Business Formation Questions & Answers

Q: Hello, I am being sued by someone I do not even know.

1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Answered on Feb 21, 2018

Bring proof of the existence of other businesses with your name. If there is a signature on the receipt/estimate/contract, show how your signature is different. Print out your Google Location Time Line, or Apple Maps Time Line for the period in question to show that you weren't at the location where the job was supposedly done. There could be an infinite variety of evidence on the subject. These are just a few ideas off the top of my head.
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Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018

If your question is whether it is legal for a donor non-profit organization to donate any potential "profits" (funds received to be used for the organization's primary service objectives) to donee non-profit organizations, instead of the donor non-profit organization performing activities for their mission, then yes. There are no IRS or other external legal restrictions from letting the non-profit basically funnel monies into other non-profits.

There MAY be internal restrictions,...
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Q: I started a Home Inspection business. Do I need to have a Registered Agent?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018

What's true is that you do require a registered agent. The registered agent can be just about anyone as long as they are designated by you to receive legal paperwork on your company's behalf. Many entity startup businesses (such as LegalZoom and a ton of "Create a S-Corp in 5 Minutes!" companies) provide registered agent services, and will send you notices of anything that they receive on your company's behalf.

You can also elect to be your company's registered agent as well (to save a...
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Q: When a seller financed loan is not paid, who is responsible to pay back? (Business was resold with loan)

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Florida on
Answered on Feb 16, 2018

No way to say without first reviewing the loan paperwork. If you signed a personal guarantee and never got a release of that personal guarantee, then you may be on the hook for the loan.

You need to consult with an attorney in your area asap to get a thorough evaluation.

Good luck,
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Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for Florida on
Answered on Feb 16, 2018

Short answer. Maybe. However this question is beyond the scope of this site.

You need to consult with a business law attorney on this issue as it is more complex than just a simple yes or no answer.
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Q: In the state of Oklahoma, how many cars can I sell as a private seller before I need to have a business license?

1 Answer | Asked in Business Formation and Tax Law for Oklahoma on
Answered on Feb 13, 2018

This might help:

Oklahoma Statutes

Title 47. Motor Vehicles Chapter 62A - Used Motor Vehicle and Parts Dealers

Section 581 - Definitions

19. a. "Used motor vehicle dealer" means any person who, for a commission or with intent to make a profit or gain of money or other thing of value, sells, brokers, exchanges, rents with option to purchase, or offers or attempts to negotiate a sale or exchange of an interest in used motor vehicles, or who is engaged wholly or in...
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Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.
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Q: Dissolving my LLC

1 Answer | Asked in Business Formation and Business Law for Arizona on
Answered on Feb 9, 2018

Hello. You are experiencing first hand why these cut-rate online legal services are such a huge problem (and, I should add, how attorneys who do this kind of work often end up getting a fair amount of business trying to clean up all of the problems caused by these services.

Anyway, I'd be happy to try and help you, but I would need to know what exactly LegalZoom has and has not done so far. Have they filed the Articles of Organization with the Arizona Corporation Commission yet? Feel...
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Q: How can I start a business online with 50 people from around the world?

1 Answer | Asked in Business Formation, Business Law, Contracts and International Law on
Answered on Feb 3, 2018

Sounds like a seriously cool business plan, but there is simply no way to prepare this in an enforceable, competent way pro se. You need an entity. In the U.S. would be just fine, but your investing population may require a foreign entity, and, if you anticipate international revenue of might want to use the entity to support immigration aspirations, you might want the entity to form elsewhere in the world. There may be all sorts of liability when it turns out one of your 50 participants is a...
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Q: How do I extend B1 visa for my startup investment and support myself with a foreign employer that has US office?

1 Answer | Asked in Business Formation, Contracts, Employment Law and Immigration Law for Washington on
Answered on Feb 2, 2018

You might want to consider getting an L1A or L1B visa. These are for intracompany transferees.
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Q: How do I call an report an illegal tattoo shop?

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Business Formation for Tennessee on
Answered on Feb 1, 2018

The Tennessee Division of Environmental Health may be a good start.
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Q: As a minor can I enter into a limited partnership with an adult that would give me part ownership of a new business

1 Answer | Asked in Business Formation and Business Law for Texas on
Answered on Jan 31, 2018

Being a minor your guardian can sign on your behalf. However, your guardian may or may not be liable for any debt, mishap etc. that may accrue provided it is specifically mentioned therein.
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Q: Should a contractor (doing office work) form an LLC?

1 Answer | Asked in Business Formation for Texas on
Answered on Jan 29, 2018

If you don't do anything to create liability, probably not. Depending on how much money you make, there may be tax advantages to having your income pass through a business entity that is taxed as an S corporation.
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Q: When do I need a business license in another state?

1 Answer | Asked in Business Formation and Business Law for Washington on
Answered on Jan 29, 2018

Probably so, but an attorney would need to review the business laws of that particular state to know for sure.
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Q: Do I need to hire an attorney to create an LLC?

1 Answer | Asked in Business Formation for Texas on
Answered on Jan 29, 2018

The state of Texas does not require a person to hire an attorney to organize an LLC. But, there are so many mistakes that can be made, it is unlikely that an LLC, or any business entity, formed and managed without legal counsel will be effective in the long run or in the face of litigation.
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Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring

1 Answer | Asked in Business Formation and Business Law for Ohio on
Answered on Jan 29, 2018

Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.
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Q: Is it legal for a law firm in the State of Maryland to never provide raises for their employees?

1 Answer | Asked in Business Formation for Maryland on
Answered on Jan 27, 2018

The law does not require any industry (whether legal, medical, retail, industrial, etc.) to give raises. Providing raises is entirely voluntarily and up to each employer. The law does require payment of certain minimum wages so if an employer pays minimum wage and the minimum wage goes up, the employer would have to meet the new minimum wage.
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Q: Do I have a case? Victoria secret fired me claiming I stole from them. Never happened

1 Answer | Asked in Business Formation, Business Law, Libel & Slander and Employment Law for Florida on
Answered on Jan 23, 2018

Absolutely no way to say based upon the information stated. There is obviously written documents involved. The first step is to hire an attorney to review and evaluate the documents and any other information.

Most likely your desire to sue Victoria’s Sectet will be too costly to pursue.

Good luck.
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Q: I developed an APP, Website for a client with shares. Client refuses to cooperate to original contract, need legal doc.

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for New York on
Answered on Jan 18, 2018

I don’t see a question here it seems that you need to hire an attorney to represent you, am I correct?

Feel free to call

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com
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Q: Can I let go of partners from a start up if operating agrmnt isnt in place?

1 Answer | Asked in Business Formation for Pennsylvania on
Answered on Jan 16, 2018

You may be OK but you really need the advice of a partnership expert. I suggest Ken Milner--give him a call. Tell him I suggested you call. Because of implied obligations etc. it's not something anyone can give you an easy yes/no on.
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