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Business Formation Questions & Answers

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for Maryland on

Q: Do I have a Maryland Consumer Loan license to lend a friend $6,000.00 and charge 14% interest for a four year term?

Bruce Alexander Minnick answered on Jun 18, 2019

Say what? How can anyone know whether you "have a Maryland Consumer Loan license" or not? And why do you not know?

1 Answer | Asked in Business Formation for Colorado on

Q: My trade name exp in Colo in 2009. In Good Standing for Art of Org in Colo. Do I need file a a new trade name?

I went on the Colo Sec State site and do not see renew option for my trade name, just the ability to correct info for historical purposes.

Curious about penalties? Thank you.

D. Mathew Blackburn answered on Jun 17, 2019

Only if you are doing business under a different name than that of your LLC articles of organization.

1 Answer | Asked in Tax Law, Business Formation, Business Law and International Law for Florida on

Q: How to set up a touring company in another country?

Hi, I am trying to start a touring company in Jamaica with my brother. He will be responsible for hiring and securing proper licensing and management of drivers in Jamaica, (already hired one) and I will be in Florida, running the business, banking and marketing end. What would be the best way to... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

1 Answer | Asked in Business Formation and Immigration Law for Kansas on

Q: Can I sue a business for being ran illegally by an illegal immigrant

Ran a beauty pageant that over charges people for “fees” no contracts all non taxed money he pulls in .

Kevin L Dixler answered on Jun 14, 2019

How will you prove that this person is unlawfully present? A person’s ethnicity is no indication as to whether the person possesses lawful permanent resident status. A lawful permanent resident is not required to learn English, but it certainly helps a business if the owner speaks more than... Read more »

1 Answer | Asked in Business Formation for Colorado on

Q: I own a commercial building in Longmont, Colorado and am applying for a site plan waiver and change of use. See below:

Part of the awning and cement steps in the original established main entrance to the building (built in 1928), encroach slightly on the line for public right-of-way. As far as I know, the steps and cement awning were part of the original construction in 1928. In my pre-application, the city... Read more »

D. Mathew Blackburn answered on Jun 12, 2019

They can require anything until you challenge their authority. You're going to want to get an attorney on this one. Good luck.

1 Answer | Asked in Business Formation and Business Law for Florida on

Q: For an LLC in Florida... can the name of the company be XYZ Ltd. with Ltd being the designation of an LLC.

I know FL Stat. 608.406 1(a) states, "The world 'limited' may be abbreviated as "ltd." but I am not sure if that means as part of writing out Limited Liability Company, or if it can be used as the designation completely. Thanks

Evelyn Suero answered on Jun 12, 2019

The Revised Florida Limited Liability Act is found in Florida Statutes Chapter 605. Section 605.0112 of the Act provides that the name of a Florida limited liability company must contain the words “limited liability company” or the abbreviation “L.L.C.” or “LLC.” The abbreviation "Ltd"... Read more »

1 Answer | Asked in Business Formation and Contracts for Illinois on

Q: I received a call from an IT company . Demanding payment. Can they do this?

I did pay for their service several years ago but did no business with them afterwards. They indicated the service has been continued as the contract indicated auto renewal. They wanted $999.99 a year since 2016. They offered to settle for several lesser amounts and wound up settling for $199.99... Read more »

Peter M. LaSorsa answered on Jun 12, 2019

It would depend on the terms of the agreement you signed. And it would also depend on how they were taking payment from you and if they can prove you were given services or the services were available to you during that time. You should seek an attorney to review your agreement--pay the hourly... Read more »

2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on

Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

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1 Answer | Asked in Business Formation, Business Law and Contracts for Maryland on

Q: Can I force a partner out of a partnership LLC with no operations agreement, for not putting in enough time?

