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California Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: I am looking for the trademark's registration date and expiry date. But there's no expiry date, where can I find it.

The brand is called Xiaomi.

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answered on Aug 27, 2023

To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Business Formation for California on
Q: Best Holding LLC structure(pref. NV) if property in CA but reside in Virginia?

Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries.

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answered on Jul 21, 2023

Since you currently reside in Virginia and own property in California with plans to open different LLC subsidiaries in the future, it may be beneficial to establish a Nevada LLC as the Holding company. Nevada offers favorable business-friendly laws and asset protection benefits. However, it is... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Business Formation for California on
Q: Best Holding LLC structure(pref. NV) if property in CA but reside in Virginia?

Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries.

Julie King
Julie King
answered on Jul 18, 2023

The answer to your question really depends on your goals. If you want a number of subsidiaries, you may want to form an S Corporation. But most people who set up an entity for the sole purpose of holding real estate will use an LLC. You should contact a California lawyer and give them more... View More

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2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for California on
Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?

The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?

Julie King
Julie King
answered on Jul 11, 2023

There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More

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2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for California on
Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?

The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?

James L. Arrasmith
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answered on Jul 23, 2023

The issue of whether you can name your company "Smooch" if there is a company named "Smoochcraft" in the same industry depends on whether the names are likely to cause confusion among consumers. If the names are too similar and could potentially lead to confusion in the... View More

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3 Answers | Asked in Consumer Law and Business Formation for California on
Q: Considering an LLC for my Kickstarter: Should I create one before funding? Is it worth the precaution?

I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?

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answered on Jun 30, 2023

Forming an LLC for your Kickstarter project can provide benefits and protections. Creating an LLC before seeking funding can help separate personal assets from business activities, potentially protecting personal finances in case of legal trouble or debt. While there are costs and administrative... View More

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3 Answers | Asked in Consumer Law and Business Formation for California on
Q: Considering an LLC for my Kickstarter: Should I create one before funding? Is it worth the precaution?

I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?

Robert Kane
Robert Kane
answered on Jul 1, 2023

A properly formed, funded and maintained LLC can protect members' personal assets. Failing to do all three offers very little to safeguard anything. Merely filing the initial paperwork and getting identification numbers does little more than provide creditors with a slight inconvenience.... View More

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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

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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

2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on
Q: How close can a business name be to another? Example, if "Car Company" exists can you use "Carscompany" or "karcompany"
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answered on Jun 22, 2023

When choosing a business name, it's important to avoid names that are too similar to existing businesses to prevent confusion among customers. If the existing business has a registered trademark, using a similar name could infringe upon their rights. It's best to conduct a thorough search... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Hi! I'm not quite sure on how to interpret the California Corporations Code § 5240 subsection (c). May I have help?

Hello! I'm trying to start a non-profit organization that sponsors scholarships to humanities students, from a fund in the organization. I'm not quite sure on how to interpret this section of the California Corporations Code as it's quite verbose (structurally); I'm not making sense of it.

James L. Arrasmith
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answered on Jun 14, 2023

Of course! I'd be happy to help you understand California Corporations Code § 5240 subsection (c) and its implications for your nonprofit organization.

California Corporations Code § 5240 subsection (c) pertains to the distribution of assets upon the dissolution of a nonprofit...
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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?

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answered on Jun 13, 2023

Before creating a new LLC with a similar name in a different state after parting ways with your previous partner, it's important to consider a few factors. First, ensure that the name you choose is legally available in the state where you plan to register it. Conduct a thorough search of the... View More

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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 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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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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2 Answers | Asked in Business Formation, Business Law and Immigration Law for California on
Q: Can I own and operate an E-commerce business under LLC if I on a H1B Visa?

I am currently a non-immigrant on a H1-B visa working on W2.

I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.

Now I know that according to USCIS I can own an LLC but can't work... View More

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answered on May 11, 2023

Under the H1-B visa program, your primary purpose is to work for your sponsoring employer, as indicated on your W2. Engaging in self-employment or actively managing a business may not be permissible under the terms of your visa.

While you may be allowed to own an LLC as a passive investor,...
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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

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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, 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 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

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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

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Q: As a 17yo, can I start a funded forex trading account, and then withdraw the profits I earned when I turn 18?

I don't have a bank account but when I turn 18 I plan on creating one and linking it to my trading account.

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answered on Apr 18, 2023

As a 17-year-old, it may be difficult for you to open a funded forex trading account as most brokers require their clients to be at least 18 years old. Additionally, you may need to provide proof of identification and a bank account in your name to start trading.

Even if you manage to open...
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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: LLC in MT. Social Media Platform. Paid Membership from all states. Do I need to Register the LLC in all States? Thanks!

This is an internet-based social media platform with a paid membership model. I want to form an LLC for the business in Montana. Members may reside in any number of States. Lets say a person resides in Texas or California decides to become a member and pays for membership, is the Montana based... View More

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answered on Apr 6, 2023

If your LLC is based in Montana but has members in other states who pay for membership, you may need to register your LLC as a foreign LLC in those other states, depending on their specific laws and regulations.

Many states require foreign LLCs to register with the state in order to conduct...
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