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Pennsylvania Business Formation Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Should we open an LLC or LLP for our trading card business?

I'm planning to start a trading card business with my partner, where we are the only two people working for the business. We plan to keep finances simple with a joint business account and track all purchases. Our primary goal is to grow the business, and we're looking for a 50/50... View More

Michael Cherewka
Michael Cherewka
answered on Apr 16, 2025

You should meet with an experienced business attorney and a CPA to discuss this before you just choose an entity type (LLC v LLP v S Corporation) and have a 50/50 partnership. I am generally not a fan of 50/50 ownership unless you have very clear documentation on how you terminate or get out of a... View More

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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Could I buy a “holding” company LLC that holds recipes and stipulations for the restaurant LLC I own 60-40?

My partner is essentially a silent partner so I would be interested in buying the “holding” company and use that to possibly expand in the future and keep the restaurant LLC its own thing.

Michael Cherewka
Michael Cherewka
answered on Jun 2, 2024

Not sure what you mean by buying the holding company. But it is not unusual to set up a separate LLC to own recipes or systems/processes or equipment and the license or lease them to multiple operating entities for each restaurant location. Provides asset protection, different streams of revenue... View More

Q: How can I protect my farm from being seized due to my corporation's financial issues?

My corporation is facing financial difficulties, and I'm concerned about protecting my farm, which is currently owned by the corporation. There are no liens on the farm, and I haven't received any legal notices yet. I am considering transferring the farm into a revocable trust for my... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2025

Unless you pledged your far as collateral for the corporation, you should be fine. The corporation is a separate entity altogether and your personal assets are not at risk unless you pledged them or there is some kind of fraud involved which would allow them to pierce the corporate veil.

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Pennsylvania on
Q: How do I close a retired LLC in Pennsylvania without liabilities?

I am retired and want to close out my small LLC based in Pennsylvania if necessary. I have no remaining liabilities or assets, and I have already filed the final tax returns for the LLC. How do I complete the process of closing or determining if closure is necessary for the LLC?

Joseph Korsak
Joseph Korsak
answered on Apr 19, 2025

This is not a site to help do-it-yourselfers do it themselves. To close out an LLC there is an abundance of forms to be filled out and filing fees to be paid. Call an attorney in your area for help.

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1 Answer | Asked in Business Formation and Tax Law for Pennsylvania on
Q: Can I use a virtual address for my LLC tax filings in PA?

I have a newly established LLC in Pennsylvania, which I registered using a virtual address. The business is still in its early stages and hasn't made any money yet. For tax filing purposes, should I use the virtual address I registered the business with, or my actual home address?... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can use a virtual address for your Pennsylvania LLC's registration and tax filings, provided it meets certain criteria. The address must be a physical street address—not a P.O. Box—and should be capable of receiving official correspondence. This is essential for both your... View More

1 Answer | Asked in Business Formation and Banking for Pennsylvania on
Q: Can a fintech bank refuse a virtual address for my LLC's EIN?

I am experiencing issues with registering a virtual address, which is linked to my EIN, with a fintech bank—it only accepts my home address for both personal and business transactions. My business is an LLC formed by a registered agent, and my EIN is registered under my business address. How can... View More

James L. Arrasmith
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answered on Mar 24, 2025

Yes, fintech banks can refuse to accept virtual addresses for your LLC's EIN registration, even when that address is legitimately tied to your business formation documents. This happens because many financial institutions have specific requirements under Know Your Customer (KYC) and Anti-Money... View More

2 Answers | Asked in Business Formation, Land Use & Zoning, Real Estate Law and Business Law for Pennsylvania on
Q: How to start a knife sharpening service sole proprietorship in Pennsylvania?

I am planning to start a sole proprietorship knife sharpening service from my home in Pennsylvania, but I'm not sure where to begin. I would like detailed instructions on the steps I need to take to set up the business, including any specific local permits or zoning regulations I should be... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

This service is intended more for one question legal matters. Your request is more in the nature of a request for a conference with an attorney. Such a conference would likely take 1-1/2 to 2 hour of a lawyer's time. You need to set a time with a lawyer for such a conference.

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1 Answer | Asked in Trademark and Business Formation for Pennsylvania on
Q: Is Swank Paper Co. infringing on Morgan Swank Studio's trademark?

I own a greeting card company called Swank Paper Co., founded in 2023. A woman contacted me regarding a potential trademark infringement, as she owns a greeting card company named Morgan Swank Studio, which has been trademarked since 2021. She claims our company names are similar and could cause... View More

Alan Harrison
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answered on Mar 12, 2025

This is a trade mark issue. Whether it's something you really need to worry about is questionable. There are plenty of options to resolve it, too.

