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Business Formation Questions & Answers
Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music
2 Answers
| Asked
in
Business Law, Copyright, Business Formation and Trademark
for
California
on
Answered on May 24, 2017
Answered on May 24, 2017
Walker Weitzel's answer
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
Q: My father wants to take over a printing business and wants me to put the business in my name. He has an investor friend
1 Answer
| Asked
in
Business Formation, Business Law, Family Law and Mergers & Acquisitions
on
Answered on May 23, 2017
Answered on May 23, 2017
Jonathan R. Roth's answer
First as the owner you will be responsible for all debts and operations of the business. So to start, the business should be put in a corporation or LLC. You can be the sole manager and thus have control of the business and the investor and your father can own percentages of the business as well. I think you need to speak to an attorney and make sure you are protected so that this business does not put you in bankruptcy if something goes wrong. If the business leases property, you may need...
First as the owner you will be responsible for all debts and operations of the business. So to start, the business should be put in a corporation or LLC. You can be the sole manager and thus have control of the business and the investor and your father can own percentages of the business as well. I think you need to speak to an attorney and make sure you are protected so that this business does not put you in bankruptcy if something goes wrong. If the business leases property, you may need...
Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.
1 Answer
| Asked
in
Business Formation, Business Law and Workers' Compensation
for
Louisiana
on
Answered on May 22, 2017
Answered on May 22, 2017
Christie Tournet's answer
The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
Q: If I decided to sell/make things as a hobby, and it doesn't earn me a lot cash to live off of,do I get a licence
2 Answers
| Asked
in
Business Law, Tax Law and Business Formation
for
California
on
Answered on May 21, 2017
Answered on May 21, 2017
Zaher Fallahi's answer
If you sell products or service, you may be required to obtain a business license from the city you conduct your business in, regardless of your profit. Contact your city. The way you described your operation, the IRS may not allow you deduct your expenses, unless profit motive and proof thereof, if questioned. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation...
If you sell products or service, you may be required to obtain a business license from the city you conduct your business in, regardless of your profit. Contact your city. The way you described your operation, the IRS may not allow you deduct your expenses, unless profit motive and proof thereof, if questioned. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation...
Q: What kind of liability protections do I need to start a tour guide company for cliff jumping?
2 Answers
| Asked
in
Products Liability, Business Formation and Personal Injury
for
California
on
Answered on May 20, 2017
Answered on May 20, 2017
Ali Ebrahimzadeh, Esq.'s answer
Waivers would only help so much. You'd need certified instructors, business licenses, related contracts, insurance, and other protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
Waivers would only help so much. You'd need certified instructors, business licenses, related contracts, insurance, and other protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
Q: How can i go about registering a business SoFreshSoFly entertainment
Michael David Siegel's answer
I do not understand the term "registering". You mean form a corporation, license a business or trademark a name?
I do not understand the term "registering". You mean form a corporation, license a business or trademark a name?
Q: Can i get sued? if i can what type of insurance should get to protect my assets.
Andy Wayne Williamson's answer
It is always possible for you to get sued but there is really no way to tell sis sure. It may just be a wait and see.
It is always possible for you to get sued but there is really no way to tell sis sure. It may just be a wait and see.
Q: Return of our investment?
Andy Wayne Williamson's answer
I suggest that you need to speak with a business litigation attorney immediately before you take any action. Clearly there are issues with the business operation and level of trust between the parties. Seek legal advice.
I suggest that you need to speak with a business litigation attorney immediately before you take any action. Clearly there are issues with the business operation and level of trust between the parties. Seek legal advice.
Q: I want to name and trademark my new company but the twitter handle for exact this name is already taken.
2 Answers
| Asked
in
Business Formation, Civil Litigation, Intellectual Property and Trademark
on
Answered on May 10, 2017
Answered on May 10, 2017
Griffin Klema's answer
Maybe. The real question I think you are asking is whether you have any legal right to force the owner to give you the Twitter handle.
You could always negotiate privately with the owner to transfer the handle to you, which is what I would recommend before your business becomes more visible and successful. If the owner isn't active, you don't appear to have deep pockets, and there's a small financial incentive for the owner, he/she may be willing to part with it for little to no...
Maybe. The real question I think you are asking is whether you have any legal right to force the owner to give you the Twitter handle.
You could always negotiate privately with the owner to transfer the handle to you, which is what I would recommend before your business becomes more visible and successful. If the owner isn't active, you don't appear to have deep pockets, and there's a small financial incentive for the owner, he/she may be willing to part with it for little to no...
Q: Is it ever a good idea to create an LLC if multiple family members want to purchase property and build on it (we don't
Wesley Winsor's answer
An LLC is good for liability protection. If you feel like it is too much risk when there are several owners and their guests on your property, then it would be a good idea to create an LLC. This would limit your exposure to the assets of the business.
A second reason you might want to consider and LLC would be to make the transfer of ownership easier. In an LLC each owner owns membership units. If they want to pass their ownership on to their children or others then it is a simple...
An LLC is good for liability protection. If you feel like it is too much risk when there are several owners and their guests on your property, then it would be a good idea to create an LLC. This would limit your exposure to the assets of the business.
