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Business Formation Questions & Answers
1 Answer | Asked in Business Formation for New Jersey on
Q: where can I get the secretary of the state short or long form in new jersey, online
Leonard R. Boyer
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answered on Jul 3, 2023

Your question is not clear. To form a business in New Jersey you need to retain an experienced business formation attorney. The attorney will enable you to have the right corporate entity and the appropriate legal documents must be custom drafted. If you use some template-based service like Legal... View More

1 Answer | Asked in Business Formation and Real Estate Law for Florida on
Q: If I change my mind abt the move before my move in date, after paid and assigned the lease can I bring my deposit back?

I assigned the lease agreement and already paid my deposit, but had an emergency and I can’t move anymore. Can I bring my deposit back? I don’t move in yet I just paid and assigned the lease.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

No, Normally you can't get a refund of your deposit. You signed the lease and paid the deposit; the deposit is for the purpose of protecting the landlord if you change your mind.

1 Answer | Asked in Business Formation for Georgia on
Q: in a limited partnership, can an llc be a general partner
Glenn M. Lyon
Glenn M. Lyon
answered on Jun 29, 2023

Yes, and that is often the case for liability protection for general partners.

1 Answer | Asked in Contracts, Business Formation and Business Law for Michigan on
Q: Can I get sued at 15 for money?

I have got into a problem I’m 15 and I had a sweet 15 and hired a choreographer that went to my school who is like a year older then me and we both agreed to pay him 250 but I had to cancel the whole dance because I sprained my foot and couldn’t dance and we barely had like five practices and I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 29, 2023

Yes, but you should raise a defense that you are a minor (unemancipated, I assume) and cannot be held legally responsible for a debt that is not for a necessity.

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Land Use & Zoning for Tennessee on
Q: Can my real estate partner sell the property which we built and I operate my small business on? What are my rights and

Options for keeping my portion of the land that my business is located? If we cannot agree to subdivide the majority of the entire property into lots for resale, with him getting reimbursed for all of his expenses prior to me drawing any shares from the sale, will the property be ordered... View More

Anthony M. Avery
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answered on Jun 27, 2023

Consult with an attorney to either work out your differences, or dissolve the partnership/sue for partition of real property.

1 Answer | Asked in Business Formation for Tennessee on
Q: I want to form a LLC for a low budget horror movie. Management Structure and articles of organization. Not sure.

I am not sure what to put for the management structure and the articles of organization. I will be the producer, writer and director making all creative decisions on the project, but a unit production manager will be running the set. Thanks for your help.

Anthony M. Avery
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answered on Jun 27, 2023

It should probably be Member Managed if you are the only Member. You will need Articles of Organization saying this, and it is best to have an Operating Agreement to define the Manager's powers. Hire an attorney to draft and set this up with the State.

2 Answers | Asked in Business Law and Business Formation for New York on
Q: Hello,Volunteers are painting a mural- raising money, and need liability insurance. What type of entity should we be?

A small group of community volunteers have been given permission to paint a mural in the community. The building belongs to a local business and they need us to have some type of liability insurance. To get the insurance (and to smooth out the non profit fundraising), we think we need to be some... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

It could be difficult for anyone here to know what kind of insurance coverage is best, based on the type of business entity you contemplate going with. That's something an insurance agent may be better equipped to advise on. One option might be to reach out to insurance agents to explore... View More

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1 Answer | Asked in Business Formation and Business Law for Washington on
Q: Is it legally sound to name my business KAGED BY KORTNIE when I know KAGED MUSCLE is currently trademarked?

What are the legal parameters around this?

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

You could repost your question and add "Trademarks" as a category. That's probably why it remained open for two weeks. Some questions go unanswered, but you could have better chances of a response with the added heading. Good luck

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for California on
Q: What happens to a personally guaranteed EIDL loan from a partnership if that business converts to a multi-member LLC?

My friend has a business with his girlfriend (it's registered as a partnership) and they also have a personally guaranteed EIDL loan. Him and I and my wife (not his girlfriend) are going to create a multi member LLC using the same name (with the LLC on the end). I just wanted to know if my... View More

James L. Arrasmith
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answered on Jun 22, 2023

It's typically advisable for your friend and his girlfriend to inform the Small Business Administration (SBA) about their business structure change from a partnership to a multi-member LLC. They can contact the SBA to get specific guidance on how to handle their personally guaranteed Economic... View More

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I'm looking to formulate a sports business holdings company. Should I just open up in NJ or is it a benefit in Delaware?
Morris Leo Greb
Morris Leo Greb
answered on Jun 22, 2023

First speak to your accountant as to the organic tax implications, the retain the services of a mukti state law firm who can best address these issues.

