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Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for California on
Q: hello if my business license was expired nut now renew. am i able to charge storage fees b4 or once license up todate

i had a car that was a total lost. The insurance company refuse to pay storage fee or any fees other than a tow bill. Due to my business license being expired. My business license has been renew and its up to date.

Can they get away with it.

I can not charge storage fees even... View More

James L. Arrasmith
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answered on Feb 23, 2024

Under California law, the legality of charging storage fees when your business license was expired depends on the specific regulations governing your business sector and local jurisdiction. Generally, operating a business without a valid license can invalidate your right to enforce contracts or... View More

1 Answer | Asked in Banking and Business Formation for Georgia on
Q: LLC - A of O states RA as Authorizor at the bottom. Will this prevent me from opening a business bank account?

Will a bank require that I am the Authorizor at the bottom of the Articles of Organization before I can open an account for the business? Or does Authorizor simply refer to the one authoring the A of O?

James L. Arrasmith
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answered on Feb 23, 2024

The term "Authorizor" on the Articles of Organization typically refers to the individual or entity who is authorized to sign and file the document with the state to establish the LLC. It does not necessarily mean that you must be the one who authored the Articles of Organization in order... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Missouri on
Q: Does my website have to register as a financial institution or anything alike if I operate a cryptocurrency escrow on it
James L. Arrasmith
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answered on Feb 23, 2024

Operating a cryptocurrency escrow service on your website brings you into a complex regulatory landscape that varies significantly by jurisdiction. In many places, such services are considered part of the financial sector and are subject to specific regulatory requirements. These can include... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: I recently started an LLC for my business late last year. Do I need to file something about the CTA?

My business has no income yet. I'm just getting started doing Web Development and Technology Consultancy. My CPA mentioned I should check and see if the new CTA Law applies to me or not.

James L. Arrasmith
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answered on Feb 22, 2024

As a new LLC owner in Phoenix, AZ, you should be aware that Arizona's new Commercial Transaction Privilege Tax (CTA) law may apply to your business. The CTA law imposes taxes on various business activities, including web development and technology consultancy services. Even if your business... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: LLC State Formation Question - CPR Training

I have a CPR Training center. We provide a service. We have 3 physical locations currently. Covina, CA, St. Louis, MO, and Philadelphia, PA. I am filing taxes this year as a sole proprietor however next year I want to create an LLC. Am I able to create the LLC in a state like Nevada even if my... View More

James L. Arrasmith
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answered on Feb 22, 2024

In the United States, it's indeed possible to form an LLC in a state where you don't actively conduct business, and Nevada is a popular choice for many due to its favorable business laws and privacy advantages. If you decide to form your LLC in Nevada, you'll benefit from the... View More

2 Answers | Asked in Banking, Business Formation and Business Law for Virginia on
Q: Do I only need a DBA in the state where my business is located or do I need DBAs in all 50 states and/or counties?

In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?

For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 12, 2024

If you are operating your business under an "assumed" name, "trade" name or a "fictitious" name, you should file the propert fictitious name certificate in every state that you are doing business and you should confirm that your entity is authorized to do business in those states.

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2 Answers | Asked in Banking, Business Formation and Business Law for Virginia on
Q: Do I only need a DBA in the state where my business is located or do I need DBAs in all 50 states and/or counties?

In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?

For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.

James L. Arrasmith
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answered on Feb 23, 2024

As a sole proprietor engaging in e-commerce under a different name, you typically only need to register a DBA (Doing Business As) in the state where your business is located. This allows you to legally operate your business under a name other than your own. While there are no federal requirements... View More

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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts on
Q: I am telecaller in small finance company,but the owner is DSA agent for banks, I believe he doesn't have DOT OSP licence

The company haven't given me offer letter Or LOJ and after 45days of working didn't pay me my full salary (16k per month) ie Rs.22700 for 46days.

What can I do to get my complete salary, Same thing is done with my 3 collogues, they have been paid zero has salary.

When... View More

James L. Arrasmith
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answered on Feb 5, 2024

Here are a few things you can do in this situation:

1. Check if the company is registered and licensed properly. As a telecaller for a financial company, they need to have the requisite DOT OSP license. If not, their operations may be illegal.

