you out of the business you started you will not get many answers on this forum.

Q: If a business name and entity was stolen or transferred without permission, do I sue or contact local authorities?

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Contacting "local authorities" will probably do no good because this is clearly a family business matter. And unless you can show some actual damages the courts will also be hesitant to get involved. Finally, unless the actual amount of money involved is very substantial it is likely that the cost of litigation would make it not worthwhile to sue. However, since only you can answer these fundamental questions, you should contact an experienced business lawyer to help you decide what you want to...

Q: Is there any penalty for a startup if it files an IRS Form 1023-EZ instead of Form 1023 in my situation?

1 Answer | Asked in Tax Law and Business Formation on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
Whoa Nellie; you are allowing the wagon to get out ahead of the horses. Most lawyers answering questions here on Justia are very experienced, and give excellent advice about real problems; however, none of us use crystal balls to foretell future happenstances. This is especially true in business situations, where many new start-ups have no idea what the real business world is all about. In short, all your important small business questions should be directed to your business lawyer (or CPA, if...

Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Missouri on
Answered on Apr 15, 2019
Ahaji Kirk Amos' answer
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

Q: Do I have to give a customer back money on an overpaid check. (Private sale)

1 Answer | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Answered on Apr 14, 2019
Fred Bopp III's answer
I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the extra money. Why don’t you reach out to him, point out the fact that you think he overpaid, and see what he says in response?

Q: Do i need to collect sales tax if im a service provider

1 Answer | Asked in Business Formation and Business Law for Colorado on
Answered on Apr 12, 2019
Andrew John Contiguglia's answer
No. The collection of sales tax only applies if you are selling goods.

Q: Use my personal address on a business bank account? Degree of risk of piercing the LLC veil?

1 Answer | Asked in Banking, Business Formation and Business Law for Michigan on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
There is nothing wrong in using a home or personal address as a business address.

Q: I want to open a wine subscription business based in Georgia.

1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for Georgia on
Answered on Apr 10, 2019
Adam Savett's answer
The answer is probably, but this is NOT a do-it-yourself endeavor.

You should seek a (preferably) Georgia licensed attorney with a specialization in alcohol sales & registration issues. If they have a background in interstate subscription shipping or direct-to-consumer business, then even better.

They will be able to ensure that you file the correct paperwork and that you don't run afoul of the different state laws regarding registration, taxes, background checks, etc....

Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on
Answered on Apr 9, 2019
Joseph Jaap's answer
If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

Q: Are we required to register as a business in the state of California?

1 Answer | Asked in Employment Law, Business Formation and Business Law for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be permitted to make use of our Court System.

If the state discovers you are doing business, they can force you to comply or cease and desist. If you fail to comply you could face problems....

Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Answered on Mar 29, 2019
Wesley Winsor's answer
Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly unethical. There is no criminal liability, but there could be civil liability. Meaning someone might be able to sue you for posting what a company might determine is "confidential" or a "trade...

Q: Is it considered forgery if your wife signs your name to a check without husbands permission

1 Answer | Asked in Banking and Business Formation for Mississippi on
Answered on Mar 26, 2019
Bruce Alexander Minnick's answer
This question is not as easy as it appears. The answer would depend upon several other factors, including whether the husband and wife have a joint checking account, whether the husband has allowed his wife to sign his name to checks in the past, whether the money involved was money that only the husband was entitled to have or was written to both of them and whether the husband wants to stay married.

Q: If someone has a trademark on words. Make It Right in Canada. I have US I company named MIR Contracting can I use it as

1 Answer | Asked in Business Formation for New York on
Answered on Mar 26, 2019
Griffin Klema's answer
You're asking for a registrability opinion (whether you can register your own trademark rights in the U.S.). Much of the answer depends on the DuPont factors that try to answer the question of whether your mark is likely to cause confusion with another registered mark. The simple answer for the Canadian mark is that it would not affect your U.S. rights. But, other U.S. registrations may pose problems for you. Speak to a trademark lawyer first, before investing time and money creating a business...

Q: Legal ways I can get a green card while in year one or two at the University no matter the cost

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Texas on
Answered on Mar 15, 2019
Deron Edward Smallcomb's answer
There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.

Q: I am a starting film maker. I have 2 movies with their own LLCs . should I form production holding LLC?

1 Answer | Asked in Business Formation for New York on
Answered on Mar 10, 2019
Michael David Siegel's answer
This is really more of a tax issue than a legal one. Thus, consult an accountant. That being said, I think the LLCs should be separate, and there should be no umbrella for both.

Q: I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business own

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Answered on Mar 8, 2019
H. Scott Aalsberg Esq.'s answer
Good question, but if your looking to get an l1 you will need to do a lot more than just open a company in the US. First visit the US maybe on a tourist visa and while here setup an in office consultation and speak to an immigration lawyer who also knows business formation law.

Q: Can a Wyoming Closed Corp use register agent to represent the corp officers with the state?

1 Answer | Asked in Business Formation for Florida on
Answered on Feb 28, 2019
Terrence H Thorgaard's answer
Can the registered agent represent the corporation's officers within the state of Florida? It is unclear what you mean by "represent"; to act as those officers' attorney, and in particular to represent them in court, the agent would have to be licensed to practice law in Florida.

Q: Can I sue this app?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 27, 2019
Jason Brooks' answer
While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support, I'd expect them to take a day or so to get back to you. If, after a few days you still have not received a response, nor have you received your payment, then, subject to any limitations or other requirements you agreed...

Q: i have opend a company with the name of 10X construction am i breaking any trademark laws

1 Answer | Asked in Business Formation and Trademark for Florida on
Answered on Feb 27, 2019
Marcos Garciaacosta's answer
Probably, not or yes.

It will depend if somebody is using it already.

You should have a consult and get a search and analysis of what is registered for the same type of service.

cheers

Q: i have an s corp and i didnt pay myself a w2 in 2018? what do i do acn i pay myself a 1099?

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Feb 22, 2019
D. Mathew Blackburn's answer
If you didn't pay wages you can't issue a W-2.

A 1099 does not solve the problem and creates self-employment tax.

Make an estimated tax payment on IRS.gov or EFTPS.gov.

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