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Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Contracts on
Q: We are a corporate law firm based in Dubai, UAE. Looking for a corporate lawyer in US to help us with contract drafting.

please let me know if you are interested.

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2023

If you're seeking an attorney, you would need to reach out to law firms. This isn't a law firm; it's a Q & A forum. You could search for attorneys on your own, use the "Find a Lawyer" tab above, or look into the referral services of local and state bar associations.... View More

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 Business Law for Texas on
Q: Must a Delaware private nonprofit foundation register in the states it wants to donate to nonprofits and individuals?

I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three... View More

Diren Wickrema Singhe
Diren Wickrema Singhe
answered on Oct 24, 2023

Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas.

First, it is important to consider...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Louisiana on
Q: Old company under my name I need to clean my name

I use to work for company they asked me to open company under my name I agreed to help but later after months they said they closed the company but after that I was getting mail about toll fees and I got mail from irs say I owe money I moved from my address so I can’t get no more mail I don’t... View More

Samuel  Landis
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answered on Oct 22, 2023

This is a difficult situation. You will need to actively prove to the IRS that you should not be responsible for the taxes due. Hopefully, there is time to file an appeal. If not, there are other ways to remove the liability.

1 Answer | Asked in Contracts, Employment Law, Immigration Law, Business Formation and Tax Law on
Q: Good morning, I have an LLC company, I want to know if I can hire myself and thus process an ITIN code, I live in Spain,

Good morning, I have an LLC company, I want to know if I can hire myself and thus process an ITIN code, I live in Spain, but I manage the company from here through my registrar agent. Is it possible to do what I propose? Thank you.

James L. Arrasmith
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answered on Oct 22, 2023

An LLC in the U.S. can have foreign owners, and those owners can manage the business from abroad. If you are a foreign individual who needs to comply with U.S. tax return filing requirements, you may apply for an Individual Taxpayer Identification Number (ITIN). However, merely hiring oneself in an... View More

1 Answer | Asked in Business Formation, Divorce and Family Law for Texas on
Q: I am getting a divorce in Texas & everything is signed. It goes final 11-13 & I want to start a business (start LLC).

I got laid off 2 weeks ago....I want to start a business (several months away from soliciting businesses) but I want to set up the infrastructure (form LLC, build website, etc.). Can I start on this while we wait for it to go final? I have a lot of time while I'm looking for a job, I'm a... View More

LeDouglas Genator Johnson
LeDouglas Genator Johnson
answered on Oct 19, 2023

Yes, you can begin the process of establishing an LLC during the final stages of your divorce, as long as these actions do not result in changes that establish ownership rights or confirm the existence of the LLC before the divorce is officially finalized. However, there are a couple of important... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Is it legal to dissolve an LLC in New York and reform it in Texas?

In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved.

I have recently moved to Texas, and I am interested in reforming my... View More

Sul Lee
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answered on Oct 19, 2023

Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Do I need to register my small business as a sole proprietorship if it has my legal first name in the name?

My name is Janina G., my small business name is ‘janinasdiycrafts’. I currently sell handmade goods as a hobby, I haven’t made enough money to register it as a business. (Still in the hobby tax bracket) my questions is do I need to register it as a sole proprietorship in Florida since it’s... View More

Keith Kanouse
Keith Kanouse
answered on Oct 17, 2023

There is no registration with the Florida Secretary of State's Office for a sole proprietorship. However, since you are doing business other than your own name you need to comply with Florida's Fictious Name Statute.

In Florida, Section 865.09 of the Florida Statutes requires the...
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1 Answer | Asked in Business Formation for New Hampshire on
Q: Does a person who is DBA as C-corp enjoy the liability protection of the C-corp?

If we create a C-corp business, e.g. ABC Widgets, Inc but then create a DBA in a person's name, e.g. Jane Doe, DBA ABC Widgets, Inc, does Jane Doe also benefit from the liability protection of ABC Widgets, Inc? Would Jane incur any personal liability from this type of business structure?

T. Augustus Claus
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answered on Oct 16, 2023

No, a person who is a DBA as a C-corp does not enjoy the liability protection of the C-corp. A DBA is simply a fictitious name that a business can use to operate under. It does not create a separate legal entity from the owner of the business. In the case of your example, if Jane Doe creates a... View More

2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.

