Business Formation Questions & Answers by State
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Business Formation Questions & Answers
Q: How to ask permission from a website to use their product photos to sell the same products on a different platfrom.
1 Answer
| Asked
in
Business Formation, Business Law, Contracts and Intellectual Property
for
Florida
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Andy Wayne Williamson's answer
This type of advice will be best to obtain from a lawyer you hire versus this question and answer blog. You likely need to speak with a copyright attorney and or an international law attorney as your question brings into play both types or areas of law.
This type of advice will be best to obtain from a lawyer you hire versus this question and answer blog. You likely need to speak with a copyright attorney and or an international law attorney as your question brings into play both types or areas of law.
Q: Can I open and register a business in New York City without SSN or ITIN number?
Michael David Siegel's answer
You can register a corporation without any TIN. To get a tax ID number, a third party with an SSN can request it, but the IRS will treat that person as a responsible party.
You can register a corporation without any TIN. To get a tax ID number, a third party with an SSN can request it, but the IRS will treat that person as a responsible party.
Q: How can I optimize a sale of business assets when the business is no longer in good standing?
1 Answer
| Asked
in
Business Formation, Mergers & Acquisitions and Tax Law
for
Delaware
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Jonathan R. Roth's answer
More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...
More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...
Q: Hi. Is cooperative (such as a worker-cooperative) an option as a business entity in Tennessee?
Leonard Robert Grefseng's answer
This is not a recognized form of business. Consider a member managed Limited liability company (LLC).
This is not a recognized form of business. Consider a member managed Limited liability company (LLC).
Q: Is it ilegal to open a bar that is from a TV show idea not the actual show
1 Answer
| Asked
in
Copyright, Business Formation and Business Law
for
Minnesota
on
Answered on Aug 12, 2017
Answered on Aug 12, 2017
Lucas Wynne's answer
This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.
This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.
Q: Is it illegal for me to start an LLC with one other partner if I don't intend on participating in the business?
1 Answer
| Asked
in
Criminal Law, Tax Law, Business Formation and Business Law
for
North Dakota
on
Answered on Aug 11, 2017
Answered on Aug 11, 2017
Lucas Wynne's answer
The bigger issue here is addressing why you feel pressured to enter into this arrangement. The only issue that would arise is if you agreed to a certain level of participation in the LLC or voided some other contract.
The bigger issue here is addressing why you feel pressured to enter into this arrangement. The only issue that would arise is if you agreed to a certain level of participation in the LLC or voided some other contract.
Q: Where is the form to set up a Sole Proprietoriship in California
Ali Ebrahimzadeh, Esq.'s answer
That is a de facto business structure for a business owned by a single person. Are you seeking a different type of business structure, such as an S-corporation? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
That is a de facto business structure for a business owned by a single person. Are you seeking a different type of business structure, such as an S-corporation? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
Q: Can I dissolve my LLC Partnership but keep my business name?
1 Answer
| Asked
in
Business Formation, Business Law and Trademark
for
California
on
Answered on Aug 9, 2017
Answered on Aug 9, 2017
Robert Philip Cogan's answer
Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.
Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.
Q: How do I know if I need to file for an LLC or an LLP?
Michael David Siegel's answer
The answer will depend on what you are doing, and tax considerations. While it can be for anything, the LLP structure tends to be for professional type businesses, like law firms.
The answer will depend on what you are doing, and tax considerations. While it can be for anything, the LLP structure tends to be for professional type businesses, like law firms.
Q: Question about Counseling laws
Andy Wayne Williamson's answer
Short answer is yes. The "in's and Out's". Most likely under the umbrella of being a pastor of a church versus the a Christian counsellor.
I suggest that you consult with an attorney to work through the logistics first.
Short answer is yes. The "in's and Out's". Most likely under the umbrella of being a pastor of a church versus the a Christian counsellor.
I suggest that you consult with an attorney to work through the logistics first.
Q: Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?
1 Answer
| Asked
in
Business Formation, Business Law, Contracts and Employment Law
for
Georgia
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
John W. Chambers Jr's answer
I cannot provide legal advice about your particular situation. However, here is some general information. If your business is operated using a corporation or limited liability company, unless your articles of incorporation or organization or other organizational documents prohibit it, you might be able to conduct the lawn care business using the same corporation or limited liability company. In such event, I do not believe you would need a new tax identification number. You would need to...
