There is a lot that goes into asking and answering this question. The legal aspects are probably secondary to business planning. Before you need an attorney you need to have a clear idea, a business plan, sufficient funding, and the right personal environment to launch a business.
New Jersey Uniform Limited Liability Company Act is the primary law that allows that. A Certificate of Formation must be filed by at least one person with authority to organize the LLC with the New Jersey Department of Revenue. The LLC is formed once the certificate is filed unless a deferred...Read more »
I do medical transcribing parttime from home. The group I work with was audited by NJ 5 years ago and fined because the transcribers that live in NJ supposedly need an s-corp license, not an LLC. This applied to only those who live in NJ. Why? I opened an s-corp this year and the cost of running a... Read more »
An "S" Corp is the accountant's best friend and your worst enemy. You need to retain an experienced licensed attorney to custom draft the documents required for an LLC. If you are not at least a 3 member LLC the "corporate veil" that protects you from liabilty can easily be pierced.
Your situation is something that will require an in person document review and more facts, which will be beyond what most attorneys would include in a free consultation. Paying for an hour of an attorneys time will be a wise investment and you will know how to proceed. During this pandemic, you...Read more »
That is a possibility, however, the entire concept and what you envision would require an in-person consultation, which would be beyond the scope of what most attorneys will include in a free consultation.
I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?
If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap...Read more »
If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney...Read more »
Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.
What I almost always recommend to clients with very rare exceptions is to form a "C" Corp (INC) and have the "C" corp own each LLC, with no more than 1 project in an LLC at any one time. The LLC must be at least 3 members. This puts two layers of corporate protection between you and any problems.
You could but you have not provided a defense, for example what does it mean by the road was not closed clearly? If you gave this defense to the judge without a clear explanation and proof, you will lose.
I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business owner. My friend is living in USA so I will open a partnership ( 50 50 %) firm with him. What type of business type, we need to register to start a business in New Jersey state?... Read more »
Good question, but if your looking to get an l1 you will need to do a lot more than just open a company in the US. First visit the US maybe on a tourist visa and while here setup an in office consultation and speak to an immigration lawyer who also knows business formation law.
Specifically, I am looking for what is required in regards to officers and trustees. I am not sure if Title 15a or Title 16 applies. If Title 16 applies, does that mean no provisions from Title 15a apply? If Title 16 applies, which section is applicable to my church as a non-denominational church?
The answer generally depends on how the entity is formed. You need to speak to a lawyer, I suggest you setup a consultation with one, it may cost you money for the consult, but at least you will get the advise you need.
The LLC was registered last May and I invited one of my friends to work together in September last year. Currently, I have 100% ownership. My friend wants to have 35% ownership. But based on his contribution, this percentage is too much high. We don't have any agreement in written so far. But... Read more »
This is a prime example why people who want to set up a business need to retain an attorney to prevent problems, especially when you mix business and friendship. A one member LLC is useless. I would never set up less than a 3 member LLC for any client. The next thing you need to do is have your...Read more »
Our Japanese parent company, started this subsidiary back in the 80's. We purchase their products from them, pay them in full, and don't share the revenue from the deals that are made. That is the extent of the relationship. What really makes me question if we are a legitimate subsidiary... Read more »
You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not...Read more »
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