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Utah Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
Wesley Winsor answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 29, 2019

Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly...
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1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on
Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

I am sorry, I do not understand your question. Please explain more.

Wes

1 Answer | Asked in Business Formation for Utah on
Q: I have a simple business question:

I live in the state of Utah. My father owns an online store called the root beer store. My mother made him close is 5 locations and only operate online. I wish to open up a location and add pizza. With my OWN LLC, insurance, lease agreement, website, etc... everything separate I would like to call... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Hi,

Sounds like a great place to eat. If the only thing you share is the recipe for the rootbeer, your father has nothing to worry about.

I would imagine that you will want to capitalize on some of the brand awareness that your father has. I would set up a licensing agreement...
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1 Answer | Asked in Real Estate Law and Business Formation for Utah on
Q: When starting a Real Estate business involving flipping houses will an LLC do, or should we look into an S Corp? Thanks

We are looking for the best asset protection vehicle for this venture. Thank you.

Wesley Winsor
Wesley Winsor answered on Dec 29, 2017

First off, the big difference between LLC's and S Corps are the way that they are taxed and the formalities that have to be observed. They both offer the same liability protection. Some attorneys may argue that LLC's are relatively new and because they are relatively new, the body of... Read more »

1 Answer | Asked in Business Formation for Utah on
Q: I'm a sole proprietorship and registered my DBA. I sell pottery online. Where do I file for a sales and use number?

I have no employees and work out of my house.

Wesley Winsor
Wesley Winsor answered on Nov 1, 2017

Here is some information:

http://tax.utah.gov/sales

1 Answer | Asked in Business Formation for Utah on
Q: if i already registered as a DBA do I still need to register with the state and get a tax #.

I just registered with the county for a business license and I have an IRS tax ID now

Wesley Winsor
Wesley Winsor answered on Nov 1, 2017

If you registered a DBA you probably registered the DBA with the state. I don't know where else you would have registered. If your company is a sole proprietorship, then you don't need to another EIN you will use your social security number and just fill out a schedule C with your 1040.... Read more »

1 Answer | Asked in Business Formation for Utah on
Q: Is it ever a good idea to create an LLC if multiple family members want to purchase property and build on it (we don't

necessarily want to form a business)?

Wesley Winsor
Wesley Winsor answered on May 9, 2017

An LLC is good for liability protection. If you feel like it is too much risk when there are several owners and their guests on your property, then it would be a good idea to create an LLC. This would limit your exposure to the assets of the business.

A second reason you might want to...
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1 Answer | Asked in Business Formation for Utah on
Q: I would like to start a business for back scratching in Utah. Do I need any special lisencing?
Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

Is this an April Fool's joke? Probably, but I will play along. As long as you are trying to be a chiropractor or market that your services are medical services then you probably won't need anything except for a normal state business license and one for your city if it requires one.

1 Answer | Asked in Business Formation for Utah on
Q: I am looking to start a business to bring boardgames only available in Europe to the North American market.

I plan to do this through acquiring exclusive distribution rights with European gaming companies. What kind of lawyer should I be looking for? Any help would be greatly appreciated. Thanks!

Adam Studnicki
Adam Studnicki answered on Feb 6, 2016

A business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
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