We are a cabinet manufacturer. We are attempting to be a women owned business that was created last year. We have not sold any work as of yet. We do have equipment we are paying for. The shop is located on my property, and everything is in my name. If I am not able to force them out, can I... Read more »

Mark Oakley answered on Jun 11, 2019

You can withdraw from the company, boot it out of your home, and demand liquidation of the assets, and either pay your co-owner their fair share of the costs they expended on the equipment, or otherwise buy out out the equipment. Meantime, start a new LLC and begin cabinet making under a new... Read more »

2 Answers | Asked in Banking, Business Formation, Business Law and Contracts for Florida on

Q: I run a mortgage loan processing company. Should I use a Contract, SLA, Non-Compete, or a NDA to protect my business?

As my business scales, I'm finding it necessary to leverage some sort of written protection to not only outline my level of service offering(s) to my clients, but also a way to outline the duties of the staff I will be hiring. I want to ensure all parties are clear on what each party provides to... Read more »

Andrea Wheeler answered on Jun 11, 2019

It is a great idea to speak with a business lawyer so that all of your relationships and transactions are based on a solid contract.

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1 Answer | Asked in Business Formation, Business Law and Contracts on

Q: please tell me the name of use supreme court decision about removal and appointing directors

I need american case law for my paper, please help me, I want supreme courts decision about directors.

Bruce Alexander Minnick answered on Jun 10, 2019

Go to the nearest public university that has a law school and go to the law library and ask for help.

1 Answer | Asked in Business Formation, Copyright and Trademark on

Q: Is DRIVERS2U a registered trademark as DRIVERS2U is the name of my UK registered company

Edward X. Clinton, Jr answered on Jun 7, 2019

You need to hire a lawyer to do a trademark search. Just because its the name of a company does not give it any trademark protection in the United States. Having the name may give you the right to use the name, but you need to do a trademark search first. Hire an experienced intellectual property... Read more »

Q: I would like to trade a phrase I guess it would be called

The phrase is ( The G.O.A.T.)

Sean Erin Serraguard answered on Jun 7, 2019

Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know... Read more »

1 Answer | Asked in Business Formation for Tennessee on

Q: Can i get a mortgage from a bank in P.R to buy a home alone without my husband? We are separated.

I was told by a broker that I have to get a mortgage with my husband even though we are separated.

Anthony M. Avery answered on Jun 5, 2019

That is not a legal issue. If the lender requires both spouses to sign a note and deed of trust, then that is their requirement. You may find another lender not requiring both spouses to sign. Potential homestead

rights of a surviving spouse are inconsequential.

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Kansas on

Q: Can a single member LLC have a board of directors? if so does the state have to be notified?

Scott C. Stockwell answered on Jun 4, 2019

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC could... Read more »

1 Answer | Asked in Business Law and Business Formation for California on

Q: How do I file a partnership in California?

Kenneth Sisco answered on Jun 3, 2019

It is a fairly simple procedure actually. Of course, there are several types of partnerships, and you probably should not rule out a Limited Liability Company, or even a Corporation. But once you have determined what you need, simply go to the California Secretary of State's Web site, and you... Read more »

1 Answer | Asked in Business Formation and Contracts on

Q: Do I need to get approval from anyone for a business contract before having people sign it?

I'm opening up a dance school and I'm typing up registration forms and a contract for possible consumers to complete. I don't know if I need approval for the contract by anyone and/or by who beforehand.

Bruce Alexander Minnick answered on Jun 3, 2019

Free practical advice offered for the last 41 years to people starting their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

1 Answer | Asked in Gov & Administrative Law, Business Formation and Communications Law for Louisiana on

Q: Can a private citizen of Louisiana write and place a bill of legislation?

Timur Akpinar answered on Jun 2, 2019

As a general matter, bills are usually written by lawmakers. They can also come from other elected officials as well. But lawmakers should be attentive to the voices of their constituents, and many lawmakers welcome correspondence from citizens as to their ideas and thoughts. You could contact the... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for California on

Q: If there is a company buying another company which executives or people should be present to finalize the deal?

Bruce Alexander Minnick answered on May 31, 2019

Whichever "executive" authorized by the company.

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on

Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

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