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Missouri Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Can my Board of Directors of my Non for Profit, re write the bylaws to change the definition of a membership of the org?

We want to have just the board of directors and teachers committee vote on board seat vacancies and we don't get a lot of membership activity to warrant their input, other than their regular participation in weekly sits (Meditations and Dharma Talks)

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

Yes, your Board of Directors can generally amend the bylaws to change the definition of membership and voting rights, provided that the current bylaws and your state laws permit. Here would be the steps:

Review Current Bylaws: Check for the amendment process.

Draft Amendments:...
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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 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 Business Formation, Contracts and Tax Law for Missouri on
Q: As a freelance Graphic designer working with a few small businesses would it benefit me to get a LLC for taxes?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2022

It might benefit you to create an LLC for limiting personal liability.

For the answer to your specific tax question, I suggest you query "LLC" and "pass-through" or contact a CPA or tax attorney if you still have questions.

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: is it illegal to keep my name on business loan of business I was bought out of?

my husband sold his part of a business to other partner but his name was on the business loan and was not removed and he also had life insurance policy used as collateral on that loan in his name only at this business. He died of cancer and that life insurance policy in his name only was used to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 8, 2020

My condolences for the loss of your husband. The buyout of his interest was a contractual obligation. If you are uncertain, have an attorney review the contract to see if it required the other party to refinance the loan so that your husband was no longer a guarantor. It’s not a matter of... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: How much does it cost to get a full liquor license in Illinois/Missouri?

I want to open up a bar and grill in either Missouri or Illinois or both. How do much would it cost in either state and what's the process? Will i need to take classes? And what's the best business structure to go with?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 8, 2020

There are several types of liquor licenses in Missouri. The type you get will depend on many factors. You will have to apply for the license, pay the fees, purchase a bond, at a minimum. It is a process that takes time, including a background check and fingerprint check.

The format of your...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Missouri on
Q: Can a none compete be over turned by the declaration of independence?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 25, 2020

I have no idea what your question means. Non-competition agreements are generally enforceable but they can be challenged depending on their terms. If the situation is important to you then you ought to hire an attorney to review the contract and give you advice. These agreements often have... View More

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on
Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

1 Answer | Asked in Business Formation, Car Accidents, Civil Litigation and Libel & Slander for Missouri on
Q: My car was stolen march 29th took on a high speed chase and they crashed my car I was contacted buy highway patrol I ask

The officer I was on my way cop told steves towing I was on my way get the car officer said the tow truck driver rushed get my car on the truck to where I had pay 600 for them to drop it and they was told don't load my car up my insurance doesn't use steves towing now steve that owns the... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 26, 2019

Tell the local cops what highway patrol said or ask highway patrol to straighten him out. Towing is a racket and they are allowed to charge huge amounts for nothing.

2 Answers | Asked in Business Formation, Business Law and Trademark for Missouri on
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

Trademark rights depend on use. You would need to search for similar federal (or state) registrations in the same class of goods or services and then analyze those registrations against your desired name and determine whether there is a likelihood of confusion under the DuPont factors. If that... View More

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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Missouri on
Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

Confidentiality. Customer hereby represents and warrants that Customer has not and will not disclose the financial terms of this Agreement to anyone other than, legal counsel and/or a financial advisor. However, Customer warrants if Customer discloses the terms of this Agreement to legal counsel,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

The agreement refers to keeping its terms confidential. I don't see how your discussing your situation with someone prior to receiving the agreement could be a breach of the agreement. The last sentence you wrote, however, ends with "Custom" so I don't know what is missing.... View More

1 Answer | Asked in Tax Law, Gov & Administrative Law, Business Law and Business Formation for Missouri on
Q: I'm tring to open a business and I'm tring to figure out what's taxable and what's not and if it is what's the tax
Matthew M Montoya
Matthew M Montoya
answered on Sep 26, 2016

Tax law is certainly complex and depends entirely on your factual situation. It's commendable that you're inquiring about your tax obligations at such an early stage. Getting these systems down will greatly benefit you in the long run.

The IRS publishes small business guides...
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1 Answer | Asked in Business Formation for Missouri on
Q: I BOUGHT A BUSINESS AND I PAID 50% OF THE PAYMENT. IS THERE ANY CHANCE TO GET MY MONEY BACK IF I RETURN THIS BUSINESS
Charles Snyderman
Charles Snyderman
answered on Jul 4, 2014

This is a difficult question to answer without knowing a lot more. For example, what does the contract say? Was there fraud on the part of the seller? How long ago did you become the owner? I suggest you schedule an appointment with an attorney.

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