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Business Formation Questions & Answers
Q: I was wondering what is the first step in investing into a friend's small start up business?
Ali Ebrahimzadeh, Esq.'s answer
A financial analyst should consider the investment in great detail. A lawyer should help draft the necessary contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
A financial analyst should consider the investment in great detail. A lawyer should help draft the necessary contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
Q: Can I start an online buisness and sell fidgets(which are toys) before registering to anything just to test the market
3 Answers
| Asked
in
Tax Law, Business Formation and Business Law
for
New York
on
Answered on Jun 21, 2017
Answered on Jun 21, 2017
Barry Eran Janay's answer
Yes, just check with the dept. of taxation regarding whether you have to charge sales tax or not if you are just selling online.
Yes, just check with the dept. of taxation regarding whether you have to charge sales tax or not if you are just selling online.
Q: Can your employer LEGALLY control where you can place your private IRA investments? The employer is worried about ...
1 Answer
| Asked
in
Business Formation and Employment Law
for
Pennsylvania
on
Answered on Jun 19, 2017
Answered on Jun 19, 2017
Peter Munsing's answer
I suggest you get a list from them. It seems like it would be a violation of them to tell you who you may and may not invest with. But then the question is do you want to fight now, or go with it move your IRA as soon as you are out of there, or use another investment vehicle?
I suggest you get a list from them. It seems like it would be a violation of them to tell you who you may and may not invest with. But then the question is do you want to fight now, or go with it move your IRA as soon as you are out of there, or use another investment vehicle?
Q: Im thinking of starting a disney, marvel, harry potter and so on... themed escape room would that be ok ?
Will Blackton's answer
For the purposes of this answer, I am assuming that you mean a business that operates recreational escape rooms:
It would be wise to seek the permission and a license for this use from the owners of those intellectual property assets. If a customer were to think that your escape room were endorsed by the companies that own those assets, you'd almost certainly be liable for trademark infringement.
For the purposes of this answer, I am assuming that you mean a business that operates recreational escape rooms:
It would be wise to seek the permission and a license for this use from the owners of those intellectual property assets. If a customer were to think that your escape room were endorsed by the companies that own those assets, you'd almost certainly be liable for trademark infringement.
Q: How do I structure a 501c3, when my plans are to grow to national and hyper-local chapters?
2 Answers
| Asked
in
Contracts, Mergers & Acquisitions and Business Formation
for
Florida
on
Answered on Jun 14, 2017
Answered on Jun 14, 2017
Andy Wayne Williamson's answer
I suggest that you hire a business attorney to work with you through this process and get specific one on one advice face to face. This is a large goal that you have which is great but you need to get an attorney on board now and build the structure as you go forward.
I suggest that you hire a business attorney to work with you through this process and get specific one on one advice face to face. This is a large goal that you have which is great but you need to get an attorney on board now and build the structure as you go forward.
Q: I want to sell a product that looks similar to another.
1 Answer
| Asked
in
Business Formation, Consumer Law, Products Liability and Intellectual Property
on
Answered on Jun 13, 2017
Answered on Jun 13, 2017
Peter Munsing's answer
Depends on degree of similarity--appearance is sometimes called "trade dress, "
Depends on degree of similarity--appearance is sometimes called "trade dress, "
Q: I want to open a parody marvels restaurant. Like with iron man and those characters. Can I do that ?
1 Answer
| Asked
in
Contracts, Criminal Law, Business Formation and Business Law
for
California
on
Answered on Jun 12, 2017
Answered on Jun 12, 2017
Ali Ebrahimzadeh, Esq.'s answer
That sounds like a potential IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
That sounds like a potential IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
Q: Im thinking of starting a private autocross car club on a private farm in Long Islnd. what zoning rules must i adhere to
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Business Formation
for
New York
on
Answered on Jun 8, 2017
Answered on Jun 8, 2017
Q: I made the mistake of filing my company as an S-Corporation when I really need to be an LLC. How do i go about changing?
John W. Chambers Jr's answer
There can be some complicated issues related to conversion of a corporation to a limited liability company. There are several methods to convert a corporation to a limited liability under Georgia law. Under one method, the board of directors must adopt a plan of conversion, the shareholders must approve the plan, and a certificate of conversion must be delivered to the Secretary of State. I would expect that you would need the assistance of an attorney to convert from a corporation to an...
There can be some complicated issues related to conversion of a corporation to a limited liability company. There are several methods to convert a corporation to a limited liability under Georgia law. Under one method, the board of directors must adopt a plan of conversion, the shareholders must approve the plan, and a certificate of conversion must be delivered to the Secretary of State. I would expect that you would need the assistance of an attorney to convert from a corporation to an...
