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?
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 
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
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
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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... View More
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.
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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... View More
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,... View More
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... View More
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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
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
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... View More
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... View More
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.
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
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.
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answered on Apr 1, 2023
As an artist, it is important to be aware of copyright laws and to make sure that any images you use are either in the public domain or available under a license that allows for commercial use.
While some images of professional sports teams may be considered "royalty-free," this... View More
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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
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
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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
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answered on Mar 24, 2023
Yes, in California, most businesses, including online retail businesses, are required to have a business license. A business license is typically issued by the city or county where the business is located and serves as evidence that the business is permitted to operate in that location.... View More
CA Corp Code 5510 + seem to allow proxies to achieve a quorum and to take actions "if allowed"
5516 allows for unanimous consent "if allowed"
Does this mean if the by-laws permit, both can be so used? Thx
answered on Mar 14, 2023
The general rule for public benefit corporations is that "Any member may authorize another person or persons to act by proxy with respect to such membership." Corp Code Sec 5613(a). However, that section says that "this right may be limited or withdrawn by the articles or bylaws,... View More
CA Corp Code 5510 + seem to allow proxies to achieve a quorum and to take actions "if allowed"
5516 allows for unanimous consent "if allowed"
Does this mean if the by-laws permit, both can be so used? Thx
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answered on Mar 14, 2023
Yes, a California nonprofit public benefit corporation can use proxies to meet a quorum and to take actions if it's allowed in the corporation's bylaws. Similarly, the use of unanimous consent is also allowed if it's permitted by the bylaws.
According to California... View More
i am member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?
Is that be an option or would that be voided by the SBA?
answered on Mar 11, 2023
I agree with what Mr. Arrasmith has said, but would add more, just from prior experience representing either financial institutions or their borrowers: as a general rule, if an obligor to a bank wants to get, or cancel, something he signed from that bank, the bank will want some amount of money in... View More
i am member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?
Is that be an option or would that be voided by the SBA?
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answered on Mar 10, 2023
Generally, an EIDL loan is a loan that is made directly to a small business, and the loan is based on the creditworthiness of the business, not the individual partners or owners. However, it is possible that the loan agreement includes a personal guarantee, which means that the individual partners... View More
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
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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
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