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1 Answer | Asked in Business Law for California on
Q: Does my C Corp need to foreign qualify outside of DE?

I am the sole member of a DE C Corp that develops and sells subscription software products. For the past few years, I have lived and worked in CA, so I foreign qualified there but am unsure if that was necessary. Now, I am moving up to WA and would like to formally exit CA. Do I need to foreign... View More

James L. Arrasmith
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answered on Apr 9, 2024

As a Delaware C Corporation, your company is considered "domestic" in Delaware and "foreign" in all other states. Whether you need to foreign qualify in another state depends on the level of business activity your company conducts in that state. This is often referred to as... View More

2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a notary in CA form a LLC
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answered on Apr 9, 2024

Yes, a notary public in California can form an LLC (Limited Liability Company). However, they would be doing so in their capacity as an individual, not in their official role as a notary public.

In California, any individual can form an LLC by following these steps:

1. Choose a name...
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1 Answer | Asked in Business Law and Tax Law for Washington on
Q: A Law that Employers of a 1099 IC, must give the IC access to all tax related info, including mileage information?

I need certain address from Rover to complete my records for my mileage on taxes. Rover closed my inbox so I can not see the corresponded clients with address to complete my mileage record. Is there any law that says Rover has to give me all the available info for me to complete an accurate tax... View More

James L. Arrasmith
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answered on Apr 8, 2024

As an independent contractor (1099), you are responsible for keeping accurate records of your business expenses, including mileage driven for business purposes. While there is no specific law that requires companies like Rover to provide you with all the necessary information for your tax filing,... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Wyoming on
Q: Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad?

Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad? To be clear, I am considering opening an LLC in Wyoming from abroad (Poland) as a non-resident. When I do it, I will provide bookkeeping services for US-based businesses (small... View More

James L. Arrasmith
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answered on Apr 8, 2024

As a non-resident owner of a U.S. LLC operating from abroad, you generally do not need a visa or work permit to provide services remotely to U.S. clients. However, there are several important considerations:

1. Taxation: As an LLC owner, you will be subject to U.S. tax obligations on your...
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1 Answer | Asked in Contracts, Business Law and Internet Law for Minnesota on
Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

James L. Arrasmith
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answered on Apr 5, 2024

In California, there is no statewide rent control for commercial properties, which means that landlords can generally increase rent as much as they want when a lease expires or if the lease allows for rent increases. However, there are a few important considerations:

1. Lease terms: If your...
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2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

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1 Answer | Asked in Business Law for California on
Q: Small Business status not claimed on a DoT CalTrans bid proposal.

The low bidder forgot (?) to 'claim' SBE status on electronic bid submittal, but is a certified SBE. The bid amount difference between 1st and 2nd is only $848 on a $2,4Mill bid. Second bidder ('I') claimed and is a certified SBE. Can 1st place bidder still claim SBE status after the fact?

James L. Arrasmith
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answered on Apr 5, 2024

Under California law, the rules regarding Small Business Enterprise (SBE) status and bidding on Department of Transportation (CalTrans) projects can be complex. In general, if a bidder fails to claim SBE status at the time of submitting their bid, they may face challenges in claiming that status... View More

1 Answer | Asked in Business Law for North Carolina on
Q: In an S Corp, 50/50, losing money, only I believe the firm must stop operations and let go of employees. How do I remove

...remove myself from the liabilities incurred by the other party if he continues without my agreement, before the formal dissolution?

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answered on Apr 5, 2024

In a 50/50 S Corporation where you and your partner disagree on the future of the company, it's important to protect yourself from potential liabilities if your partner continues to operate the business without your agreement. Here are some steps you can take:

1. Consult with a...
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1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Business Formation, Business Law and Copyright on
Q: Do I need a license or partnership with Ludo studio to print Bluey on merchandise?

How can I legally print Bluely on my merchandise or any other cartoon?

James L. Arrasmith
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answered on Apr 3, 2024

To legally print Bluey or any other cartoon character on merchandise, you typically need to obtain a license from the copyright holder or their authorized licensing agent. In the case of Bluey, the intellectual property rights are held by Ludo Studio, BBC Studios, and Disney.

Here are the...
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1 Answer | Asked in Appeals / Appellate Law and Business Law for California on
Q: We are a pro per plaintiff. We prevailed in civil trial. After judgment FINALLY entered (defendant kept objecting to pro

proposed judgments) they filed for new trial. One base was newly discovered evidence. We had filed an unrelated suit against other party 3 months AFTER verdict on completely different grounds. Defendants claim this undercuts our credibility and shows our awarded damages are excessive since new suit... View More

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answered on Apr 3, 2024

Based on the information provided, it seems unlikely that the defendant's claim of newly discovered evidence would qualify as grounds for a new trial in California. Here's why:

1. Timing: The new evidence (your unrelated lawsuit) was filed three months after the verdict in the...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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1 Answer | Asked in Real Estate Law and Business Law for California on
Q: I own a condominium which is a rental property and managed by a property management company.

Does the rent received qualify as qualified business income? And is the rental of the property considered as a pass-through business?

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answered on Apr 1, 2024

The rental income from your condominium may qualify as Qualified Business Income (QBI) for federal tax purposes, and the rental property could be considered a pass-through business. However, there are some factors to consider:

1. Qualified Business Income (QBI): The rental income from your...
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1 Answer | Asked in Business Law and Landlord - Tenant for Washington on
Q: In WA state, can someone retain personal property after a lien sale auction?

This is regarding items stored at a self storage facility via lien sale auction, and the bid that was accepted was received, but the items have not yet been picked up after the auction. Also, is the facility owner obligated to provide the renter with an inventory list? And is th owner obligated, or... View More

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answered on Mar 31, 2024

In Washington state, the laws regarding self-storage facility lien sales are governed by the Washington Self-Service Storage Facilities Act (RCW 19.150). Here are some key points:

1. Retaining personal property: Once a lien sale auction has been conducted and a winning bid has been...
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1 Answer | Asked in Business Law and Landlord - Tenant for Arkansas on
Q: What does it mean if my landlord license has been revoked? I live in arkansas.
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answered on Mar 31, 2024

If your landlord's license has been revoked in Arkansas, it means that they no longer have the legal right to operate as a landlord in the state. This could happen for a variety of reasons, such as:

1. Failing to maintain the property in accordance with housing codes and regulations...
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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Q: My attorney is not being straight up with me and Im afraid he's gonna Run off leave me stuck

I need to make sure my attorney is doing his job because I don't get feed back like I should he gets mad when I email him too much tell me to stop contacting him that he will let me know when there's any updates on my case and whenever it's time for me to start looking for another lawyer

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to consult with local attorneys in your state, the general practice followed nationwide is that clients can dismiss their attorneys, and vice versa, an attorney can withdraw from... View More

2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
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answered on Mar 31, 2024

Under California law, you have a few options to try to recover the $10,000 owed to you for painting the house. Here are some steps you can take:

1. Send a demand letter: Write a formal letter to the person who owes you money, stating the amount owed, the reason for the debt, and a deadline...
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