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Business Formation Questions & Answers
3 Answers | Asked in Business Formation and Contracts for Texas on
Q: Yes, I was buying a business for someone and they would never give me a contract, dispite numerous requests , then when

I wasn’t able to make a payment for the month he changed the locks to the shop without any verbal or written warning locking me out of the shop. All my personal belongings where inside and was not able to retrieve them. I had material belonging to customers inside and have gotten completely shut... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2023

This is a matter of contract law and should be consulted with an attorney admitted to practice law in Texas.

Generally, a contract is a promise or set of promises for breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty. Oral...
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1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: If I am the sole member manager of a Wyoming LLC, is it allowable for me to work in Texas as a remote employee of LLC?
John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Yes. Being the sole member manager of a Wyoming LLC does not automatically preclude you from working for another LLC as a remote employee. Many people have their own LLCs for side gigs while working a full- or part-time job for another company.

Just remember to register your Wyoming LLC...
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1 Answer | Asked in Immigration Law, Business Formation and Business Law for California on
Q: Can someone on F-1 OPT own a business?

Let's say that someone is currently on an F-1 visa and working on Optional Practical Training (OPT) at some company and the job position is directly related to their study. Now alongside that employment, they want to own a business, which is not related to my formal education. The intention is... View More

James L. Arrasmith
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answered on Jun 3, 2023

Yes, someone on an F-1 visa can own a business, but there are some restrictions.

Under F-1 visa, international students are not allowed to work in the US unless they have authorization. Optional Practical Training (OPT) is a type of employment authorization that allows F-1 students to work...
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2 Answers | Asked in Business Formation and Business Law on
Q: Business operating agreement

If an LLC company is formed between two partners/members with 10/90% shares. Can an operating agreement change these shares to 49/51%. The goal is to acquire a franchise business. The franchisor is asking that the operating partner must hold more than 51% of the company shares, while my partner... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, this can and does happen. There are some mechanisms through which you can amend these percentages. You also need to consider if the business is generating any revenue/what assets it owns to avoid any unintended tax consequences. Please reach out if you would like to discuss further.

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2 Answers | Asked in Business Formation and Business Law for New York on
Q: Me and 4 other friends staring a company so while filling the form (newyork taxation and finance) - one of our friends

Live in India.. do we need to add his info as well or not required (part 5 of the form) because they are requesting SsN n address etc! But he doesn’t have any n is it mandatory to even add his info

The form is LLC/LLP request for information

We just established a company and we... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jun 1, 2023

Greetings. It appears you would like to know whether you need to include certain information on a document involved in a corporate formation. Whether you do or do not depends on the form and what the form is for. Your inquiry does not sufficiently specify the form and the purpose of the form... View More

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2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2023

It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... View More

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: I'm looking to start non-profit and need help with my 501c3
Tim Akpinar
Tim Akpinar
answered on May 28, 2023

Your question might continue to be overlooked under the "Trademark" heading, which is more about intellectual property rights involving brand names and related issues. You could repost under "Business Formation" and "Business Law." But because your question appears to... View More

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Maryland on
Q: I am a new real estate agent serving Maryland. Is the use of the word “Realty” prohibited in my business name?

I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.

As advised I’ve created an LLC (Carla Clemente Realty)... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 26, 2023

Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.

You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut...
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1 Answer | Asked in Business Formation for New York on
Q: when opening a 2nd business, should you open a separate LLC or have it operate under original S corporation
Jack Mevorach
Jack Mevorach
answered on May 23, 2023

Generally, you're better off with a separate entity. Thereafter, keep things separate. Don't comingle.

Jack

1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... View More

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... View More

1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... View More

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... View More

1 Answer | Asked in Business Formation and Business Law on
Q: Good afternoon. What law regulates the procedure for registering an LLC?

And also, what law regulates the procedure for maintaining the register of LLC? How can I establish the current status of an LLC based on any official registry in the Washington DC?

John Michael Frick
John Michael Frick
answered on May 19, 2023

Each state has its own laws regulating when a domestic or foreign entity is required to register in order to do business in that state.

1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for California on
Q: Hello, I'm looking to start an adult entertainment buisness/ studio.

Hello,

I'm looking to start the above buisness and want to know;

1. How to start it and run it in CA.

2. How to make a consent contract for it.

James L. Arrasmith
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answered on May 11, 2023

Here are some general points to consider:

Business Formation and Licensing:

a. Choose a business structure: Determine the most suitable legal structure for your business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with an attorney or business advisor to...
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1 Answer | Asked in Business Formation, Business Law, Contracts and Education Law for California on
Q: If education therapy as a profession is not regulated in California, why are university extension programs in business?

Students who are awarded a certificate of completion in ED Therapy, believe that they are qualified to address a student’s social emotional needs. They also promote themselves as being capable of performing educational evaluations. They charge exorbitant fees knowing full well that the... View More

James L. Arrasmith
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answered on May 9, 2023

Hi there!

In California, education therapy is not a licensed or regulated profession, meaning that there is no official body or government agency responsible for overseeing the education therapy industry. This lack of regulation can create confusion and uncertainty for individuals seeking...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Local Tax Exempt Organization - how should a Board of Directors be constructed? Worried about losing control of entity.

Local Tax Exempt Organization IRS 501(c)(3) - how should a Board of Directors be constructed? I am worried about losing control of entity. What defensive measures can be instituted to prevent loss of voting control? I am the founder of the entity. This will be a big entity someday- tremendous... View More

Matthew Morris
Matthew Morris
answered on May 2, 2023

You ask a question that many founders of nonprofits ask. And lawyers who work with nonprofits inevitably deal with the situation that you fear: a board of directors who develop a different view of the direction to take the organization than the founder's view, resulting in strife and board... View More

2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
Will Blackton
answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Hello, I’m currently under OPT working for an American company. Can I still create an LLC for my side business?
James L. Arrasmith
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answered on Apr 27, 2023

As an OPT holder, you are permitted to engage in certain types of employment, including self-employment, as long as the work is directly related to your field of study and you are authorized for the OPT. Therefore, you may be able to create an LLC for your side business while on OPT, as long as the... View More

1 Answer | Asked in Business Formation and Business Law for Washington on
Q: I have a sole proprietorship business but would be safer to have an LLC for liability reasons?

I have a sole proprietorship plumbing business but have been told by other business owners lately that I should have gone with an LLC. I am fully insured, bonded, and licensed but I want to make sure that will protect my personal assets if something does happen one day. I have been researching how... View More

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

An LLC can certainly provide an additional level of protection for your personal assets, when properly set up and properly run. But, as you pointed out, you would likely need to open a new bank account and set up your license, insurance, bond, etc to reflect the LLC. Some of those things you might... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: I was planning to self publish a book and have a publishing company with a DBA. My plan was to publish under a pen name

I was planning to self publish a book and have a publishing company with a DBA. For the author name, I would be using a pen name.

I have seen conflicting information on if an LLC would help protect personal assets for self-published authors. It sounds like both the LLC and author both could... View More

James L. Arrasmith
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answered on Apr 24, 2023

As a self-published author using a pen name and a publishing company with a DBA, it's natural to be concerned about potential legal liabilities and asset protection. While forming an LLC can offer certain legal protections for businesses, it's important to understand that an LLC may not... View More

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