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Business Formation Questions & Answers
3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

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1 Answer | Asked in Business Formation, Business Law, Copyright and Gaming for Maryland on
Q: Can you re-sell custom painted video game controllers as a legal business?
Mark Oakley
Mark Oakley answered on Feb 17, 2021

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... Read more »

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: If I wanted to use pura vida yoga for my business name, is that okay?

I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.

Ina Shtukar
Ina Shtukar answered on Feb 15, 2021

I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.

1 Answer | Asked in Business Formation for New Jersey on
Q: I own a registered ecommerence businesses in a split level home , My neighbor is coping me what can we do

I have a legal EIN and registered business with state and federal , what ever i do they copy to the excat measures i do I am not sure if they are legal or not

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2021

Your situation is something that will require an in person document review and more facts, which will be beyond what most attorneys would include in a free consultation. Paying for an hour of an attorneys time will be a wise investment and you will know how to proceed. During this pandemic, you... Read more »

1 Answer | Asked in Business Formation for California on
Q: I am want to create a business and register the name, but the name already exists and it's also registered.
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Then you probably cannot use that name without licensing it from the owner. Contact an intellectual property attorney in your area.

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1 Answer | Asked in Consumer Law, Business Formation and Trademark on
Q: Hi...I am looking to register a brand name which shows cancelled 710 - section 8 on the portal. Pls advise
Evelyn Suero
Evelyn Suero answered on Feb 5, 2021

Generally, a cancelled trademark based on Section 8 typically occurs when the owner fails to file the required declaration, however the trademark may still be in use by the original owner or some other business. Consult with a trademark attorney for advice on your specific trademark.

2 Answers | Asked in Business Formation and Business Law for Nevada on
Q: Hello - I'm trying to find a document that states I have a DBA in Clark County - State of Nevada. Where should I look?

I've been using the name since I'm guessing 2013 or 2014.

Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on Feb 3, 2021

Hi There,

Here's a link to search for your DBA (aka FFN, Fictitious Firm Name), in Clark County, NV:

https://clerk.clarkcountynv.gov/AcclaimWeb/Fbn/SearchTypeFbnByName

Link to statutes:

https://www.leg.state.nv.us/nrs/NRS-602.html

Hope this helps point...
Read more »

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1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... Read more »

1 Answer | Asked in Banking and Business Formation for Maryland on
Q: Can a minor operate a bank account for a business?

I'm an 16 year old trying to start a non-profit. As a minor, am I allowed to operate the bank account for my non-profit?

Mark Oakley
Mark Oakley answered on Feb 1, 2021

Until you turn 18, you are deemed a minor without legal capacity to enter into binding enforceable contracts. That means no other parties will agree to do business with you if they know you are a minor. Banks require that you show photo ID and proof of age, so you cannot open an account solely in... Read more »

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... Read more »

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: Can I use the word muggle in my company name? I’m selling chocolates
Julie Fowler
Julie Fowler answered on Jan 25, 2021

If you hope to benefit off of the potential intellectual property of another, you may be opening the door to legal action. Whereas using the name "Southwest" when referring to a chocolate company might not give you an issue, referring to a new airline and using the term... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: My business was vandalized by another bussiness. I am suing for fraud.
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

Fraud would not be the appropriate cause of action based on these facts. However, there may be other causes of action including trespass. Please contact me to discuss further.

1 Answer | Asked in Business Formation for Maryland on
Q: What felonies would prevent me from getting an mhic license in Maryland

I have a past felony conviction of transportation of a hand gun stemming back from over 10 years ago. Does that prevent me from being able to get a Maryland mhic license

Mark Oakley
Mark Oakley answered on Jan 21, 2021

There is no list of disqualifying convictions. Rather, the applicant's specific circumstances, nature of the crime, age of the conviction, etc., are all considered to determine if the applicant meets the good "character" requirement. Here is the explanation given on the MHIC... Read more »

1 Answer | Asked in Business Formation for California on
Q: How can I get My Trade Mark up to date what do I need to do ? I didn't follow up on an office action letter

I paid in full for my trade mark for my company We Handle It Handyman Services LLC

Robert Philip Cogan
Robert Philip Cogan answered on Jan 18, 2021

It is possible that your best course of action is to consult an intellectual property attorney. Your question appears to indicate that you are not familiar with trademark procedures. Most people are not. There are many ways to go wrong. You want to be sure it is done right.

2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... Read more »

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1 Answer | Asked in Contracts, Business Formation, Civil Rights and Lemon Law for California on
Q: Need some legal assistance

I need some legal assistance so I purchased my car from , hired a guy to call me and trick me into taking my vehicle in for a smog check . So next I was left stranded and also did not give me or the dealer any notice of the vehicles personal belongings . Which by the way where removed by an... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You should contact your local police department (where the dealer was/is) and make a report that your car was stolen by these people. More than anything, though, you need a lawyer to help you. You can go to the Los Angeles County Bar Association's website (LACBA.com) and click on the... Read more »

1 Answer | Asked in Business Formation for Maryland on
Q: Do members have to be listed in Maryland articles of organization for an llc?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 15, 2021

No.

Maryland law does not require any identification of owners in the Articles. However, other important formation paperwork should identify the owning members, including the Operating Agreement and ideally Membership Certificates.

While not legal advice I hope that this general...
Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: If I have an LLC with DBAs set up under it, do my social media and online profiles need to match DBA name exactly?

If I'm a freelancer that does business on sites like Fiverr and Upwork, do my screen/profile names need to exactly match my DBA name?

From what I've read about LLCs, everything says you must make it clear you're operating as a business/LLC. So, in this case, if I have set up... Read more »

Julie King
Julie King answered on Jan 15, 2021

I believe you are asking if your web address and user names need to match your business' name. If so, the answer is no. BUT, you are correct when you say you must make it clear that you are operating as a limited liability company, so your footer, signature, and other public information should... Read more »

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