Q: Do i have a case against my boss for unfair treatment

I have gotten written up for things that happened 5 months ago after already being reprimanded and treated like crap for a month mind you 4 other girls do the same things I do and never get written up for anything just me. She also takes a half hour pay from us everyday for lunch but won't let... View More

Joseph Korsak
Joseph Korsak
answered on Dec 18, 2024

You at least have a wage and hour claim under federal law. Look me up at korsaklaw.com,

Q: Can I develop a new product that I'm already existing products?
Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

From the way the question is written, it's not fully clear exactly what you wish to do, but it looks like your concerns might be related to intellectual property issues. You don't want to be accused of infringing on the designs of other products out there or getting into trouble with... View More

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1 Answer | Asked in Copyright and Business Formation for Pennsylvania on
Q: Can I use this logo for my business under my name

I want to use a picture saying I’d smoke that for my food truck but need to verify I can without permission

James L. Arrasmith
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answered on Oct 8, 2024

Using a logo or image for your food truck without proper authorization can lead to legal issues. It's important to ensure that you have the rights to use the specific picture you’re interested in. This typically means obtaining permission from the original creator or verifying that the image... View More

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am starting an online business in PA and live in NJ. Can I use a virtual address to form an LLC in PA?
Michael Cherewka
Michael Cherewka
answered on Jan 22, 2024

If you are looking to organize a PA LLC it will require a street address for the Registered Office in PA. That can be an office or something simple like a UPS Store "suite" address, or you can hire a Registered Agent in PA.

2 Answers | Asked in Business Formation, Trademark and Intellectual Property for Pennsylvania on
Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings

Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More

Michael Cherewka
Michael Cherewka
answered on Nov 2, 2023

Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More

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1 Answer | Asked in Business Formation and Estate Planning for Pennsylvania on
Q: What process is required to give Personal Rep authorization to windup a PA LLC where the sole member has died?

Sole member of small PA LLC has died. Operating agreement dissolves the LLC upon member death. Personal Rep wants to wind up and terminate the LLC. Personal Rep has letters testamentary. What PA Dept of State forms (filing of certificates), or processes, are required to authorize Per Rep to wind... View More

Michael Cherewka
Michael Cherewka
answered on Apr 18, 2023

The Personal Rep has the authority to wrap up the LLC as you describe it. There is a Dissolution process in PA for ending an LLC, which includes collecting all revenues and accounts receivable, paying all costs and debts of the business, getting tax clearances from the Department of Revenue, and... View More

2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Do I use my virtual office address or my home address to get a business license in Pennsylvania?

I am starting an online business in PA and have a virtual office address for the business along with a registered agent that I used to file the corporation with the state. Can I use that address to get a local business license or do I need to use my home address? I am unsure if I should use the... View More

Michael Cherewka
Michael Cherewka
answered on Feb 27, 2023

Not sure what you mean by a "business license" in Pennsylvania? if you are looking to form a corporation or an LLC to conduct a business in PA you will need a street address. We usually don't recommend that you use your home address, but since you do not have a business office or... View More

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am getting ready to start a business and I like the anonymity available with a Wyoming S-corp.

I live in and the business will operate in Pennsylvania. What is the best way to set this up? I am not looking to dodge the pa tax, I just don't want my name on the database as the owner. Should I register as a foreign corporation or set up a second domestic S corp with the first as the owner?... View More

Nancy L Lanard
Nancy L Lanard
answered on Feb 7, 2023

Whether you form the entity in DE, NV or WY, you will still have to file in PA as foreign entity and will be visible. However, if you want anonymity, then use a paid registered agent and have a service or law firm file the paperwork for you in PA. This will provide the anonymity you are seeking.... View More

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1 Answer | Asked in Real Estate Law, Business Formation and Landlord - Tenant for Pennsylvania on
Q: LLC formed in NJ owns rented condo. LLC address was my home address which i sold and moved to PA.

i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... View More

Michael Cherewka
Michael Cherewka
answered on Dec 27, 2022

Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... View More

1 Answer | Asked in Business Formation for Pennsylvania on
Q: I do detailing at a dealership if I take photos of the work I do at the dealership can I use it to advertise my business
Cesar Mejia Duenas
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answered on Dec 23, 2022

So long as the agreement with the Dealership or your employer does not prevent you from using pictures of your work, and your advertisement is truthful and accurate, you may do so.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I want to start a business and have legal questions.

I want to start a classifieds webpage for cannabis products for dispensaries and consumers alike. How can I make that happen?

Robert Kost
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answered on Aug 2, 2022

One response is "just do it." But a better answer would be to form a business entity, such as a corporation or a limited liability company, to protect your personal assets from exposure to business liability.

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Q: I want to create a Subsidiary under my current LLC. Do I create the Subsidiary as a new company with a separate ein?
Michael Cherewka
Michael Cherewka
answered on Jan 16, 2022

This question is far to general for a forum like this. You should meet with your attorney and your CPA to discuss why you are creating a new company, and also whether it should be a subsidiary of your current LLC. Also depends on the tax status of your current LLC

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