Lawyers, Answer Questions  & Get Points Log In
California Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Tax Law and Trademark for California on
Q: i have my own business and i went as far as paying for my trademark do i have to pay taxes on my business still?

i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number

Julie King
Julie King answered on Feb 21, 2021

If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... Read more »

2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

James Alan Greer
James Alan Greer answered on Feb 21, 2021

Dear General Contractor with "entity formation" question: You asked which type of entity formation would be the best in the state of California for a company intending to operate as a licensed General Contractor under the auspices of the Contractors State License board... Read more »

View More Answers

2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 22, 2021

The answer to your question should be developed in an initial free consultation by video call or telephone call. The short answer is ... it depends" ... upon your preferred management structure, the operations plan, your succession plan ... and how well you get along with others ...

View More Answers

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

View More Answers

1 Answer | Asked in Business Formation for California on
Q: I am want to create a business and register the name, but the name already exists and it's also registered.
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Then you probably cannot use that name without licensing it from the owner. Contact an intellectual property attorney in your area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... Read more »

1 Answer | Asked in Business Formation for California on
Q: How can I get My Trade Mark up to date what do I need to do ? I didn't follow up on an office action letter

I paid in full for my trade mark for my company We Handle It Handyman Services LLC

Robert Philip Cogan
Robert Philip Cogan answered on Jan 18, 2021

It is possible that your best course of action is to consult an intellectual property attorney. Your question appears to indicate that you are not familiar with trademark procedures. Most people are not. There are many ways to go wrong. You want to be sure it is done right.

1 Answer | Asked in Contracts, Business Formation, Civil Rights and Lemon Law for California on
Q: Need some legal assistance

I need some legal assistance so I purchased my car from , hired a guy to call me and trick me into taking my vehicle in for a smog check . So next I was left stranded and also did not give me or the dealer any notice of the vehicles personal belongings . Which by the way where removed by an... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You should contact your local police department (where the dealer was/is) and make a report that your car was stolen by these people. More than anything, though, you need a lawyer to help you. You can go to the Los Angeles County Bar Association's website (LACBA.com) and click on the... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: If I have an LLC with DBAs set up under it, do my social media and online profiles need to match DBA name exactly?

If I'm a freelancer that does business on sites like Fiverr and Upwork, do my screen/profile names need to exactly match my DBA name?

From what I've read about LLCs, everything says you must make it clear you're operating as a business/LLC. So, in this case, if I have set up... Read more »

Julie King
Julie King answered on Jan 15, 2021

I believe you are asking if your web address and user names need to match your business' name. If so, the answer is no. BUT, you are correct when you say you must make it clear that you are operating as a limited liability company, so your footer, signature, and other public information should... Read more »

5 Answers | Asked in Business Formation and Business Law for California on
Q: Is it possible to register your business as an LLC on a budget with the safety of a lawyer and not the online websites?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 29, 2020

Yes ... and as you might imagine, the simplicity or complexity ... and the actual budget will depend upon a variety of factors. Our basic LLC formation package is about $500 ...

View More Answers

1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

2 Answers | Asked in Business Formation and Business Law for California on
Q: I what to incorporate so as to give an Artificially Intelligent agent legal rights as a corporation, is that possible?

Can the bylaws be written so an A.I.'s choices are recognized by a corporate board or the AI's code be recognized as part of the bylaws and by default, its choices have to be recognized?

Nathan Wirtschafter
Nathan Wirtschafter answered on Nov 27, 2020

I think that if you obtained consent from the Shareholders, Board of Directors and Officers, certain decisions might be made via AI. It's certainly an interesting concept.

However, a corporation does not always protect ownership from personal liability. In other words, the court...
Read more »

View More Answers

2 Answers | Asked in Business Formation and Business Law for California on
Q: I have an LLC biz license in CA for a brewery/distillery. I've decided to start my hand sanitizer biz w/a dif name/logo

I have maybe another 2 offshoot business (all using brewing ingredients or manufacturing brew-related items) as well. I'm wondering if I need 3 separate business licenses/ llc's-like subsidiaries. The "parent" company "St. James Brewery & Distillery LLC" will now... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 19, 2020

It is wise to consider all these factors. It appears that your objective is to get the best result for your bottom line and to minimize risks. Among the many factors to be taken into account are whether you are planning for a long term duration of the company or whether you are seeking to build the... Read more »

View More Answers

3 Answers | Asked in Business Formation, Business Law, Employment Law and Personal Injury for California on
Q: Special Employment - Joint Responsibility

If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or does my bar implicitly accept liability of the suspended company in the... Read more »

William John Light
William John Light answered on Nov 14, 2020

If you want legal research, you'll have to pay for it. This isn't a place to get free, detailed legal advice. Attorneys volunteer their time to answer questions for consumers in need. Issues of liability, special employment, agency, insurance, are complicated. Those answers... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Business Formation for California on
Q: If a small business/start up's corporate lawyer is married to the CEO, is that a conflict of interest or an issue?
Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 6, 2020

For whom? If they both agree to accept any conflicts I'm not sure there is one.

1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: hi! I’m interested in purchasing a website w the name lashboss.com but I’m a little worried as I’m new to business

Is the lashboss trademark available??

Joshua Kroot
Joshua Kroot answered on Oct 14, 2020

You’ll want to do a trademark search to be sure. You can do this yourself and there are books and resources that provide guidance on how to do so (you don’t want to just search the USPTO database because that won’t cover all potential threats to your trademark, although it’s a good start).... Read more »

2 Answers | Asked in Business Formation and Business Law for California on
Q: What are all the basic requirements for starting an online e-commerce business? Any legal work? fees? TOS that I need?
Joshua Kroot
Joshua Kroot answered on Sep 27, 2020

Most people starting e-commerce businesses would be well served to form a company (LLC, corporation) to limit their liability, and will want terms of service, a privacy policy and a return policy. There may be local business licenses that are necessary and restrictions on what can be sold and how... Read more »

View More 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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.