Business Formation Questions & Answers

Q: Does unvested stock always implies that person employed by the company?

1 Answer | Asked in Business Formation, Business Law, Employment Law and Securities Law for Virginia on
Answered on Oct 15, 2017

Provided that person carry a specific authorization to that extent in order to avoid any possible scam.
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Q: The defendant is here by directed to furnish surety for sum of 400000 What does this mean?

1 Answer | Asked in Business Formation and Business Law on
Answered on Oct 15, 2017

No clear to make specific advice. In what matter the court directed "defendant" to furnish surety for 400,000.-? Is there any claim pending with court by the Plaintiff?
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Q: Being threatened to be sued. Could he sue? He didn't follow through and he kept waiting on his contract being so e

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Pennsylvania on
Answered on Oct 13, 2017

Your given detail is not sufficient to respond specifically. However, your details makes your claim for breach of trust, breach of commitments, etc. causing damage to your fixed programme which damaged your reputation leading to physical and mental torture.

Your update on FB were not taken positively rather offering regrets he posted threatening voicemail to remove updates from your FB timeline.

Based on formal messages, his voicemail, your FB clips, and expected number of...
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Q: Is it legal to sell Michael Jackson tshirt, muhamad Ali tshirt, frida kahlo tshirt online, can I get in trouble for that

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on Oct 13, 2017

Maybe yes. If you are duplicating her image, likeness or name (signature) you may be violating trademark/copyright laws.

You need to speak with a patent/trademark attorney on this topic as that is a specialized area of law
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Q: Do I have to register my online business?

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Answered on Oct 11, 2017

There are both legal and tax implications to consider when engaging in business. You should consult with both an attorney and accountant to discuss the specifics of your business so they can properly advise you.
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Q: Who can be sued in a tort lawsuit if the defendant (a corporation) was not yet incorporated at that time?

3 Answers | Asked in Business Formation, Business Law and Personal Injury for California on
Answered on Oct 7, 2017

He can sue Person X and the corporation. Person X did something "very negligent". He is liable for his negligence whether or not the corporation was validly formed. The corporation became liable for Person X's actions when it was properly formed.
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Q: Can i sue american company while i am in Ecuador?

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Contracts for Oregon on
Answered on Oct 7, 2017

Your question needs further elaboration so as to make a specific advice.

You did contract an American company to make an app for internet. Believing that contract confirmation was sent by that company and while acknowledging they did confirm the time period of making app. If that time was agreed by you then you have no case. If you substantiate your claim that they took more time and delayed supply of app then Consumer Court can be engaged to adjudicate the matter through an...
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Q: Who is "registered agent"in articles of formation and do I have to have one?

1 Answer | Asked in Business Formation for Alabama on
Answered on Oct 6, 2017

the registered agent is the individual assigned to receive any mail on behalf of the business. usually, the registered agent is listed on the secretary of state website if you do a business entity search.
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Q: Can a newly formed Corporation be assessed penalties for an old Corporation that was dissolved by proclamation?

1 Answer | Asked in Business Formation and Tax Law for New York on
Answered on Oct 5, 2017

You do not owe this money. They will not come after a new corporation.
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Q: When filing articles of formation , can I list myself as registered agent or leave it blank?

1 Answer | Asked in Business Formation on
Answered on Oct 4, 2017

You can list yourself as the agent for service of process along with a physical address where you can be served with any legal papers for the business. An agent for service of process is an individual who resides in California, or a corporation, designated to accept service of process (court papers) if the business entity is sued. If you leave the registered agent line blank, the California Secretary of State will more than likely reject your filing; a registered agent is required for all...
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Q: How soon should I decide whether to make my new business an LLP or not?

2 Answers | Asked in Business Formation for California on
Answered on Oct 4, 2017

You should probably decide now. However, it may be prudent to actually form the business entity later. Issues of liability and financing affect when you may want to form the entity, Do you actually know that you want an LLP instead of an LLC, S-Corporation or C-Corporation? This is not a "one-size-fits-all" issue. Depending on what you are doing or who you are doing it with, one form of business entity may best meet your needs in terms of tax treatment and management flexibility.

See...
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Q: Can you help me get my phone unlocked by Sprint. I own it and we have no contract.

1 Answer | Asked in Business Formation and Consumer Law for Florida on
Answered on Oct 4, 2017

Most attorneys charge $250.00 to $300.00 per hour so the cost of getting an attorney will outweigh the $40.00 you owe.
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Q: Can I sue my siblings to force dissolution of an LLC we are in and sell our farm we inherited?

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Arkansas on
Answered on Oct 4, 2017

LLC and management thereof will now be governed by the terms that you all agreed. Without looking into it or having no details except the one that you described, no firm opinion / advice would be appropriate detrimental to your or other's interest. Whatever the reasons may be, go by the terms of your agreement. May dissolve LLC subject to agreement of the other parties. Consult Attorney of your local jurisdiction.
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Q: Can I sue for damages if a local business gives up after receiving thousands of dollars in support from the community?

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Maine on
Answered on Oct 1, 2017

Owner is a rightful person to deal with his property (movable or immovable), etc. Owner may ask for any reasonable price of his belongings.

Material was donated by you and other .... confusion is on what terms??? You also claimed of voluntary labor. You may have a priority right over others to purchase that building and negotiate its price. However, owner will have the final say...

For specific advice please consult your Estate and Civil Right attorny.
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Q: I paid cash for a house and am now renting it out. Is it possible to form an LLC and mortgage the house from myself?

1 Answer | Asked in Banking, Business Formation, Business Law and Real Estate Law for Maryland on
Answered on Sep 28, 2017

If the question is "can an individual make a loan to a business they own," the answer is "generally, yes." The individual would of course need to report any interest income received. If the question is "can a business make a loan to an individual who owns the business" the answer is "it depends." Maryland law licenses mortgage lenders and usually a business cannot make a mortgage loan to any individual if the lender is not licensed. Additionally, mortgages require payment of transfer...
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Q: I currently have an active LLC, but use many names under neath. The dba certificate is asking for my name, do I put LLC?

2 Answers | Asked in Business Formation and Business Law for New York on
Answered on Sep 25, 2017

Use the LLC's name if it allows you to since the LLC is (I presume) the entity that is "doing business as" whatever...
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Q: Is the General Contractor in a breach of contract

1 Answer | Asked in Business Formation, Contracts and Construction Law for Colorado on
Answered on Sep 22, 2017

Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which brings us to the next step: damages. Even where you have a breach there's little you can do without damages. Depending on the contract you may be able to rescind or cancel the contract, there may be...
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Q: How often can bk be filed? Gen Part of LP filed Chap 7, five years later the LP files Chap 11, what's next & when?

1 Answer | Asked in Bankruptcy, Business Formation and Collections for California on
Answered on Sep 21, 2017

A second chapter 7 case can be filed 8 years after the filing date of the prior case in which a discharge was granted, but no sooner. If the debts that the LP included in the chapter 11 were listed as creditors in the GP prior bankruptcy, then all of that debt has already been discharged as to the GP and there is no need for another chapter 7 case.
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Q: If an S-corp was advised by an attorney to let their Florida corporation be ADMIN DISSOLUTION FOR ANNUAL REPORT.

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on Sep 20, 2017

If you are asking can creditors go after the law firm for debts the us no. If you are asking can a creditor go after the assets of the s-Corp the would be maybe. Would need more information to say for sure.
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Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate locally, as registering prevents another entity from using the same name, although it obviously does not prevent a sole-proprietor from using that name.
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