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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 14, 2023

If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: Is there a deadline or timeframe to file an Amended Certificate of Incorporation for a Non Profit in New York State
Damien Matthew Bosco
Damien Matthew Bosco
answered on Oct 12, 2023

There is no deadline to file an amendment.

A not-for-profit corporation may amend its Certificate of Incorporation from time to time by filing a Certificate of Amendment under Section 803 of the Not-for-Profit Corporation Law.

The document may contain any of the information that may...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Is it considered tax evasion to form an LLC for an online business in any state using a virtual mailbox address?
James L. Arrasmith
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answered on Oct 10, 2023

In California, merely forming an LLC for an online business using a virtual mailbox address is not, in itself, tax evasion. However, if one uses this setup to intentionally misrepresent their business operations, earnings, or other pertinent financial information to avoid paying taxes, it could be... View More

1 Answer | Asked in Tax Law and Business Formation for California on
Q: I'm looking for a pro-bono Attorney who specializes in Corporation entity to help me with our pre-revenue biz project.

Need a Business Attorney to join our Board, sweat equity for now until we get to our Series A funding.

Current state. Registered Delaware C Corp

James L. Arrasmith
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answered on Oct 10, 2023

Finding a pro-bono attorney for corporate matters can be challenging, as many attorneys offer pro-bono services primarily for public interest or individual needs. However, you can consider reaching out to local bar associations in California, as they sometimes have programs or can make referrals... View More

1 Answer | Asked in Business Formation and Business Law for Nevada on
Q: How do I file for a sports handicapping business LLC in Nevada? What NAICS classification should I use?

I am looking to start a sports handicapping business. For a fee, customers can purchase a subscription and receive a report with the sports picks I believe have the best value against the Vegas odds. I will not be placing wagers for my customers, running any type of fund, or anything aside from... View More

T. Augustus Claus
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answered on Oct 5, 2023

In Nevada, to establish a sports handicapping LLC, you'd generally follow steps like selecting a unique LLC name, appointing a registered agent, and filing Articles of Organization with the state. For the NAICS code, consider "711510 - Independent Artists, Writers, and Performers".... View More

1 Answer | Asked in Tax Law and Business Formation for California on
Q: Is using a virtual address to form an LLC considered tax evasion if I don’t live in the state of the virtual address?

Is using a virtual mailbox address to form an online business considered tax evasion if it isn’t in the state where you live?

James L. Arrasmith
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answered on Sep 29, 2023

Using a virtual mailbox address to form an LLC in a state where you do not reside does not, by itself, constitute tax evasion. However, misrepresenting the primary place of business or not paying appropriate state taxes where the business operates can lead to tax liabilities and penalties.... View More

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What is the difference between an Entity Authorization and a Corporate Resolution?
T. Augustus Claus
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answered on Sep 28, 2023

In Indiana, an Entity Authorization is a general document that specifies who can act on behalf of any business entity. A Corporate Resolution is specific to corporations and records formal decisions made by the board of directors or shareholders. Both indicate who is authorized to make decisions... View More

1 Answer | Asked in Business Formation and Tax Law for California on
Q: Is using a virtual mailbox address for your business considered tax evasion if it’s not in the state where you live?

Can I use a virtual address when filing an LLC to establish my business legally?

James L. Arrasmith
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answered on Sep 28, 2023

Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws,... View More

1 Answer | Asked in Consumer Law, Banking and Business Formation for Georgia on
Q: How can a co-signer take ownership of a car as the owner on the title is in jail? Co-signer is making the payments
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

The jailed co-signer can sign a special power of attorney authorizing the free co-signer to transfer title into their name, subject to the lender’s approval.

1 Answer | Asked in Business Formation for Mississippi on
Q: What is the best business type for co-owners?

The co-owners are me and my husband. It is a small business that specializes in event planning and coordination.

T. Augustus Claus
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answered on Sep 22, 2023

In Mississippi, forming a Limited Liability Company (LLC) is often a preferred choice for small business co-owners like you and your husband who are engaged in event planning. An LLC provides the liability protection that a corporation offers, while maintaining the operational flexibility and... View More

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