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Arizona Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Arizona on
Q: I am thinking of opening a dog bakery in my home. Is that legal? Would it require permits?
Ilene L McCauley
Ilene L McCauley answered on Jun 25, 2020

Thank you for your question. The answers depend upon where you live. You need to contact the city or municipality to answer whether or not a permit is required. However you also need to think about taxes on the money that you earn. I recommend you speak with the city or municipality regarding... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on
Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the... Read more »

Karima Gulick
Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

2 Answers | Asked in Copyright and Business Formation for Arizona on
Q: Can I use use the brand name "The Vape Collection" if it's taken for a completely different field or industry?
John Espinosa
John Espinosa answered on May 20, 2018

Trademarks protect brands, not copyrights. A trademark protects the use of the brand in the particular industries, or classes, listed on the trademark registration. Here is a resource: https://www.nolo.com/legal-encyclopedia/trademark-classes.html

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1 Answer | Asked in Business Formation and Immigration Law for Arizona on
Q: Hi There ! My question is that if I buy a business worth $250,000 and have 5 employees. Can get GC using this?

This is a business I am trying to buy and apply GC based on this business 5 employees. $250,000 is the cost.

Carl Shusterman
Carl Shusterman answered on Apr 20, 2018

You may be able to qualify for an E-2 visa if your country has a treaty with the US which permits this.

However, you would not qualify for a green card. See below:

EB5 – stands for employment based 5th preference immigrant visa category. This visa category is allocated to foreign...
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1 Answer | Asked in Real Estate Law, Business Law and Business Formation for Arizona on
Q: Real Estate AZ. I am not a licensed realtor but can I set up an LLC company and receive referrals through the LLC?
Peter H. Westby
Peter H. Westby answered on Apr 9, 2018

You can set up your business as an LLC but, if you will be performing services for others that are traditionally performed by licensed agents in Arizona, you will need to employ a licensed person and perform services under his/her license.

1 Answer | Asked in Consumer Law, Contracts, Business Formation, Civil Litigation and Small Claims for Arizona on
Q: We hired a venue for my daughter's quinceanera cost us over $10,000. A shoebox with at least $5,000 of gifts was stolen.

The venue had no security cameras and I found out that this is happened before and they still have not put security cameras in. Can we hold them liable for the $5,000 of stolen merchandise.

Peter H. Westby
Peter H. Westby answered on Mar 13, 2018

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... Read more »

1 Answer | Asked in Business Law and Business Formation for Arizona on
Q: Forming an LLC with partner stationed overseas, while I live in Arizona.

Hi, I am getting ready to form an LLC together with my boyfriend, we will be a member-managed LLC. However when adding his name to the application I need to provide an address, but he is currently stationed in South Korea for a year, and we will be moving together to Guam after that.

How... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 9, 2018

If Arizona is his home state you should use the address that he provided the military if this is still a good address. If not, you should have him authorize you to use your address. When you relocate to Guam you will need to update your information. You will also need to maintain a local... Read more »

1 Answer | Asked in Business Formation and Business Law for Arizona on
Q: Dissolving my LLC

I have just received my LLC documents from legalzoom, i haven't signed any of them. Can i dissolve my llc without signing the documents because signing them is impossible, both my 2 other members live abroad. I did this mistake without knowing they must be US citizens. Can i dissolve my LLC... Read more »

Michael Gerity
Michael Gerity answered on Feb 9, 2018

Hello. You are experiencing first hand why these cut-rate online legal services are such a huge problem (and, I should add, how attorneys who do this kind of work often end up getting a fair amount of business trying to clean up all of the problems caused by these services.

Anyway,...
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1 Answer | Asked in Business Law and Business Formation for Arizona on
Q: I have a company name I want to use. There is LLC registered with the same name from nearly 15 years ago.

I can find little trace of them, only two generic business listings with only the information provided on the LLC application from 2003. I found his licence application for the same time period, it shows he never completed his state licence application. Don't think they ever went into... Read more »

Peter H. Westby
Peter H. Westby answered on Feb 5, 2018

I would use a different name. However, if this name is critical to your business, I recommend hiring a private investigator to locate the members of this LLC. Once located, you might negotiate a license to use the name or, perhaps, purchase the LLC itself. You must be certain that the LLC is... Read more »

1 Answer | Asked in Business Formation for Arizona on
Q: On a limited partnership agreement, are initials required on every page? Or just one signature on the last page?

We believe our General Partner has made changes to the original contract. Because there is only one signature from each partner on the document, at the last page, we don't have any confirmation that we agreed to the earlier pages in the contract. Are all contract pages required to have an... Read more »

Michael Gerity
Michael Gerity answered on Jul 28, 2017

You have just run into one of the main reasons why some contracts have spaces for initials on each page, and sometimes even on each paragraph. The presence of those initials makes it harder for any party to later make modifications to the overall contract (though certainly not impossible in this... Read more »

1 Answer | Asked in Business Formation for Arizona on
Q: How do you know if a name is available as my new business name?
Michael Gerity
Michael Gerity answered on Jul 21, 2017

The easiest way to do this would be to perform a search on the Arizona Corporation Commission website, which you can find here: http://ecorp.azcc.gov/Search

This site pulls up not only company and corporation names, but it also searches the Secretary of State's website for trade names...
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1 Answer | Asked in Business Formation and Trademark for Arizona on
Q: Can my LLC have the same name as a trademarked name? It is in an entirely different industry and geographical location
Michael Gerity
Michael Gerity answered on Jul 21, 2017

There are a lot of variables here that you have not provided, so understand that this answer is making some general comments that may not apply to your exact circumstance. So, in basic terms, multiple businesses can use the exact same name/trademark without conflict so long as there is not a... Read more »

1 Answer | Asked in Business Formation for Arizona on
Q: We are looking at forming a non-profit 501c in AZ, have heard there may be an advantage in forming a C-Corp 1st

We are looking at registering a non-profit 501c in AZ, and have heard there may be some advantage to registering as a C-Corp first, then converting to a 501c. Are there advantages to this approach? -Thanks!

Michael Gerity
Michael Gerity answered on Jul 21, 2017

I think the first thing we need to do is to cover the difference between a "non-profit" corporation and one granted tax exempt status by the IRS (a 503(c)(3) non-profit), as they are technically different things. A corporation can be a non-profit without having tax exempt status. A... Read more »

1 Answer | Asked in Business Formation for Arizona on
Q: In AZ, when forming a new dental practice entity, if choosing an LLC is it required to be a PLLC?
Michael Gerity
Michael Gerity answered on Jul 21, 2017

The 'P' stands for "professional." Any business that is owned by a licensed professional that will be conducting the type of business for which the owner is licensed must be filed as a professional limited liability company. So, for a licensed dentist to open an LLC providing... Read more »

1 Answer | Asked in Business Formation for Arizona on
Q: 1% or more owner in business?

I am selling some property in Alaska to a guy who will be growing medical marijuana. I own the property outright and will carry the note. I own some heavy equipment on the property he wants to buy and wants my help running the machinery, etc. Rather than selling the equipment or charging for my... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Feb 28, 2017

The choice of what to offer in exchange for a piece of the company is a business decision for you. The choice depends on whether repayment of the loan/note is worth more to you than a less certain return from an increase in stock value. If they are selling stock at a per-share price that is less... Read more »

1 Answer | Asked in Business Formation for Arizona on
Q: How long will it take to trademark a name ,register a business as LLC & cost?
Adam Studnicki
Adam Studnicki answered on Aug 29, 2015

Different lawyer charge different fees. You can use the find a lawyer tool here to search for lawyers.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
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