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California Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for California on
Q: Assisting in filing all forms involved with the CSO application
Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

A California attorney could advise best, but you await a response for two weeks. You might be better off simply reaching out to attorneys, either ones you find on this site or through your own independent searches. The format here is just basic question and answer, not an attorney referral. If you... Read more »

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for California on
Q: What is best for me llc or corporation i want to start a business buying properties in other states and rent them out
Joshua Kroot
Joshua Kroot answered on Aug 9, 2020

There are a few factors that will play into your decision, including how many properties you are planning on holding, whether there will be other owners, partners or investors in the business, and what your tax situation is. Often, real estate holding companies will be structured as LLCs. Many... Read more »

1 Answer | Asked in Business Formation and Entertainment / Sports for California on
Q: I need the services of a lawyer to review a 4 page LLC agreement for an entertainment project.
Jason Brooks
Jason Brooks answered on Jul 29, 2020

I’d be happy to help. Email me at: jason@altviewlawgroup.com and we can set up a time to discuss this week.

2 Answers | Asked in Antitrust, Business Formation, Business Law and Employment Discrimination for California on
Q: Is it legal in CA to start a business that is competitive with a former employer?
Maurice Mandel II
Maurice Mandel II answered on Jul 28, 2020

It depends on whether you signed any trade secret agreements in your former employment. They could use that to claim you were using confidential information to contact your former clients, whether it is true or not. There is no legal prohibition against competing against a former employer using... Read more »

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3 Answers | Asked in Business Formation, Business Law, Car Accidents and Personal Injury for California on
Q: If I purchase a vehicle in my company name, am I putting my business at risk If I am sued in result of an accident?

I plan on purchasing a truck used primarily for work, but also for personal use. In order to utilize tax benefits such as "bonus depreciation" the vehicle has to be titled in the company name. I fear that if myself or my spouse are driving the vehicle and are sued in the event of an... Read more »

William John Light
William John Light answered on Jul 11, 2020

In short, yes. As an owner of the vehicle, the Company is liable for up to $15k/person, $30k/collision for bodily injury and up to $5k for property damage.

If you injure someone in the course and scope of your work, the Company is liable for all damages you cause. If you have a commercial...
Read more »

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2 Answers | Asked in Business Formation and Trademark for California on
Q: If I found a trademark that was requested after I created my LLC, would I get affected? Do I have a right to my LLC name
William Scott Goldman
William Scott Goldman answered on Jul 1, 2020

LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant... Read more »

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Adding a new member to a single-member LLC

I established a single-member LLC in California in 2018. Now, I would like to add another member to this LLC by giving him 50% of the ownership. I already received a new EIN from IRS for this two-member LLC. Now the question is what form do I need to file on California State's website? Do... Read more »

Kristina M. Reed
Kristina M. Reed answered on Jun 17, 2020

I recommend that you consult with your CPA and a business attorney. Your question poses a few layers.

First, unless the Articles of Organization prevent additional members, the LLC can have more than 1 member without the need to file Amended Articles of Organization. If you are unsure,...
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2 Answers | Asked in Business Formation, Business Law and Civil Litigation for California on
Q: I may be facing a lawsuit. I am operating as a Sole Prop. Can I form a LLC now and be protected from a lawsuit?

I added a copyrighted image to my website by mistake. Once I found out it was copyrighted I removed it but the attorney for the original photographer is still threatening me with restitution for a ridiculous amount ($150,000)-even though the pictures license can be purchased for $250. Can I... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

There are several parts to your question:

1. Forming an LLC before the lawsuit will not protect you, as it is a separate legal entity formed after the event in question. As a sole proprietor you would be personally responsible for the infringement.

2. As there may be other facts...
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1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Q: I have a question about a company name

Someone else has the company name I want but, they haven't been active since 2014 I believe. They don't have it trademarked i looked them up on the government trademark site and other sites they don't come up. Is it possible i can trademark the name and use it for my company?

