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California Business Formation Questions & Answers
2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: When you do a dba to your incorporated business does it automatically become incorporated also?

We are General Contractor going into business starting a new company we will own 50% and adding it to contractors license as a dba

Shawn R. Jackson
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answered on Nov 19, 2024

The short answer to your "automatically become incorporated" is "no". The longer answer is a combination of ownership, your management agreement, your written agreement with homeowners for your "Home Improvement Contracts" ... and the CSLB issues ... you will want to... View More

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1 Answer | Asked in Immigration Law, Business Formation and Business Law for California on
Q: LLC Registration with a foreign Co-Founder

I am an Iranian citizen living in Iran, and I want to start a US-based LLC with my colleague, a US citizen who lives in California. I will work remotely as a marketing specialist, and all business activities will be with US clients only, with no connections to Iran.

My colleague would... View More

James L. Arrasmith
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answered on Nov 15, 2024

Due to current U.S. sanctions on Iran, forming an LLC with an Iranian citizen faces significant legal challenges. The Office of Foreign Assets Control (OFAC) maintains comprehensive restrictions on business dealings with Iran and Iranian nationals.

You would need to obtain specific...
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2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for California on
Q: do I need a license to practice law? If not, under equal protection, as PRIVATE COUNSEL, am i entitled to a free listing
William John Light
William John Light
answered on Nov 14, 2024

LOL. 1. Yes, you need a license to practice law. 2. Justia is a business. You aren't entitled to anything from it, whether you are an attorney or not. Extremely doubtful Justia will provide a listing to a non-attorney as that would lead to potentially significant liability for it in the... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can minor form LLC all by himself without needing adult at any point of forming LLC?

I know you need adult to help you sign contracts behalf of your LLC but what i wonder is can someome under 18 CREATE LLC?

Robert Kane
Robert Kane
answered on Oct 9, 2024

Please contact the Secretary of States Office.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for California on
Q: Can i start a business without being documented in the US ? im an illegal immigrant
James L. Arrasmith
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answered on Oct 1, 2024

Yes, you can start a business in the U.S., even if you're undocumented. There are no specific laws that prevent undocumented immigrants from owning and operating a business. The U.S. tax system allows anyone, regardless of immigration status, to apply for an Individual Taxpayer Identification... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: What do I need to do with my c-corp after relocating to California from Illinois?

A few years back, I had incorporated a c-corp in Delaware, registered as a foreign entity in Illinois, and had a physical office with employees. Post-COVID, my business became 100% remote. I am currently the only W2 employee on the company’s payroll, with Illinois state taxes being deducted. I... View More

James L. Arrasmith
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answered on Sep 16, 2024

When relocating your C-corp to California, you need to register it as a foreign corporation in California since you are now operating from there. This involves filing specific forms with the California Secretary of State and potentially paying applicable fees. You may also need to withdraw your... View More

1 Answer | Asked in Banking and Business Formation for California on
Q: What is the proper way to initiate Arbitration/ litigation so return of money already paid under an fraud contract.

My wife and her mother went to a car lot for a car, She was successful. The car was purchased in Southern California, our address was in northern California; The first issue we suffered was the fact that the second set of keys given to us didn't go to the car she leased, upon misplacing the... View More

James L. Arrasmith
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answered on Sep 15, 2024

To initiate arbitration or litigation to recover money paid under a fraudulent contract, you'll need to follow a few steps to ensure your case is properly handled. Start by gathering all relevant documents, including the contract, payment records, communication with the car dealership, and any... View More

1 Answer | Asked in Business Formation for California on
Q: Selling on marketplace facilitators in California

Are any licences/ permits required to start selling tangible goods on Marketplace Facilitators as an individual in California, provided all sales are of tangible goods and all transanctions are facilitated by the marketplace facilitators platform who is already registered with CDTFA.

James L. Arrasmith
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answered on Sep 12, 2024

In California, if you are selling tangible goods on a marketplace facilitator’s platform, the platform itself is responsible for collecting and remitting sales tax on your behalf. Since the marketplace facilitator is already registered with the California Department of Tax and Fee Administration... View More

3 Answers | Asked in Business Formation for California on
Q: If I am a minor member/owner in a LLC can I sign legally binding contracts.

Contracts refer to Purchase and Sale agreement and Assignment of Contract

Shawn R. Jackson
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answered on Sep 11, 2024

The short answer is ... "it depends" ... you would need AUTHORITY from the LLC, usually within the LLC Operating Agreement and/or approved resolutions ... along with NOTICE to the other LLC members and the other contracting parties.

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1 Answer | Asked in Business Formation for California on
Q: Is there any legal recourse for naming my business the same name as the food we sell? No other words or descriptions?

Example: naming a store Cheese Burgers, or Zombies (we sell Cheese Zombies), or cookies, or salads etc.

