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Business Formation Questions & Answers
1 Answer | Asked in Business Formation on
Q: How much does it cost to send a legal notice in India?

I wanted to file legal notice to my colleague who has taken my money for the last 8 months, can anybody help me out, how much does it cost to send a legal notice?

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 13, 2019

Is this a personal matter or business? Are both parties US Citizens? How was the money given, and for what purpose? Is the litigation going to be handled in the USA or India? There are more questions to ask. However, generally speaking, a Demand Letter might be the first step in the process. Please... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to prevent... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Defense for New Jersey on
Q: Should I have separate insurance policies for my rental LLC’s, or can it be a named insured on my personal policy?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 5, 2019

Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.

2 Answers | Asked in Contracts, Tax Law, Business Formation and Business Law for Kentucky on
Q: Best small business structure llc, or s corp?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 30, 2019

That depends on a number of additional factors. An LLC is almost always better than nothing. And the S-election requires an entity to be accepted. So the LLC is essentially a foregone conclusion. The question becomes to s-elect or not.

That question becomes first an issue of eligibility....
Read more »

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1 Answer | Asked in Business Formation for Florida on
Q: in Florida, is a minor allowed to become a limited partner in a partnership?
Linda Liang
Linda Liang answered on Nov 22, 2019

Partnership is a matter of contract. A minor is not necessarily binding on the contract he or she signs until he ratifies it after he is no longer minor.

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Louisiana on
Q: I’m currently making my own business, but before I start I want to be able to protect myself legally. I need advice.

I’m from Louisiana and I need advice on contracts/ liability forms. If I should have commercial insurance before I even think about actually starting my business.

Tim Akpinar
Tim Akpinar answered on Nov 7, 2019

It would be difficult for a Louisiana attorney to advise you on that, given the basic question-answer format of this board. You should think about contacting a Louisiana attorney and setting up a consultation. The forms you mention could depend on your business. Some forms are standard templates;... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I am researching a company that has an incorporation in Colorado, but has a certificate of foreign business in Florida

When I looked at their annual report to the state it states their principal business address. However, that address is actually a Jewish temple and not affiliated with this incorporation in any way. Is it illegal for the incorporation to submit false information in order to gain a certificate of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Florida law does not prohibit the owners of any corporate entity to enter the correct information on the entity's online Annual Reports or other online documents. Nor does Florida law require the Division of Corporations to verify any information appearing on any corporate entity's online... Read more »

1 Answer | Asked in Contracts, Copyright and Business Formation for New York on
Q: Chain of title concern for film under LLC

thank you

Michael David Siegel
Michael David Siegel answered on Oct 28, 2019

Why not just change the membership of the LLC to you?

1 Answer | Asked in Business Law and Business Formation for Pennsylvania on
Q: Family charity no longer has family members on the charity board, is there a way I (family member) can get on the board?

about 10 years ago, my family started a charity that I describe as "Make a Wish for adults with terminal conditions/disabilities." This charity was started in my late grandfather's name. when the charity was started, it had two of my family members on the board, the rest were close family friends... Read more »

Michael Cherewka
Michael Cherewka answered on Oct 28, 2019

These are difficult situations when the family founders lose touch with the charity since charities are not "owned" by anyone. Also depends on whether a public charity or a private foundation. Depends on original documents, tax status, and other factors. In Pennsylvania the Attorney General's... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I charge sales tax for my courier service? I pick up and item from one location and i deliver it to my customer.

No labor involved. I'm a middle man delivery service.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

Generally if you're not paying for the item and re-selling it you don't collect the sales tax.

You'd have to check your state, county, and city to be sure.

1 Answer | Asked in Business Formation on
Q: Is a shareholder liable to conflict of interest if he is not a director?

There is a shareholder in my company decided to start up a new company that is a total reflection of my company. However he did not disclose this company, I found out my accident in social media.

Michael R. Smith
Michael R. Smith answered on Oct 20, 2019

That’s a very interesting question. A partner in a partnership has a fiduciary duty that would be breached by that sort of act, but generally shareholders of a corporation

do not owe each other that sort of fiduciary duty. However, in some states the shareholders in closely held...
Read more »

1 Answer | Asked in Consumer Law, Business Formation and Intellectual Property for Georgia on
Q: Do I need to file a patent for a mixture of different food ingredient/ready to be mixed stored in a bag or container

This is not a supplement. This is for a type recipe that calls for a mixture of different food components. The idea behind this is to eliminate the prep steps of combining all the separate components. With this, the user will have one single container, that will contain all the necessary items to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You could add Patents as one of your categories. Your question could have a better chance of being seen by a patent attorney. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Civil Litigation for West Virginia on
Q: Issue with electric provider

My electric provider states that I added the incorrect payment information and therefore is denying me the ability to correct my incorrect payment information, will not allow me to pay by phone, and is only giving me the option of paying in person. Do I have any legal recourse? Also there is a... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

I'm sorry for your ordeal with your electric bill. The Public Service Commission of West Virginia oversees public utilities - electric, gas, water, etc. Maybe you could contact them and ask if there is anything they could do to help.

Their website is: http://www.psc.state.wv.us/...
Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: My parenter created a sunbiz and im not on it
Linda Liang
Linda Liang answered on Oct 3, 2019

Is that a question?

1 Answer | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: What is the best option for a non-resident to form a legal entity with a resident partner? A partnership LLC or C-Corp?

Asking in terms of taxation as well as any other legal issues.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

Best is a relative term. Because it's TX state tax is irrelevant. We're not concerned with the state claiming residency against the non-resident owner's will.

The next step is assessing liability and compliance. Generally that's an LLC. But it's heavily dependent on the facts and...
Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I still... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

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