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Business Formation Questions & Answers
1 Answer | Asked in Business Formation for New York on
Q: I am looking to form an LLC for my rental property business in Pennsylvania. I live in New York. Interested in Wyoming

Interested in the protections of Wyoming, but don't know if I should just stick with Pennsylvania or New York. My main concerns are asset protection and tax savings

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

For a Pennsylvania rental property, a Pennsylvania LLC would seem the most efficient and cost-effective option for minimizing extra filings, and fees, while maintaining direct asset protection within the state where the property is located. While Wyoming offers excellent asset protection and no... View More

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 26, 2024

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Hi,I'm Onur and I'm based in Turkey. I want to form an LLC in Florida, is there any ways that I can do that as a foreign

Is there any way that I can form an LLC as a Turkish citizen. I am not a US citizen, can I form an LLC there and if yes; how's the process goes and what are the prices, tax info et.?

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

Yes, regardless of your citizenship, you can create a Florida corporation. There are only a few requirements to do so. They include, but are not limited to, registering the corporation with the Florida Department of State, registering with the IRS to obtain a tax identification, and submitting a... View More

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1 Answer | Asked in Estate Planning and Business Formation for Texas on
Q: I’m a young broke man with no assets or family yet. Could I set up a family or business trust with no family or assets?

I would like to keep amenity and privacy while protecting assets from creditors before a problem arises.

Gratia "Grace" P. Schoemakers
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answered on Sep 18, 2024

Technically you could. But if the trust is not funded (no assets are in the trust), than it has no additional value. I think it would be best for you to talk to an estate planning attorney and discuss the assets that you do have, and how you can protect them. Trusts are great, but they might not do... View More

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I get approved to hold inventory at my home residence that is zoned as residential property?

I want to do a e commerce business where I order goods cheaply on-line and store them at my home/sell to customers via e commerce site. I will not be making any goods. I know I need a trader's license from the clerk of the court and I need to do a home affidavit form for zoning BUT that form... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Business uses are limited in residential districts. What can permissibly be done in a particular zoning district varies greatly by county in Maryland. If a desired use is not allowed in a particular district in your particular county, the only options are to petition for a zoning reclassification... View More

1 Answer | Asked in Business Formation for Texas on
Q: I registered my LLC in Delaware but conduct business nationwide. Where should I file my DBA?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Each state's rules differ. In Texas, after you register your Delaware LLC as a foreign entity doing business in Texas, you must file your d/b/a with the Texas Secretary of State.

Other states may require it be filed in a similar statewide office, while some may require it be filed in...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Delaware on
Q: If I form an LLC at 16 and have members above 18, would they in theory have more rights to choices the LLC makes?

I'd want to enforce a board of directors regardless of it being an LLC, I'd be incorporating but from what I've read a minor can't form a corporation. I am from overseas but I will file under one of the many services that file for you and have virtual addresses and etc. Sort of... View More

Anthony Wilkinson
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answered on Aug 13, 2024

It's wonderful to see your entrepreneurial spirit at such a young age! The concerns you're raising are very important, and you're wise to think them through carefully.

There is no law in the State of Delaware against a minor forming an LLC. Also, the general rule in the U.S....
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2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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2 Answers | Asked in Immigration Law, Contracts, Business Formation and Business Law for Delaware on
Q: Create an operation agreement for F-1 students; Web-design company in Delaware

Dear Lawyers,

I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More

Daniel  Bitonti
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answered on Jul 30, 2024

To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More

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1 Answer | Asked in Business Formation for California on
Q: I am a CPA and am planning to partner with a non-CPA partnerto start an advisory firm. Can we be an LLC in California?

This firm will only be offering accounting/bookkeeping/contoller and CFO advisory services. No Audit/attest or compilation services

James L. Arrasmith
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answered on Jul 23, 2024

Yes, you can form an LLC in California with a non-CPA partner for the type of advisory firm you are planning. California allows LLCs to offer accounting, bookkeeping, controller, and CFO advisory services as long as they do not include audit, attest, or compilation services. This means you can... View More

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Do I need to file a Foriegn LLC in California if I register my startup in Delaware ?

I am just thinking of starting my own company and currently living in California State. As most tech statups are registered in Delware, I was planning to register in Delaware. But since I live in California do I need to register it in california as well ? I will be the only person working for now.... View More

James L. Arrasmith
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answered on Jun 30, 2024

To answer this question concisely:

Yes, if you're living and operating your business in California, you'll likely need to register your Delaware LLC as a foreign LLC in California, even if you're the only person working and have no sales or revenue yet.

Key points:...
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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.

First, verify the legal ownership of the business name. If you registered the LLC under this name and...
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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

William J. Amann
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answered on Jun 22, 2024

Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More

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2 Answers | Asked in Business Formation and Business Law for Indiana on
Q: What licenses or certifications do I need to start a business on Printify in Indiana?

I don't know if I need to create a tax ID, register my proposed business entity as a business, or whatever else I might need to do to start a business. I don't want to get in trouble later for something I didn't do today.

James L. Arrasmith
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answered on Jun 21, 2024

To start a business on Printify in Indiana, you'll need to take several steps to ensure you're operating legally. Here's a concise overview of what you'll likely need:

1. Business Structure: Choose and register your business structure (e.g., sole proprietorship, LLC,...
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2 Answers | Asked in Business Formation and Business Law for Indiana on
Q: What licenses or certifications do I need to start a business on Printify in Indiana?

I don't know if I need to create a tax ID, register my proposed business entity as a business, or whatever else I might need to do to start a business. I don't want to get in trouble later for something I didn't do today.

Jennifer Newton
Jennifer Newton
answered on Jul 2, 2024

To help you get started, here are the key steps you should consider when starting any business:

Business Structure: Decide on your business structure (e.g., sole proprietorship, LLC, corporation). Many small business owners choose an LLC for its liability protection and tax flexibility....
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: What licenses or certifications do I need for tax purposes to start a business on Printify?

I am wanting to start a business on Printify and want to know what licenses or certifications I need for tax purposes, if I need anything on behalf of my business, if I even need to register as a business, etc. I have no idea where to start.

James L. Arrasmith
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answered on Jun 19, 2024

To start a business on Printify, which is a print-on-demand platform, you may need to consider the following licenses, certifications, and tax requirements:

1. Business structure: Decide on the legal structure of your business (sole proprietorship, partnership, LLC, or corporation). This...
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1 Answer | Asked in Banking, Business Formation and Business Law on
Q: What business license is required to operate an escrow service for consumers? Home renters are my customers.

My startup allows home renters to put their security deposit in my platform when they rent homes. I return the money back after their lease ends minus the fees for the service. What type of license is needed to run this? Its like a consumer escrow i think

Jennifer Newton
Jennifer Newton
answered on Jun 17, 2024

Your startup idea is indeed similar to a consumer escrow service, which typically involves handling financial transactions and holding funds on behalf of your customers. Operating an escrow service generally requires specific licensing and regulatory compliance, which can vary by state.

2 Answers | Asked in Business Formation for Connecticut on
Q: Hello. Will using the registered agent's address as the business address allow possible piercing of the corporate veil?

A registered agent company told me that if I availed their service as the registered agent, I could use their address as the business address, too. But I read somewhere that this could result in losing the legal protection an LLC offers; i.e., piercing the corporate veil.

Joshua Bradford Kons
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Joshua Bradford Kons
answered on Jun 21, 2024

Generally speaking, for piercing the corporate veil in Connecticut, courts look at whether the owner exercised complete control over the business and its practices so that the business is a mere “instrumentality” of the owner, or if the business and the owner effectively share the same identity... View More

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