Q: Hello,Can i use a pen name signing up my personal information on the copyright.gov website? Should i get it trademarked?
1 Answer
| Asked
in
Business Formation, Contracts, Copyright and Trademark
for
California
on
Answered on May 30, 2017
Answered on May 30, 2017
David Keith Hicks' answer
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected, but not if they are others' names as well.
A better alternative might be to form a limited liability company, or a subchapter S corporation.
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected, but not if they are others' names as well.
A better alternative might be to form a limited liability company, or a subchapter S corporation.
Q: Phone service provider will not honor a promo although employee wrote in memo and gave me the offer.
1 Answer
| Asked
in
Business Formation, Business Law, Contracts and Consumer Law
for
Florida
on
Answered on May 30, 2017
Answered on May 30, 2017
Andy Wayne Williamson's answer
I would say that you are already doing what you can to resolve the situation. If they will not honor the deal ask them to cancel the contract and take your business to another carrier.
The expense of hiring a lawyer to fight this case will far outweigh the free third line.
I would say that you are already doing what you can to resolve the situation. If they will not honor the deal ask them to cancel the contract and take your business to another carrier.
The expense of hiring a lawyer to fight this case will far outweigh the free third line.
Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?
1 Answer
| Asked
in
Business Formation, Products Liability, Federal Crimes and Health Care Law
for
Kansas
on
Answered on May 29, 2017
Answered on May 29, 2017
Peter Munsing's answer
If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
Q: What kind of licencing and fees in order to open this business?
Ali Ebrahimzadeh, Esq.'s answer
You may need a contractor's license and a business license, at least. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
You may need a contractor's license and a business license, at least. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Employment Law
for
Georgia
on
Answered on May 25, 2017
Answered on May 25, 2017
John W. Chambers Jr's answer
Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music
2 Answers
| Asked
in
Business Law, Copyright, Business Formation and Trademark
for
California
on
Answered on May 24, 2017
Answered on May 24, 2017
Walker Weitzel's answer
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
Q: My father wants to take over a printing business and wants me to put the business in my name. He has an investor friend
1 Answer
| Asked
in
Business Formation, Business Law, Family Law and Mergers & Acquisitions
on
Answered on May 23, 2017
Answered on May 23, 2017
Jonathan R. Roth's answer
First as the owner you will be responsible for all debts and operations of the business. So to start, the business should be put in a corporation or LLC. You can be the sole manager and thus have control of the business and the investor and your father can own percentages of the business as well. I think you need to speak to an attorney and make sure you are protected so that this business does not put you in bankruptcy if something goes wrong. If the business leases property, you may need...
First as the owner you will be responsible for all debts and operations of the business. So to start, the business should be put in a corporation or LLC. You can be the sole manager and thus have control of the business and the investor and your father can own percentages of the business as well. I think you need to speak to an attorney and make sure you are protected so that this business does not put you in bankruptcy if something goes wrong. If the business leases property, you may need...
Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.
1 Answer
| Asked
in
Business Formation, Business Law and Workers' Compensation
for
Louisiana
on
Answered on May 22, 2017
Answered on May 22, 2017
Christie Tournet's answer
The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
Q: If I decided to sell/make things as a hobby, and it doesn't earn me a lot cash to live off of,do I get a licence
2 Answers
| Asked
in
Business Law, Tax Law and Business Formation
for
California
on
Answered on May 21, 2017
Answered on May 21, 2017
Zaher Fallahi's answer
If you sell products or service, you may be required to obtain a business license from the city you conduct your business in, regardless of your profit. Contact your city. The way you described your operation, the IRS may not allow you deduct your expenses, unless profit motive and proof thereof, if questioned. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation...
If you sell products or service, you may be required to obtain a business license from the city you conduct your business in, regardless of your profit. Contact your city. The way you described your operation, the IRS may not allow you deduct your expenses, unless profit motive and proof thereof, if questioned. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation...
Q: What kind of liability protections do I need to start a tour guide company for cliff jumping?
2 Answers
| Asked
in
Products Liability, Business Formation and Personal Injury
for
California
on
Answered on May 20, 2017
Answered on May 20, 2017
Ali Ebrahimzadeh, Esq.'s answer
Waivers would only help so much. You'd need certified instructors, business licenses, related contracts, insurance, and other protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
Waivers would only help so much. You'd need certified instructors, business licenses, related contracts, insurance, and other protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
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