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Ohio Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Contracts for Ohio on
Q: Purchasing commercial equipment and on the purchase agreement nowhere to find the interest rates is this legal.
Joseph Jaap
Joseph Jaap answered on May 21, 2020

If a purchase price and payment plan have been agreed, there is no legal requirement to specify any interest rate. And even if there were, and it was omitted, the omission wouldn't make the contract "illegal." It might be more of an income tax issue to determine what portion of the... Read more »

1 Answer | Asked in Copyright, Business Formation and Business Law for Ohio on
Q: Creating a online program to help pass state testing. Can I use questions from the textbook in the program

Should I reword questions or cite sources or both ?

Joseph Jaap
Joseph Jaap answered on May 19, 2020

Test questions are subject to copyright. And the testing companies have enough money to go after infringers.

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: If I win something. Then the person asks me to pay for shipping, am I allowed to keep what he sends me?

.

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

Can you provide any more information on this question? It's not clear what the legal issue is. Did you win something in a competition but you have to pay postage?

1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I form 2 LLCs or just 1?

I want to form an LLC form my freelance graphic design company, Im the only employee for now. I also wish to sell t shirts, posters and such under same brand. Like how Disney for example creates movies and sells apparel. Would I need to form two seperate LLCs or just the one and create a dba for... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

There are both legal issues and tax issues to consider. You'll first need to talk to your business tax adviser about your tax situation and the plans for your business, to determine the preferred organization structure. Then use the Find a Lawyer tab to retain a local business attorney to... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help with an online business that isnt an actual established business, kind of like selling stuff on facebook.

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

Since you saw the need to double down and admit to being involved in further cybercrimes I saw the need to repeat my advice posted in answer to your earlier question.

Based on your own description of the "online business" that you say you "help run" it will be hard for...
Read more »

2 Answers | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help run an online business, and I need advice

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... Read more »

Matthew Williams
Matthew Williams answered on Aug 4, 2019

You should hire an attorney to go through the transactions, the customer complaints, and the rest of your business to help you prepare to defend allegations that you are part of the scam.

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1 Answer | Asked in Business Formation for Ohio on
Q: What should I consider when starting an LLC in Ohio?
Andrew D Randol
Andrew D Randol answered on Jul 23, 2019

Hi:

In the state of Ohio, you should have three things to start an LLC: your articles of organization (filed with the Ohio Secretary of State, your EIN (filed with the IRS), and an operating agreement (between you and the other members).

The articles of organization and EIN are...
Read more »

2 Answers | Asked in Business Formation, Business Law and Contracts for Ohio on
Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

Don’t have more information

Matthew Williams
Matthew Williams answered on Jul 8, 2019

Any lawyer could sue a big company, but without more information none is going to.

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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I have to give credit to former group members when starting up a software company?

I am interested in creating a program that I started in college for a capstone class. In the capstone class I worked with a group and did research for the program but we never finished it or put it forward as a complete product. I am using some of the feedback we received from the version of the... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2019

Ideas themselves are not patentable - they have to be put into use. If you alone write a program based on ideas developed by a group, then unless there was a contract or other agreement among the group or with the college, you own the copyright on the program, and are entitled to profit from the... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on
Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on
Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

I bought a car through a dealership, A, and I make my official car payments to loan group B. I did not have enough money at the time for a down payment, but worked out a monthly plan with A while still making payments to B. So thats $420 to A, monthly and another $226 to B, monthly. I had about 3... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 9, 2019

If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on
Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
Neil Klingshirn
Neil Klingshirn answered on Jan 27, 2019

First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are... Read more »

1 Answer | Asked in Business Formation for Ohio on
Q: LLC agreement between partners

Notwithstanding the foregoing provisions of Section 8.2, should the sole remaining Member be entitled to and elect to acquire all the Interests of the other Members of the Company in accordance with the provisions of Section 8.2, the acquiring Member may assign the right to acquire the Interests to... Read more »

Matthew Williams
Matthew Williams answered on Aug 3, 2018

And what is your question? If you want to know what it says...its important to have Section 8.2 as well.

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Ohio on
Q: How do my husband and I create a 2 person member LLC for a rental property?

We are not running it like a true business, we have no employees, just collecting rents. It appears there are different rules for a community property vs. non-community property state (Ohio). We are just wanting something simple not having to create a partnership or joint venture, is this possible?... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 5, 2018

An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal... Read more »

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: What legal steps are necessary to open an eliquid company?

Looking for any detailed information on the necessary legal documents and steps to opening an e liquid company?

Matthew Williams
Matthew Williams answered on Jan 3, 2018

Get a lawyer to help you with this. Opening the company is fairly straightforward, but there are lots of regulations concerning the packing and sale of these products and you need to be familiar with them.

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: What forms do I need for an online business??

My boyfriend and I are trying to start an online business. Would this be considered a partnership? If so, do we need a partnership agreement? Does that agreement need to be also signed by a lawyer? (We don't have money to consult lawyers about these things). As far as when we are filing our... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 13, 2017

Those questions cannot be answered on-line. If you want to start your business properly, and avoid future problems, then you need both legal advice and tax advice. So you should save up enough money to obtain that professional assistance so you can start the business correctly. You and he would... Read more »

2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on
Q: I am entering a partnership with someone and need assistance on how to protect myself.

She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 22, 2017

You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.

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1 Answer | Asked in Personal Injury, Products Liability, Business Formation and Business Law for Ohio on
Q: I'm creating a game that has people travel the city. If they are injured, am I liable? Do I need a waiver or insurance?

Players will not be on my business property. The game utilizes different symbols or locations in the city like a scavenger hunt.

If I would be liable for injuries, would having a mandatory waiver as a part of my website's terms and conditions (that players must agree to in order to... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 3, 2017

As you describe it, if you make part of the rules they comply with all laws etc you shouldn't be liable. If it's a drinking game, that might be different.

2 Answers | Asked in Business Formation and Business Law for Ohio on
Q: Is an operating agreement same as lease agreement between a holding & operating LLC?
Glenn B. Manishin
Glenn B. Manishin answered on Mar 22, 2017

No, an operating agreement governs how an LLC enitity is run among its members (essential shareholders), including division and distribution of profits, not an agreement between two or more LLCs or other legal corporate entities.

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