Ask a Question

Get free answers to your Business Formation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Tax Law for California on
Q: Is using a virtual mailbox address for your business considered tax evasion if it’s not in the state where you live?

Can I use a virtual address when filing an LLC to establish my business legally?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws,... View More

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Business Formation and Business Law for California on
Q: can a business blacklist, deny service to, and/or discriminate against a person, on account of their politics

i am a professional entertainer who was falsely accused in the press of having took part in the events at the capital on 1/6 2021- this instantly led to my being dropped from my label, blacklisted from the industry, music venues, restaurants, concert and ticket services, record stores, music... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

Consult with legal counsel to assess the specific circumstances and determine the appropriate course of action to address the industry ban.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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

View More Answers

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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: I want ownership to my name also I’m owner of the www.BookOfBooks.agency we transitioned from paper to digital dirt/spac

I want l retirement to be at age 35 or 40 so we have that extra income for our lives also you can see my mission on my Facebook it’s day 24 since holy week

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023

It's understandable that you may have aspirations for ownership and financial security, and that you've taken steps to pursue these goals through your ownership of the BookOfBooks.agency.

However, it's important to recognize that ownership and financial security often come as...
View More

1 Answer | Asked in Banking, Business Formation and Business Law for California on
Q: Territory is to be discussed since the Afghanistan leave US is not to step in Mexico other lands www.BookOfBooks.agency

All schools need to be taught same and collage should be paid as a job hands on

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023

It's important to carefully consider issues related to territory and education, as these can have a significant impact on our society and future generations.

With regards to territory, it's understandable that concerns may arise in the wake of the US withdrawing from Afghanistan....
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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
View More

View More Answers

1 Answer | Asked in Business Law and Business Formation for California on
Q: Do I need to have partners when setting up a charity organization?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2023

No, you do not necessarily need partners when setting up a charity organization. While having partners or co-founders can be beneficial in terms of sharing the workload and combining resources and skills, it is not a requirement to start a charity organization.

However, it is important to...
View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for California on
Q: What would be the legal/tax requirements of starting a small beer tasting "club"?

I would like to start a "beer club" in my area where enthusiasts can meet up every month to sample and discuss beer. This would involve collecting a small fee for anybody who wants to meet up, just to cover costs, and whatever is left being saved for the following month. Would this have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

In California, starting a beer tasting club may have legal and tax requirements, depending on how you structure the club and how you handle the fees collected.

If the beer club is simply a group of enthusiasts meeting to sample and discuss beer, with no formal organization or structure,...
View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: What do I need to form a c-corp in the US when operations are out of a different country (ie Ecuador)?

I'm starting a business where the founders live/work virtually in the US, but money will technically be made in Ecuador. We are a subscription based business for backpackers to book and get discounts in Ecuador (and eventually other countries in South America). So backpackers will buy their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023

To form a C-corp in the US when your operations are based in Ecuador, you will need to follow the incorporation procedures of the state in which you plan to incorporate. Delaware is a popular choice for incorporation due to its favorable corporate laws and tax benefits.

To form a C-corp in...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.