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Business Formation Questions & Answers
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

2 Answers | Asked in Business Formation, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I have a summary and a class action and even a business ideal made and would like to send it to a lawyer

I have been working on this for months and would love to have a lawyer look at what i have and give me their opinion

Gary Kollin
Gary Kollin answered on Sep 14, 2019

You must contact lawyers individually and personally

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1 Answer | Asked in Business Formation for New Jersey on
Q: I’m not sure if I should set up a separate llc from my original or if I should add it under my current llc
Leonard R. Boyer
Leonard R. Boyer answered on Sep 12, 2019

What I almost always recommend to clients with very rare exceptions is to form a "C" Corp (INC) and have the "C" corp own each LLC, with no more than 1 project in an LLC at any one time. The LLC must be at least 3 members. This puts two layers of corporate protection between you and any problems.

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Products Liability, Business Formation and Patents (Intellectual Property) for Florida on
Q: can you help me find the seed money to make my parent 7571681 presentable? I need a Angel investor? A Grant wrighter?

My only income is my SOCIAL SECURITY DISABILITY CHECK I AM OPEN TO ALL POSSIBILITIES.

ERIC TRUMP EVEN ASKED ME TO SEND HIM A BUSINESS PLAN Based on my patent 7571681 four patent in one.

RR Tie replacement on the run

Recycling the old RR ties

Recycling the spikes... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 10, 2019

Raising money is a skill. Most patent attorneys do not have that skill. You may want to get some free advice and some introduction from this state agency...http://floridasbdc.org

I hope this helps

Kevin E Flynn

1 Answer | Asked in Estate Planning, Business Formation and Business Law for South Carolina on
Q: 20 years ago sign papers with husband not sure if their corporation husband dies do I owe the creditors

Husband owns company I may have signed Corporation papers I do not know it was over 20 years ago

Nina Whitehurst
Nina Whitehurst answered on Sep 8, 2019

I hope you will understand that there is no way any attorney in this forum can answer your question without reviewing the papers that you signed along with a lot of other things. Chances are, however, that a lot of claims against you and/or the corporation have expired due to the statute of... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: Hi, I have signed a partnership on an LLC with another partner 50/50 but we have not filed anything with the IRS.

Are these documents valid in court and am I still considered a legal partner?

Michael R. Smith
Michael R. Smith answered on Sep 8, 2019

To find out if the documents you've signed are valid and actually make you a member of the LLC or give you any interest in the LLC, you'll need to consult an Illinois business law attorney who will need to see the documents. However, no documents need to be filed with the IRS to create a limited... Read more »

1 Answer | Asked in Business Formation and Real Estate Law for Tennessee on
Q: i am loaning money for a house flip. I will have a promissory note. Is that enough to protect my investment?

The house is to be short term leased from the current owner during the renovation, so the person I am loaning to won't own the property until the day before it is re-sold.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 5, 2019

NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.

1 Answer | Asked in Business Formation for New Mexico on
Q: Can two businesses use similar names?

A company called Aftermath, INC. contacted me saying we cannot use the word "aftermath" for my LLC. My LLC is called "Aftermath Cleanup Unit."They said they trademarked the word Aftermath. Is this possible? If so why did the Secretary of State grant me a business license with my company name?

Michael R. Smith
Michael R. Smith answered on Sep 4, 2019

Your question involves two different issues: trademarks and the names of entities.

First, let's talk about trademark rights. The essence of a trademark is to identify the source of goods or services. Trademark infringement occurs when one mark used in connection with goods or services...
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1 Answer | Asked in Business Formation for Georgia on
Q: Does conversion of an LLC to a corporation under GA "conversion" law require a new EIN # from IRS?

O.G.C.A. 14-2-1109.1

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

Yes, you will need a new EIN. You're changing the structure of the business.

Note: If you were electing to be taxed as a corporation and leaving the entity as an LLC with the state you would not need a new EIN. This confuses a lot of peope so I'm making a note of it here....
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1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Are there any laws that prohibit a manager from hiring his spouse It is a private business with seven employees

My manager hired his wife he has never called her a comanager but she makes decisions like he does she did not have to move up the food chain and she is definitely treated differently than the rest of us it is a privately owned business he does not have her clocking in and out as well he has... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 2, 2019

No.

1 Answer | Asked in Banking, Business Formation, Business Law and Identity Theft on
Q: What can i do when a procedure i was forced to do in a service is not mentioned on their User Agreement/Privacy Policy?

I have a fully verified profile on Coinbase (platform for selling and buying cryptocurrencies) . I deposited money, bought bitcoin and tried to withdraw it. Then , i was asked for a verification procedure which is not mentioned on their User Agreement / Privacy Policy. If i did not operate that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

If you are unhappy with Coinbase stop doing business with them.

1 Answer | Asked in Contracts, Employment Law and Business Formation on
Q: Deduction of Joining Bonus from FnF settlement

I had received a joining bonus of 1 lac.

I had joined the organization on 27th June.

They paid June's salart of 4 days, the joining bonus and July's salary together on 30th July.

My contract says that I will be liable to pay them 1 lac back if I resign before 1 year from the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 25, 2019

I am not familiar with the abbreviations you are using , which limits my ability to assess your situation.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I need to issue 9,000,000 additional shares to my existing 1,000,000 share c-corp in Florida. How can I do that?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 22, 2019

You do it the same way you issued the first one million shares.

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