Business Formation Questions & Answers

Q: ISO: business/tax lawyer

1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on
Answered on Oct 20, 2018
D. Mathew Blackburn's answer
Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.

A Colorado attorney can help you with this issue.

Q: How soon after starting a new business do I need to create a board of directors?

1 Answer | Asked in Business Formation for California on
Answered on Oct 18, 2018
N. Munro Merrick's answer
You say "Board of Directors." That term usually refers to the people who manage the business of a corporation. If you are referring to a corporate body, the answer is, "yesterday." What is the point of having a corporation if you cannot or will not use it?

Q: what should i do if i was cheated by a cheater who pretended to of me a job?

3 Answers | Asked in Criminal Law, Employment Law, Business Formation and Internet Law for California on
Answered on Oct 18, 2018
Gary Kollin's answer
You have been scammed and you are being scammed again.

Q: Have a loan through republic finance, hardship, unable to make payments, afraid of what they can do to me.

1 Answer | Asked in Business Formation for Mississippi on
Answered on Oct 3, 2018
Randall R. Saxton's answer
You should meet with a local bankruptcy attorney for a free consultation to discuss your options. There is no “minimum” amount of debt required to file.

Q: where can I find TN common law rights on tranfer of reserved name or assumed name

1 Answer | Asked in Business Formation, Business Law, Contracts and Civil Rights for Tennessee on
Answered on Oct 3, 2018
Leonard Robert Grefseng's answer
Your question is unclear- there will be no "common law" on these issues. Any issues concerning a corporation's assumed name or reserved name are governed by the state statutes regarding corporations, and also perhaps the rules of the Secretary of States' office.

Q: wondering if an oral contract is still legally binding in Idaho as of today, everything I'm finding online is outdated

2 Answers | Asked in Contracts, Copyright and Business Formation for Idaho on
Answered on Oct 2, 2018
Kevin M Rogers' answer
An oral contract is legally binding with any kind of contract with one exception - the sale or purchase of real property.

Q: What should we do if my business partners and I disagree about the basic business structure setup for our restaurant?

1 Answer | Asked in Business Formation for Illinois on
Answered on Oct 1, 2018
T. J. Jesky's answer
I always tell my clients that you want an odd number of Directors on the Board of Directors. Too many times an even number of Directors face a stalemate, where no decision can be made. Perhaps that's the solution to your problem. You need an odd number of partners, where your Articles of Organization have a provision on how a deadlock vote can be decided. I am not sure if your are LLC or Corporation. Regardless, you need to agree upon an Organizational structure or By-laws that state how...

Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

1 Answer | Asked in Copyright, Business Formation and Trademark for North Carolina on
Answered on Sep 28, 2018
Will Blackton's answer
Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.

Will the trademark...

Q: How do I know whether to operate my business as a sole proprietorship, partnership, corporation, or LLC?

2 Answers | Asked in Business Formation for Florida on
Answered on Sep 25, 2018
Terrence H Thorgaard's answer
Limited liability is available for owners of corporations and LLCs. Tax treatment is different for each. The best bet would be for you to consult with an attorney or accountant in your area, who practices in the area of business formation.

Q: When starting a brand new business, how soon will I have to report it to the government and start paying taxes?

1 Answer | Asked in Business Formation for Florida on
Answered on Sep 23, 2018
T. J. Jesky's answer
We you start a new business, shortly after the business is established, you should apply to the IRS on Form SS-4 to obtain a new Employer Identification Number (EIN) for entity. You can find the form on-line, it is very easy to complete. You will most likely need this EIN to open a bank account for the new business.

With regards to the State, you will need to apply for a State Tax number ASAP and pay taxes on sales revenues.

If you have employees, you will need to pay the...

Q: Board of directors 7 member brd. Had meeting with 4 members present. Vote on issue was taken, 3 yes 1 no.