Barbara Berschler
Barbara Berschler answered on Jun 6, 2020

Trademark rights are not merely created by someone registering the mark, whether with the USPTO or under a state's law. Under the common law, if you use a mark as a mark, you can acquire trademark rights in that mark. You would need to investigate further about whether the other person has... Read more »

2 Answers | Asked in Employment Law and Business Formation for California on
Q: I have worked for 4 years without pay

Hi, my brother in law asked me to work for him for four years and he will make me owner of the business. In these 4 years i have worked more than 70 hours weekly without pay. Just for the past year he connected my account to his doordash payments and thats how i got paid just for past year

Neil Pedersen
Neil Pedersen answered on Jun 1, 2020

You are going to have to have a specific consultation with an attorney to determine your status. If you are a partial owner, it is possible that you did not have a right to pay as an employee. However it is far more likely that you should be considered an employee, and you should have been paid... Read more »

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1 Answer | Asked in Business Formation, Business Law and Securities Law for California on
Q: Starting an equities investment club in California. Will create a CA LLC and an online brokerage account for trading.

We are going to pool our money into a single brokerage account. The account will be managed by one person who does not have a securities license. Is this ok?

Also, the members of the club would like to compensate the person who will be managing the account, keeping the records, etc. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 14, 2020

Unless everything you are planning to do can be fit under the statutory heading of "Investment Clubs" (assuming California allows them) you and the trader who is making money are looking for big-time trouble.

1 Answer | Asked in Business Formation, Business Law and Divorce for California on
Q: Divorce with business partner

We own a commercial property, it’s 50 percent mine/my wife and 50 percent my brothers / his wife.

My brother is getting divorced and now I am wondering how this will impact me. I have enough liquidity to buy him and his wife out but what if they don’t want to sell?

What are my... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 3, 2020

It depends on how the owners hold title … whether as within an LLC or as individual property owners. The process for resolution in these types of situations is mediation, since the "family" will continue regardless of the divorce … and it is often better, if possible, to engage a... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for California on
Q: Can a lawyer also be a famous public figure?
Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

Yes. Think of defense attorneys you see on television in high-profile cases. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury, Products Liability, Business Formation and Business Law for California on
Q: My brother was able to purchases a fishing knife by himself without asking for an Identification id.

He got injured because of that nothing hospitalized but what if his small siblings would of accidentally grab it and things go from bad to worse and horrified in seconds

William John Light
William John Light answered on Apr 15, 2020

I am unaware of any legal requirements for a retailer to request identification before selling a knife.

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Q: Can my business partner use the companies attorney in a partnership dispute? The fees are paid by company.

Am I entitled to know discussion since it was paid for by company funds.

Gregory Byrnes
Gregory Byrnes answered on Apr 9, 2020

Typically no because that is a conflict of interest for the attorney. The company is the client, not the shareholder and representation of the shareholder individually is usually a conflict. Additionally, if the company is paying for the personal expenses (their personal legal fees) of the... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: As a limited partner, what happens if I vote no to the amended operating agreement but the majority partners vote yes?

I'm a limited partner in a partnership. The managing partners who are also majority shareholders are amending the operating agreement which includes clause that changes how limited partner can exit. I want to understand my position. Can the amendment get approved if I vote no but the majority... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Apr 3, 2020

Well, the first item on our review list would be … what does the current LLC Operating Agreement state regarding such "votes" and "changes" to the current agreement. Often times, such changes require a unanimous vote … and even in the absence of a requirement of a unanimous... Read more »

1 Answer | Asked in Banking and Business Formation for California on
Q: How much would Patrick Moimoi sell his brand name Oua
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

It's unlikely that anyone here would know that. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation for California on
Q: Do I need to register my own business design name?

If my business name is for instance:

"The Only One LLC", and on my products I will use "The Only One"

Do I need a DBA in order to TM my products as "The only one"?, or I don't because my business name is already "The Only One LLC" it... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

If you'd like to use THE ONLY ONE as a trademark on your products you do not need a DBA. If you'd like to use THE ONLY ONE in word format then you'd file a trademark application for the word mark. If you'd like to use THE ONLY ONE in a stylized format or with stylized (or... Read more »

1 Answer | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: i have a online business i am starting wanting to sell dog accessories and was wondering what trademark code would i use

i am going to sell collars, leashes, treats, clothing, toys, beds, etc and some things like collars/leashes/treats will be homemade

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

The classification codes vary depending on whether the product is a good or service. It would not be possible to truly answer your question without more information as, simply based upon your list, you will likely have multiple classification codes as pet apparel is a separate code from treats,... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board

Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board that I owe in excess of $900 for back "taxes" in 2018, which I think is the $800 annual fee. Am I still responsible to pay this? or can I ignore these notices since... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Generally you're not personally liable for the franchise fees.

It may be worth having a professional take a look and write a letter to the franchise board.

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