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Indiana Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What is the difference between an Entity Authorization and a Corporate Resolution?
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

In Indiana, an Entity Authorization is a general document that specifies who can act on behalf of any business entity. A Corporate Resolution is specific to corporations and records formal decisions made by the board of directors or shareholders. Both indicate who is authorized to make decisions... View More

2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Indiana on
Q: Can someone make their YouTube series the same name as my company/domain name?

I own my company, website, and domain name “ask a backpacker” someone on you tube have a series with the same name. Isn’t that illegal?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

If you own the company, website, and domain name "Ask a Backpacker," you may have common law trademark rights to the name. If someone on YouTube is using the same name for a series in a way that causes confusion or may dilute your brand, it could potentially be considered trademark... View More

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2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

I thought of something else worth mentioning...the situation you describe makes it even more important than usual to protect the LLC's liability shield, i.e., to avoid practices that courts might use as reasons to "pierce the veil," an extraordinary remedy that allows the creditors... View More

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2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... View More

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1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What forms must be submitted to IRS if my LLC brings on a new member

I am the sole member in my LLC, and am planning on adding one or two more members in the near future. There is no operating agreement therefor I am going off of Indianapolis law. It says it needs to be in writing, do I need to dissolve the LLC and form it with the new partners or can I sign... View More

Michael Ray Smith
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Michael Ray Smith
answered on Mar 30, 2022

If your LLC is currently taxed as a disregarded entity (i.e., like a sole proprietorship so that you report all the tax items on your Form 1040 instead of filing a tax return for the LLC), and you add members, you will need a new EIN. The LLC will then be taxed either as a partnership (the default... View More

2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More

Michael Ray Smith
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Michael Ray Smith
answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
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Michael Ray Smith
answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... View More

1 Answer | Asked in Business Formation and Trademark for Indiana on
Q: Hi I want to use a fish in my logo for a christian clothing site can I be sued by christian mile or anything like that
London  Davenport Tessener
London Davenport Tessener
answered on Dec 21, 2021

You should hire a trademark attorney to assist you with a trademark search and filing the application for your mark.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

1 Answer | Asked in Personal Injury, Business Formation and Employment Discrimination for Indiana on
Q: I need help with a job related incident
Tim Akpinar
Tim Akpinar
answered on Dec 11, 2020

An Indiana attorney could advise best, but your question remains open for a week. If the incident involved an injury sustained in the course of employment (you included personal injury in your categories), you could reach out to a workers' compensation attorney. Many offer free initial... View More

1 Answer | Asked in Bankruptcy and Business Formation for Indiana on
Q: How can I get information on my bankruptcy records from 2010-2011

I filed in 2010 and my case was closed in 2011

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 14, 2020

Google pacer.com, and sign up It's free. Then go to bankruptcydata.com, and click on "free resources in the upper right of the opening page. It will give you a list of all the bankruptcy court websites. Click on Indiana, then choose the Indiana "ecf" site. You will need the... View More

1 Answer | Asked in Business Formation for Indiana on
Q: Do I need to hire a lawyer to help me decipher the laws in Indiana about required masks for teachers?

I have been told it will be required periodically for my job as a teacher.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 13, 2020

You should not need a lawyer for that. Requirements for schools and teachers would be made public and in common English (no legalese). The Dept. of Education has sources available to you. Go to:... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Indiana on
Q: Is it legal to use art for commercial use from a minor, if said art was bought as a comission?

We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... View More

Barbara Berschler
Barbara Berschler
answered on May 17, 2020

When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.

Because a minor is involved, you need to tread carefully. Minors are not...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... View More

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: In an LLC, can members be anonymous to othwr members?

If a non management member doesnt want their information made available to other non management members, can that be done? Example, if a member doesnt want the other non management members to know their ownership percentage or capital investments, can that be with held from the other non management... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

An attorney would need to review the LLC operating agreement. It may be easier to multiple business entities to mask the owner's identify. You should speak with a local business attorney.

1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

We are experienced caregivers but wonder about repercussions from a fall or injury to my mother in law.

Chase T Wilson
Chase T Wilson
answered on Apr 28, 2017

I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.

1 Answer | Asked in Business Formation, Business Law and Securities Law for Indiana on
Q: I pitched a technology start-up idea to a family relative, he liked it and agreed to invest.

He is neither a US citizen nor a resident, and he does not want to be listed in the US Startups (even if the law allows him to). He wants to invest via a loan instrument, which I am expected to pay back whenever the model succeeds, beyond which we will share all profits as partners. This therefore... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Apr 10, 2017

The answer to your question depends on the Tax Treaty between your relatives home country and the USA. Generally, interest paid to foreign nationals on loans made in the USA are subject to US taxes and withholding. The amount of the tax and the withholding is dictated by a tax treaty between the... View More

1 Answer | Asked in Business Law, Business Formation and DUI / DWI for Indiana on
Q: Can you get a liquor license in Indiana if you had a OWI in 2012
Paul Stanko
Paul Stanko
answered on Oct 2, 2016

You need to provide more information. Were you convicted or just arrested?

1 Answer | Asked in Business Formation for Indiana on
Q: What do I need to do to buy a mom and pop business that is for sell.

The owner is very ill and the business is up for sell very recently. It is a hot dog, pizza and mainly ice cream shop that is well established in my community.

Charles Snyderman
Charles Snyderman
answered on May 16, 2014

You should hire an experienced attorney who can assist you with a contract, due diligence, and the closing.

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