1 Answer | Asked in Business Formation on
Answered on Sep 23, 2018
T. J. Jesky's answer
Short answer: Probably not. The By-laws of the Company will determine if what took place properly meets the required corporate formalities. That being said, most By-laws state that a Director quorum takes place if the majority of directors are present, after being properly notified that a Board Meeting would take place.

If a Director Quorum is present, then the attending directors can vote and approve resolutions. In this case, if a quorum is established by the By-laws, then a 3 to...

Q: Trying to collect on a judgement on a business that dissolved after my judgement. What do I do

1 Answer | Asked in Collections, Small Claims, Consumer Law and Business Formation for California on
Answered on Sep 21, 2018
Vernon Charles Tucker's answer
If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.

However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an "Alter Ego" of the old corporation. This may open other doors that could apply pressure to judgment debtor if they are one in the same.

I would look at the amount of the judgment, and see whether...

Q: I have a company (South Africa) with a name similar to that of a trademark in the US. Will this be a problem for me?

1 Answer | Asked in Business Formation, Intellectual Property and Trademark on
Answered on Sep 20, 2018
Peter D. Mlynek's answer
If you are operating only in South Africa, then you need to worry about South African trademarks and not the US.

If you are going to be expanding into the US, then you should worry about the US trademarks, and you will need to consult with a US trademark attorney.

Q: How do I write up a Bussiness trust 12-2004

1 Answer | Asked in Estate Planning, Business Formation and Business Law for Maryland on
Answered on Sep 19, 2018
Cedulie Renee Laumann's answer
The first question any business attorney will likely ask is: what are you looking to accomplish? A business trust is an old but relatively unusual way to conduct business, except perhaps in the case of real estate held in a grantor's revocable living trust. The question doesn't give any facts as to why an "unincorporated business trust" is desired. Most attorneys would ask whether the Grantor determined the tax liability for conducting a business in a trust vs. through a standard or...

Q: Is it legal to get data base off of a local gov't website

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Maryland on
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one cannot realistically answer the question. More than likely the agency maintaining the website can answer the question.

Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Sep 17, 2018
Cary B. Hall's answer
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.

Robert J. Duminiak, Esq.

Howson & Howson, LLP

Bldg. 620, Suite 210

350 Sentry Parkway

Blue Bell, PA 19422

Phone: 215-540-9200

Fax: 215-540-5818

Email: rduminiak@howsoniplaw.com

Q: Should I set up a Limited Partnership or Corporation to buy a business with investors who will not be in its management?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
this is too broad a question with not enough specifics. The legal, managerial, and tax implications of a limited parnership is quite different from that of a traditional corporation, and that's without even discussing some of the other possibilities, like a limited liability partnership, limited liability limited partnership, a limited liability corporation, an S Corporation election, and more.

Besides, you may have different interests than your investors/partners, and may want to...

Q: Can I conduct business in a different state than the one I am incorporated in?

1 Answer | Asked in Business Formation for Texas on
Answered on Sep 15, 2018
Matthew Valley's answer
Generally speaking, yes. However, the state you want to do business might require you to register your business with them, to obtain a license for your type of business, to register for sales tax, etc. You should consult an attorney in the jurisdiction you are wanting to do business in to see what requirements apply to you and your business.

Q: I formed an LLC in Louisiana, but I'm planning to drop the LLC for the business. Do I need to file a DBA with the state?

1 Answer | Asked in Business Formation for Louisiana on
Answered on Sep 13, 2018
David A Onstott's answer
Depending on your usage need, you are generally allowed to use the registered business name with or without the "LLC," without filing a DBA. The DBA is typically used when a substantially different name is used in commerce than the business's legal name, or when an entity, typically banks or the government, require the name used on their paperwork to match the name used in commerce. If you are running into an issue with the latter, you can file an amendment to your current registration changing...

Q: I'm starting an in-home caregiver business and don't know to hire employees or independent contractors.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Answered on Sep 12, 2018
Thomas. R. Morris' answer
Work for someone else until you learn the ropes. And don’t sign an agreement not to compete.

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