1 Answer | Asked in Copyright, Business Formation and Business Law for New York on
Q: What process would I have to go through to get permission to use Miller logo on some of my clothing brand designs?
Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.

1 Answer | Asked in Copyright and Business Formation for Georgia on
Q: May I have help branding a few names for my companies and businesses.

I have a few businesses I have committed to and I am looking to brand them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 19, 2023

Consult an experienced trademark attorney, to conduct a careful search to assure the marks are not confusingly similar to others in use, to advise how they should be used, and to prosecute the applications to register with the USPTO.

1 Answer | Asked in Business Formation and Business Law on
Q: I want to name my braiding business. Thebraidybunchja . Do you think I would get in trouble for copy right in this case
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

You may want to repost this under Copyright, Trademark, and Intellectual Property. Those categories would be closer to the issues you raise, and you'd have better chances of a response there. Good luck

1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark for North Carolina on
Q: I set up a blog about medicine and supplements. And I want to know if the name will get me in trouble. Doham.org

The name I selected is Department of health and medicine. In the about us section of the website, I have a disclaimer, saying that we are not a government organization. I am not making money from this website yet, but I plan to in the future. The LLC name is completely different so I will be DBA... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Based on the information you provided, there is certainly a possibility that you could run into issues with that name. The best way to avoid receiving a cease and desist letter is to perform a comprehensive clearance search of the name before putting it in use. A proper search will reveal any... View More

1 Answer | Asked in Business Formation for Michigan on
Q: Hello, I wanted to get information on legal issues I may encounter with starting a nude/topless maid service in 49048.

I believe there may be zoning issues I may encounter.

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

Lots of risk...the cost to mitigate the risks may make it hard to turn a profit.

Let's start with business licensing / regulation. Going from house-to-house may mean you need to check multiple jurisdictions to ensure you are operating legitimately. If you have two clients on either...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: If I have an existing llc with a partner me being primary owner & create a new with similar name different state. Legal?

I had an old llc with a partner no operating agreement no trademark & am 60% owner. I decided I no longer wanted to work with the partner. I tried giving her options and she wouldn’t pick so I couldn’t work & decided to create a new llc similar name difference state and trademarked it. Is that okay?

Robert Kane
Robert Kane
answered on Jun 12, 2023

As I am sure you expect, it's unlikely an attorney will say you have absolutely nothing to worry about based limited information on a free online Q and A. There are many scenarios that would support a viable claim against you. I am confident you have options, but forming a similar business in... View More

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1 Answer | Asked in Contracts, Business Formation and Business Law for Texas on
Q: Fired from a partnership, can I get compensated?

I came to a partnership with someone 50/50. However, before my shares became vested (at a one year mark) I was fired and my partner indicated that he was voiding the agreement. Nonetheless, he is keeping the software and all the work that I put in. My question is whether if I have any right to... View More

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Your rights and obligations will depend heavily on the wording of the partnership agreement, along with any other written communications discussing the agreement since you say the agreement itself is vague. You should schedule a consultation with a business litigation attorney in or near the... View More

1 Answer | Asked in Business Formation for Tennessee on
Q: A C corporation formed in WA State has one employee in TN State who works remotely from his home. The business has

purchased some investment properties in TN. These are single family homes that are never rented. They are purchased, held for less than a year and then sold after some repairs. The properties are all bought and sold through independent real estate agents. Does the business need to register as a... View More

Anthony M. Avery
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answered on Jun 12, 2023

I would recommend registering with the Secretary of State. At some point the corporation will need to sue someone, and then it will be important that standing issues are not existent. If title or lien problems come up, it will also help that the corporation has a legal presence here.

1 Answer | Asked in Business Formation and Business Law for Rhode Island on
Q: What advice do you have for partnering with someone in building a new company?... Like two of you owns the company
John Michael Frick
John Michael Frick
answered on Jun 11, 2023

In many instances, limited liability companies are a good form of business organization for a small business with two owners. Remember to include an easy quick way to resolve any disagreement between the two owners in the company agreement. Remember to elect to be taxed as a sub chapter S... View More

1 Answer | Asked in Business Formation for Tennessee on
Q: I changing to a s corporation can I put my sole proprietorship under the new s corporation I live in Chattanooga Tenness
Anthony M. Avery
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answered on Jun 8, 2023

Obviously you can... But you need an attorney's advice first. S Corporations require monthly profit/loss determinations, so you will probably be paying alot for accountants. An LLC or a regular C Corporation might work better. Have the attorney so advise as to all options first, before... View More

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