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Tennessee Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: My general partner in our L.P. has recently died. How do I (limited partner) undergo converting to a sole proprietorship

My father (general partner) in our Limited Liability corporation has recently died and me (the limited partner) needs to convert the business to a sole proprietorship. What form can I access in order to undergo the conversion? If not, is a general partnership a better idea? Thank you.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 2, 2022

No form is going to meet your objective, and you are confused about LPs and LLCs. Hire an attorney to examine the business and its assets, and then advise a course of action. Sole Proprietorship means you individually own it. It may be very simple, instead of a formal Dissolution.

2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... Read more »

Michael Ray Smith
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Michael Ray Smith
answered on May 17, 2022

I'm not a Tennessee attorney, but the answer to your question would be more or less the same in any state.

I agree with Mr. Wright. Yes, you should have an LLC out of the gate. A corporation is another alternative, but an LLC is generally the structure of choice for small...
Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Tennessee on
Q: Can I use my Virginia formed LLC in TN?

I have an electricians license in TN as well as local business licenses. I have registered to pay business tax and franchise and excise tax on Tennessee. I live in Virginia and have formed my LLC in Virginia. Am I okay to use my local TN business licenses and my TN electrical license to perform... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

You could register your VA LLC in TN as a foreign entity.

1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Business Formation, Copyright and Trademark for Tennessee on
Q: Can I use business name "Bath and Body Goods" or "Bath & Body Goods" without being sued by "Bath & Body Works"?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2021

Very likely you will get sued. Don't do it.

1 Answer | Asked in Business Formation and Contracts for Tennessee on
Q: Can a business partner Sue someone with no contract or agreement signed in state of Tennessee
Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 6, 2020

There is an old saying that anyone can sue anyone for anything. The question would be whether someone can sue over an oral agreement? Most oral agreements are valid. There are a number of exceptions. For instance a contract for the sale of real estate must be in writing.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: What kind of license do I need to manufacture and sell cosmetics (NOT drugs) in Tennessee (Handcock county).

I have contacted every agency I can think of in Tennessee to find out if I need a license to manufacture lotions, soap and Bath Bombs in Tennessee. Everyone says they know if no requirement. If this is true, is there a county or city license I need?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 30, 2020

You would need a business license for the city / county where you are dong business. Beyond this the soap products are regulated -

I am attaching below a link that may help you get some guidance....
Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How can an Architect w/ his own Firm (S-Corp, Prof. Corp.) in TN have a 50/50 financial partnership w/ a non-Architect?

Can he be a 50/50 shareholder?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 12, 2020

Look at TCA 62-2-601 and 602 - This explanation is from the State's website: A corporation, partnership, or firm offering architectural, engineering, or landscape architectural services to the public may engage in the practice of architecture, engineering, or landscape architecture in... Read more »

1 Answer | Asked in Business Formation for Tennessee on
Q: What must I do to make my incorporated corporation a professional corporation in Tennessee?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
answered on Aug 6, 2020

You should be able to get a form online from the Secretary of State Business Services website. Make sure and check whether it can be done online, because some changes must be mailed in.

1 Answer | Asked in Business Formation and Health Care Law for Tennessee on
Q: As a pharmacist, am I able to virtually counsel patients from other states? Are they 'virtually' in TN?

Hello, I am a Pharmacist in Tennessee, and I want to start an online pharmacist consulting business involving reviewing patient's medications, recommending optimal therapy based on best evidence, answering drug information questions and providing cost-savings by finding cheaper alternatives... Read more »

Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on May 18, 2020

You are likely in need of a business attorney to advise regarding these points. I recommend you consult with an attorney for detailed answers to these questions and deeper discussions of potential legal risks in this new business plan and ways you may mitigate that risk.

The law generally...
Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I... Read more »

Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation and Real Estate Law for Tennessee on
Q: i am loaning money for a house flip. I will have a promissory note. Is that enough to protect my investment?

The house is to be short term leased from the current owner during the renovation, so the person I am loaning to won't own the property until the day before it is re-sold.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 5, 2019

NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner
Frank J. Steiner
answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Business Formation for Tennessee on
Q: Can i get a mortgage from a bank in P.R to buy a home alone without my husband? We are separated.

I was told by a broker that I have to get a mortgage with my husband even though we are separated.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 5, 2019

That is not a legal issue. If the lender requires both spouses to sign a note and deed of trust, then that is their requirement. You may find another lender not requiring both spouses to sign. Potential homestead

rights of a surviving spouse are inconsequential.

1 Answer | Asked in Business Formation and Car Accidents for Tennessee on
Q: How long does a towing company have to hold your car before they can sale it
Peter N. Munsing
Peter N. Munsing
answered on Apr 19, 2019

For starters look at the paperwork they gave you. Big problem is the storage charges which they can still rack up. At $30 or more a day most companies will keep the wrecks as potential money makers.

1 Answer | Asked in Contracts and Business Formation for Tennessee on
Q: I’m in Tennessee and opened up a med spa with an Md . The Md is now saying I cannot be an owner because I’m not an md
Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 18, 2019

There is a medical spa law in Tennessee.

Go to:

https://www.tn.gov/health/health-program-areas/health-professional-boards/medical-spa-registry.html

You can also call.

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Business Formation for Tennessee on
Q: Hi, I'm looking for a specific statutes outlining the legalities of starting a boxing club in TN. Thank you

So I became aware of a group that wants to start a fighting Club Boxing Club. I'm not sure that it is legal the way they want to do it. They just want to rent a space and start boxing/fighting in it. I'm looking for specific statutes that outline the legalities and specific requirements... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 18, 2019

I suggest you contact the Tennessee Athletic Commission.

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