I cannot provide legal advice about your particular situation. However, here is some general information. If your business is operated using a corporation or limited liability company, unless your articles of incorporation or organization or other organizational documents prohibit it, you might be able to conduct the lawn care business using the same corporation or limited liability company. In such event, I do not believe you would need a new tax identification number. You would need to...
Q: Internet Only business - Does it need to file as a foreign business entity in Virginia?
1 Answer
| Asked
in
Business Formation, Business Law and Internet Law
for
Virginia
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
Glenn B. Manishin's answer
To the best of my knowledge, Virgina does allow single-member LLCs. (Single member partnerships are not permitted.)
Your business is conducted online but as the owner you have a physical presence in Virgina, even if just your home. You are therefore required to register as a "foreign" corporation if in operated in another state.
To the best of my knowledge, Virgina does allow single-member LLCs. (Single member partnerships are not permitted.)
Your business is conducted online but as the owner you have a physical presence in Virgina, even if just your home. You are therefore required to register as a "foreign" corporation if in operated in another state.
Q: Should my mortgage company foreclose my house if I filed for bankruptcy and informed them about it with my case #?
1 Answer
| Asked
in
Bankruptcy, Business Formation and Foreclosure
for
Texas
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
Nels Hansen's answer
If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case dismissed terminates the stay.
Once the stay is terminated all creditors are free to resume collection activities including but not limited to repossession and foreclosure. If this was your second or...
If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case dismissed terminates the stay.
Once the stay is terminated all creditors are free to resume collection activities including but not limited to repossession and foreclosure. If this was your second or...
Q: How do I know if I should create an LLC for my company? What are the downsides?
John L. GreenLeaf Jr.'s answer
This question is very complex for a short answer. Some general considerations are: do you need protection of your personal assets from potential business debts or liabilities; are there investors who do not wish to participate in the day to day activities but wish to invest and share in profits or losses; losses or income will be attributed to owners on their personal taxes at the end of the year potentially; there are other tax advantages which should be discussed with your accountant/cpa....
This question is very complex for a short answer. Some general considerations are: do you need protection of your personal assets from potential business debts or liabilities; are there investors who do not wish to participate in the day to day activities but wish to invest and share in profits or losses; losses or income will be attributed to owners on their personal taxes at the end of the year potentially; there are other tax advantages which should be discussed with your accountant/cpa....
Q: On a limited partnership agreement, are initials required on every page? Or just one signature on the last page?
Michael Gerity's answer
You have just run into one of the main reasons why some contracts have spaces for initials on each page, and sometimes even on each paragraph. The presence of those initials makes it harder for any party to later make modifications to the overall contract (though certainly not impossible in this age of electronic documents). It also makes it harder for a party to claim that they were unaware of the provisions contained on any particular page. This latter reason isn't very meaningful, because...
You have just run into one of the main reasons why some contracts have spaces for initials on each page, and sometimes even on each paragraph. The presence of those initials makes it harder for any party to later make modifications to the overall contract (though certainly not impossible in this age of electronic documents). It also makes it harder for a party to claim that they were unaware of the provisions contained on any particular page. This latter reason isn't very meaningful, because...
Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.
1 Answer
| Asked
in
Business Formation, Business Law, Contracts and Employment Law
for
Oregon
on
Answered on Jul 27, 2017
Answered on Jul 27, 2017
Joanne Reisman's answer
I don't know what new law you are talking about. Do you have a citation for it?
I don't know what new law you are talking about. Do you have a citation for it?
Q: Can I start an organization in the name of a deceased public figure?
1 Answer
| Asked
in
Business Law, Copyright, Entertainment / Sports and Business Formation
for
California
on
Answered on Jul 27, 2017
Answered on Jul 27, 2017
Robert Philip Cogan's answer
Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.
Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.
Q: I owned the building in which a family member ran a daycare. Never require her to pay rent. How do I get her out now?
1 Answer
| Asked
in
Business Formation and Landlord - Tenant
for
North Carolina
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Paige Kurtz's answer
You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.
You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.
Q: With a nonprofit corporation, is it legal for the same person to be both president and treasurer? Eff. year?
Ali Ebrahimzadeh, Esq.'s answer
There may be issues re: liability protections if corporate formalities are not maintained. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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...
There may be issues re: liability protections if corporate formalities are not maintained. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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...
Q: How much can I charge for late payment in a settlement agreement?
1 Answer
| Asked
in
Business Formation, Business Law and Collections
for
California
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
Why not have a lawyer draft the terms of the settlement agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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 &...
Why not have a lawyer draft the terms of the settlement agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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 &...
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