2. Reach out to the other employees in...
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1 Answer | Asked in Business Formation and Business Law for California on
Q: Will a parent LLC in NM for a subsidiary in CA need to register as a foreign entity CA if I live in CA doing eCommerce

If a California subsidiary is registered by a parent company in New Mexico and conducts business within California, does the parent company, based in New Mexico, also qualify as 'doing business in California'? Consequently, would it be necessary for the New Mexico parent company to... View More

James L. Arrasmith
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answered on Feb 1, 2024

In California, if your New Mexico parent company has a subsidiary that conducts business within the state, it may trigger the requirement to register as a foreign entity in California. Even if you operate the subsidiary primarily for eCommerce and live in California, the fact that your parent... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

James L. Arrasmith
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answered on Feb 4, 2024

In Texas, the need to register a separate Doing Business As (DBA) for variations of your business name depends on how you intend to operate these entities. If "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse" are operating as distinct... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

T. Augustus Claus
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answered on Feb 1, 2024

In Texas, if you are operating multiple businesses under variations of the same base name, such as "Green Horn Retail" and "Green Horn Warehouse," you may not necessarily need to register each one as a separate Doing Business As (DBA) entity, especially if they are operated as... View More

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2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

James L. Arrasmith
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answered on Feb 21, 2024

Using images created using AI websites for your small business ideas, such as selling t-shirts or stickers online, raises questions about copyright and intellectual property rights. While AI-generated images may not have a human creator in the traditional sense, they can still be subject to... View More

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1 Answer | Asked in Business Formation, Business Law and Employment Law for Florida on
Q: Is a person who has their own business, working as a 1099 independent subject to a non- competition contract?

I have an LLC, EIN, business license and taxi. All of which I had while working with yellow cab of Sarasota. I payed them a portion of my wages for Dispatch services. Soon after I began working with yellow cab, I was made to sign a very basic non- competition paper. All along i was a 1099... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Jan 29, 2024

There are many variables here, starting with who signed the non-compete agreement, i.e., whether it was done in an individual capacity or whether it was signed on behalf of your company. A contractor in Florida likely could have a non-compete enforced against him/her, provided that the hiring... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: I am dissolving my LLC in MO and have not done any business in years. Do I have to file the notice of winding up?

This LLC has just the owner and no other members/employees. Has not done any business in several years and just need it dissolved.

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 29, 2024

You are required to file a notice of winding up and publish a notice with two papers advising of this fact. The purpose of doing so is to protect you from any claims not pursued within the required timeframe. If you do not do this, then you may expose yourself to a claim being pursued at some... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: Is it possible to add a second DBA to my existing LLC in Arizona?

My husband and I own an LLC business in Arizona with S-Corp tax status. (My husband is a self-published author, so our LLC falls into the Independent Artists category.)

I'm an oil painter and I now want to start selling my oil paintings online. I'd like to use a different name... View More

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, it is indeed possible for an LLC to operate under more than one "Doing Business As" (DBA) name. This allows a single legal entity, such as your LLC, to conduct various types of businesses under different names while maintaining the same underlying ownership and legal... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Washington DC on
Q: My single-member LLC is registered in Washington, DC. How do I continue my LLC when moving out of DC and to New York?

My business (marketing/website design) is registered as an LLC in Washington, DC. We’re looking to move full time to New York. I’m planning on keeping my existing client base.

Is it possible to keep the LLC registered in Washington, DC, even without a Washington, DC address? If not,... View More

James L. Arrasmith
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answered on Jan 23, 2024

Yes, it is possible for your DC-registered single member LLC to continue operating even once you move out of the state. Here are a few key things to keep in mind:

- You can maintain your DC LLC registration even without a DC physical address. Using a DC PO Box as your registered agent...
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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: What is the California Code Business and Professions Code for Insurance Agents to file for an Article of Incorporation?
James L. Arrasmith
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answered on Jan 23, 2024

Under California law, insurance agents who wish to form a corporation must comply with specific provisions in the California Insurance Code, in addition to the general requirements for forming a corporation under the California Corporations Code. The specific section of the Business and Professions... View More

2 Answers | Asked in Business Formation and Business Law for Mississippi on
Q: I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms

was needing to know if you can be sued for opening a franchise in Ms, that the same franchise is already operating in Ms. Or can the owner operating under a franchise name, stop another individual from opening a business in a different location operating under the same franchise name?

Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Jan 23, 2024

In general, the ability to open a franchise in a specific location, such as Mississippi, and whether an existing franchisee or the franchisor can take legal action against a new franchisee depends on several factors:

1. Franchise Agreements: The rights and obligations of franchisees are...
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2 Answers | Asked in Business Formation and Business Law for Mississippi on
Q: I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms

was needing to know if you can be sued for opening a franchise in Ms, that the same franchise is already operating in Ms. Or can the owner operating under a franchise name, stop another individual from opening a business in a different location operating under the same franchise name?

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

Its not clear what exactly is occurring in your case, but you should consult with a franchise attorney in your area to discuss. Anyone can file a lawsuit, but not all law suits are viable or filed in good faith.

If you signed a franchise agreement with a franchisor granting you the right...
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