There are three members in the LLC, of which no one ever signed the operating agreement. It was formed to handle business for a podcast. One member left the podcast has left, and he wants to keep the LLC since he paid for the legal fees associated with the formation of the business. The two other... Read more »
Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be...Read more »
Whether or not the agreement you made was notarized is not what protects you in this instance. Instead, Gov. Cuomo's moratorium on evictions in connection with the COVID-19 crisis provides you with protections. See Executive Order 202.28. In addition, the landlord still needs a judgment of...Read more »
My Dad is in MI, and is the owner of a trucking LLC. The authority though is out of Service. Since he already has the LLC and he is open to me brokering freight under the business name, I figured it would eliminate a step for me forming a new LLC. Doing some research on that however is creating... Read more »
If you want to operate a foreign (out of state) LLC in New York you need to domesticate (register) it in New York. Many of the same requirements apply to registering foreign LLC's in New York as they do to forming new ones. Whether it is wise to take over his LLC is dependent on too many...Read more »
You are talking about something outside the ordinary corporation law issues that arise in the creation of a business entity. You could repost your question in the Trademark and Intellectual Property sections. There's no guarantee that every question is picked up, but the attorneys who are...Read more »
It depends on the product you are selling, whether you are storing it, and to where it is being sold, but generally you do not need a license for e-commerce in New York. However, you should review the sales tax aspects of the transactions (Most sales applications can handle this for you) or the...Read more »
You did not say what you are doing. You do not "need" to do it but it will protect your name. Depending on the business, you may need to put your name on invoices and contracts if you have no formal "DBA". Given the modest cost I would recommend filing for the DBA.
The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use....Read more »
Last year I created an S-corp in NY after the suggestion for tax purposes by an accountant. What I didn't realize was that I needed to be a professional corporation first, and then elect S-corp status because I am a licensed therapist. I have income, bank/credit accounts, and a loan under the... Read more »
I am under the impression that New York doesn't allow for domestication, and because it is required in both states it wouldn't be possible as a result. Therefore, my only options would be creating two LLCs, potentially dissolving the original, or creating a foreign entity in CA. However,... Read more »
The short answer is no. But, there are tax issues in each state, and the matter will turn on the manner of payment. The most famous case on this involved the State of New Jersey against Lawrence Taylor the football player. The state sought to recover taxes for each game day in NJ based on his...Read more »
I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »
What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the...Read more »
If you are using a name instead of your own, you definitely should have it registered as a DBA. While you do not have to incorporate, if you are hiring people, you should. One is not necessarily an independent contractor just because you say so.
You're asking for a registrability opinion (whether you can register your own trademark rights in the U.S.). Much of the answer depends on the DuPont factors that try to answer the question of whether your mark is likely to cause confusion with another registered mark. The simple answer for...Read more »
I am a starting film maker. I have 2 movies with their own LLCs (one with a partner/the other as a single member - so the one we are two managers/the single member, I am the only manager) - both films will add investors as members, but I need to file as a signatory, and purchase insurance. My... Read more »
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