A second reason you might want to consider and LLC would be to make the transfer of ownership easier. In an LLC each owner owns membership units. If they want to pass their ownership on to their children or others then it is a simple...
Q: What're the steps to starting a clothing brand?
2 Answers
| Asked
in
Business Formation, Business Law and Patents
for
Nevada
on
Answered on May 9, 2017
Answered on May 9, 2017
Peter D. Mlynek's answer
Congratulations on starting a new venture! I hope that it is successful.
It is good to hear that you recognize that intellectual property may be important to your business, and you are interested in protecting it so early on. You are way ahead. It is always hard for me to tell clients bad news about not being able to protect their IP because they came to me too late.
The first step is to make a business plan. What are your distribution channels? Where will the clothing be...
Congratulations on starting a new venture! I hope that it is successful.
It is good to hear that you recognize that intellectual property may be important to your business, and you are interested in protecting it so early on. You are way ahead. It is always hard for me to tell clients bad news about not being able to protect their IP because they came to me too late.
The first step is to make a business plan. What are your distribution channels? Where will the clothing be...
Q: Hi there, does employment (staff lease) agency should be licensed in California, what institution is in charge of this?
1 Answer
| Asked
in
Business Formation and Civil Litigation
for
California
on
Answered on May 8, 2017
Answered on May 8, 2017
David Keith Hicks' answer
Contact the California State Labor Commissioner's office. I think they call their office for this the Division of Field Enforcement, or used to. They can guide you.
Contact the California State Labor Commissioner's office. I think they call their office for this the Division of Field Enforcement, or used to. They can guide you.
Q: Terms of payment of the corporation's claim
2 Answers
| Asked
in
Bankruptcy, Contracts, Business Formation and Business Law
for
New York
on
Answered on May 5, 2017
Answered on May 5, 2017
Q: Raising capital for a DE LLC with a Y-Combinator SAFE. Do I file anything to ensure investors are protected by IRC 1244?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Massachusetts
on
Answered on May 4, 2017
Answered on May 4, 2017
Jonathan R. Roth's answer
To The Code also imposes recordkeeping requirements on the corporation relative to its §1244 stock. Among these is requirement that the corporation designate designation, for its transitional year, those of its outstanding shares that qualify for small business stock treatment.
(b)Common stock. Only common stock, either voting or nonvoting, in a domestic corporation may qualify as section 1244 stock. For purposes of section 1244, neither securities of the corporation convertible into...
To The Code also imposes recordkeeping requirements on the corporation relative to its §1244 stock. Among these is requirement that the corporation designate designation, for its transitional year, those of its outstanding shares that qualify for small business stock treatment.
(b)Common stock. Only common stock, either voting or nonvoting, in a domestic corporation may qualify as section 1244 stock. For purposes of section 1244, neither securities of the corporation convertible into...
Q: I started an LLC 4 years ago and never did anything with it. How do I change the name of that LLC
Michael David Siegel's answer
There is a name change form you can file with the secretary state. There is a small fee.
There is a name change form you can file with the secretary state. There is a small fee.
Q: I'm creating a game that has people travel the city. If they are injured, am I liable? Do I need a waiver or insurance?
1 Answer
| Asked
in
Personal Injury, Products Liability, Business Formation and Business Law
for
Ohio
on
Answered on May 3, 2017
Answered on May 3, 2017
Peter Munsing's answer
As you describe it, if you make part of the rules they comply with all laws etc you shouldn't be liable. If it's a drinking game, that might be different.
As you describe it, if you make part of the rules they comply with all laws etc you shouldn't be liable. If it's a drinking game, that might be different.
Q: How long will it take me to register my new business as an LLC?
Rick Davis' answer
Registering an LLC only takes a few minutes and can be completed online. With that being said, if you have more than one owner in your business, you will likely want an operating agreement, which will take some time to draft depending on your specific needs. If you are going through an attorney, the other variable is the attorney's schedule, which could effect the timeline.
Registering an LLC only takes a few minutes and can be completed online. With that being said, if you have more than one owner in your business, you will likely want an operating agreement, which will take some time to draft depending on your specific needs. If you are going through an attorney, the other variable is the attorney's schedule, which could effect the timeline.
Q: How to add new shareholder to non profie corp. FL(50 / 50 shares) ? Where we should register these modifications
Andy Wayne Williamson's answer
Something appears to be missing here. If you have a nonprofit corporation, then there is not shareholders in such corporations. I suggest that you may want to speak with a business law attorney in your area to determine what you desire to do and get specific advice on how to accomplish it.
Something appears to be missing here. If you have a nonprofit corporation, then there is not shareholders in such corporations. I suggest that you may want to speak with a business law attorney in your area to determine what you desire to do and get specific advice on how to accomplish it.
Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?
1 Answer
| Asked
in
Employment Law, Banking, Business Formation and Business Law
for
Georgia
on
Answered on May 1, 2017
Answered on May 1, 2017
Ray Choudhry's answer
In small companies shareholders do lots of stuff, including bookkeeping and payroll.
As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.
In small companies shareholders do lots of stuff, including bookkeeping and payroll.
As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.
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