James L. Arrasmith
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answered on Aug 16, 2024

You generally have the right to name your business after the product you sell, such as “Cheese Burgers” or “Cookies.” However, there are important considerations. First, you must ensure that the name is not already trademarked or used by another business in your industry. If another company... View More

Q: Does a Nurse Staffing Agency located outside California need to be registered or have a license to transact business?

A Healthcare/Nurse Staffing Agency providing temporary healthcare personnel to different healthcare facilities (Hospitals, Long-Term Care, SNF, etc.)

James L. Arrasmith
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answered on Aug 7, 2024

Under California law, a Nurse Staffing Agency located outside the state generally needs to register to transact business within California. This registration is crucial to comply with the state's business regulations, which ensures that the agency can legally operate and provide services... View More

3 Answers | Asked in Family Law, Business Law, Business Formation and Divorce for California on
Q: Can my stepmom take part of my business if my dad leaves her and is the one that pulled out the loan to help me fund it?

In short…. My dad being more creditworthy…. Is going to pull out a loan to help me start a business. My stepmom served him with divorce papers and I’m wondering if she would be able to take part of the business as part of their divorce settlement. And what our best course of action would be.

Robert Kane
Robert Kane
answered on Jul 13, 2024

It seems unlikely that your stepmom can take part of your business if my dad leaves her and is the one that pulled out the loan to help me fund it,

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3 Answers | Asked in Business Formation, Business Law, Civil Litigation and Land Use & Zoning for California on
Q: Corporate building and parking lot is private own. We are having a charity event can the city charge a fee for permit?

My work is having a charity event and the city is saying they want to charge the company a fee for traffic flow and for the parking lot being blocked off for car show. But the building and parking lot is private own by corporate. Can the city charge for having an event on the business private... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

Yes, the city can charge for having an event on the business private property. A car show is well beyond the normal usage for which the property was zoned for.

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2 Answers | Asked in Bankruptcy, Admiralty / Maritime and Business Formation for California on
Q: Is retail pro under investigation!

I have proof

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

There is no way for anyone here to know this. I do not know who the company you mention is, but as a general matter, many investigations (other than public ones such as NTSB accident investigations, or certain cases receiving journalistic coverage) are not conducted openly. Good luck

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1 Answer | Asked in Banking and Business Formation for California on
Q: My firm www.R5Limited.com is interested in acquiring license rights to a number of patents held by Los Alamos

Is there an office and contact at Los Alamos and recommend law firm with Los Alamos track record.

James L. Arrasmith
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answered on Jan 12, 2024

To acquire license rights to patents held by Los Alamos, you should contact the Technology Transfer Division at Los Alamos National Laboratory. This division is responsible for managing the licensing of the laboratory's technologies and patents. Their website provides contact information and... View More

1 Answer | Asked in Banking, Business Formation, Immigration Law and International Law for California on
Q: Immigration law: I am a Protected Person with an approved case from the court waiting for my PR.

I am starting an import-export business and I am wondering would having business with my home country cause any issues with my residency here in Canada. Traveling to my home country is by no means safe for me, however, this business does not require my physical presence in Iran and I can conduct... View More

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answered on Nov 7, 2023

Engaging in business with your home country, where you are recognized as a Protected Person, should not inherently affect your residency status in Canada. However, it's crucial to ensure that this business activity does not contradict any of the conditions of your protection status.... View More

5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 14, 2023

If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration

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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Is it considered tax evasion to form an LLC for an online business in any state using a virtual mailbox address?
James L. Arrasmith
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answered on Oct 10, 2023

In California, merely forming an LLC for an online business using a virtual mailbox address is not, in itself, tax evasion. However, if one uses this setup to intentionally misrepresent their business operations, earnings, or other pertinent financial information to avoid paying taxes, it could be... View More

1 Answer | Asked in Tax Law and Business Formation for California on
Q: I'm looking for a pro-bono Attorney who specializes in Corporation entity to help me with our pre-revenue biz project.

Need a Business Attorney to join our Board, sweat equity for now until we get to our Series A funding.

Current state. Registered Delaware C Corp

James L. Arrasmith
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answered on Oct 10, 2023

Finding a pro-bono attorney for corporate matters can be challenging, as many attorneys offer pro-bono services primarily for public interest or individual needs. However, you can consider reaching out to local bar associations in California, as they sometimes have programs or can make referrals... View More

1 Answer | Asked in Tax Law and Business Formation for California on
Q: Is using a virtual address to form an LLC considered tax evasion if I don’t live in the state of the virtual address?

Is using a virtual mailbox address to form an online business considered tax evasion if it isn’t in the state where you live?

James L. Arrasmith
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answered on Sep 29, 2023

Using a virtual mailbox address to form an LLC in a state where you do not reside does not, by itself, constitute tax evasion. However, misrepresenting the primary place of business or not paying appropriate state taxes where the business operates can lead to tax liabilities and penalties.... View More

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