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California Business Formation Questions & Answers
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
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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...
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1 Answer | Asked in Business Formation and Business Law for California on
Q: Do I need 2 separate business licenses for different products?

I am a sole proprietor offering graphic design services and stationery in CA. Now, I want to start selling handmade jewelry and polished rocks (using a different name for this business) – do I need a separate business license for that? The owner (myself) and business address remain the same for... View More

James L. Arrasmith
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answered on Mar 3, 2023

In California, you are not generally required to obtain a separate business license for each different type of product or service that you offer. As a sole proprietor, you can operate multiple businesses under a single business license, as long as the businesses are related and have the same owner... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: Wyoming LLC

As an online seller business owner residing in California, do I have to register LLC in California if I already have LLC in Wyoming for my business? I have no employees, and my wife and I are the owners of the Wyoming LLC for the online business.

James L. Arrasmith
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answered on Feb 20, 2023

If you are doing business in California, then you are required to register your LLC in California as a foreign LLC. Doing business in California generally means that you are selling goods or services within California or have a physical presence in the state, such as an office or a warehouse.... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Q: I just made an LLC in December in California through incfile. I wish to cancel it. Please help!!

I can't afford to $49/monthly fees and I can't afford $119 for statement of information (CA state fee $20 and processing fee $99). Times are tough right now and I just can't afford it. I started an LLC cause i was trying out affiliate marketing thingking it'll be easy can earn... View More

James L. Arrasmith
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answered on Feb 19, 2023

To cancel your LLC in California, you will need to follow these steps:

File a Certificate of Cancellation with the California Secretary of State. You can do this online or by mail. The fee for filing the form is $35.

Once the Certificate of Cancellation has been filed, you will need...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: I want to start an online business. DBA, LLC, both, neither?

I will not be selling products. I will offer a service which will pay me a finders fee as compensation. I will be conducting the business from home/online. No employees. Do I need to register a DBA, get a license, LLC? Im in California

James L. Arrasmith
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answered on Feb 20, 2023

In California, if you are operating a business under a name that is different from your legal name, you are required to file a DBA (Doing Business As) statement with the county clerk's office in the county where your business is located.

However, if you want to protect your personal...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: I want to start an online business. DBA, LLC, both, neither?

I will not be selling products. I will offer a service which will pay me a finders fee as compensation. I will be conducting the business from home/online. No employees. Do I need to register a DBA, get a license, LLC? Im in California

James L. Arrasmith
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answered on Feb 20, 2023

In California, if you are operating a business under a name that is different from your legal name, you are required to file a DBA (Doing Business As) statement with the county clerk's office in the county where your business is located.

However, if you want to protect your personal...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: I want to start an online business. DBA, LLC, both, neither?

I will not be selling products. I will offer a service which will pay me a finders fee as compensation. I will be conducting the business from home/online. No employees. Do I need to register a DBA, get a license, LLC? Im in California

Shawn R. Jackson
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answered on Feb 13, 2023

As is often the case, the answer is "it depends" ... upon [1] your exposure to liability ... [2] your management structure ... and the [3] the scope of your services ... the next step would be for you to schedule at least two free initial consultations by video call or telephone call.

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2 Answers | Asked in Business Formation and Business Law for California on
Q: LLC Formation for Real Estate Investment

I need to form an LLC to buy and operate a rental unit. Three members are brining 1/3 investment each. Can there a buy-out clause such that one member can be bought out a year or later when two other members can bring the capital equal to the initial investment of third member plus 6% annual... View More

Shawn R. Jackson
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answered on Jan 1, 2023

yes, but with several issues ... management issues, capitalization protocols, any improvements ... and of course, valuation formula ... always best to schedule a few free consultation video calls with at least two law firms to discuss the options and strategies.

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2 Answers | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Q: Can I take my company’s client and start my own business in California

I work for company that takes care of people the person wants to hire me directly can I start my own business and care for that person

Fritz-Howard Raymond Clapp
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answered on Oct 19, 2022

Some companies have employment agreements that include non-competition provisions which prohibit the employee from soliciting their clients for a period of time after the employee leaves the company. If your company does not have such a provision to which you have agreed, then after you have... View More

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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

James L. Arrasmith
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answered on Feb 21, 2024

Unfortunately, I cannot definitively say whether Retail Pro is currently under investigation without more specific information. Here's why (and what you can do with your proof):

Reasons for Uncertainty:

- Types of investigations: Companies can be investigated for various...
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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 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
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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

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
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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...
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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
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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....
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1 Answer | Asked in Business Formation, Business Law and Internet Law for California on
Q: What constitutes as the state in "doing business" for online business filing for a LLC? Owners in separate states too

I've read in some articles that the place to file an LLC is in the state you reside, even for online businesses. As you would need a foreign LLC to do business in the home state anyways if you filed out of state.

But what is the definition of "doing business"? Is it the... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Lawyers practice law so they can provide advice on questions just like this. Are you asking this question because you are only interested in LLCs, or do you need advice on how to set up an LLC and begin operating a business under one? This forum isn't here just to satisfy someone's... View More

1 Answer | Asked in Business Formation for California on
Q: I dissolved a corporation due to non activity with the business in 2021. However now I would like to reinstate it.

Does it make sense to reopen the same s Corp or would it be better to open a new corporation for my business?

I am also ready to hire an attorney to help me with this process (either opening a new one or re opening the old one). So it would be very helpful if this question is answered by... View More

Fritz-Howard Raymond Clapp
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answered on Nov 17, 2022

If the corporation has been formally dissolved and its assets distributed, it cannot simply be "reinstated". But you can file new articles of incorporation with the same name.

1 Answer | Asked in Business Formation for California on
Q: Can I file a CA LLC if I am canadian?
Fritz-Howard Raymond Clapp
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answered on Nov 4, 2022

Yes. A non-US citizen may be a member and/or manager of a California limited liability company.

2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

Matthew Morris
Matthew Morris
answered on Sep 24, 2022

Congratulations on starting your nonprofit. You have chosen an unusual path by using the LLC formation method. One of the first things you will likely want to do is to file a "statement of information" with the Secretary of State -- usually within about 90 days from when you filed your... View More

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1 Answer | Asked in Real Estate Law, Business Formation, Civil Rights and Legal Malpractice for California on
Q: I am living a gated community and HOA has no meeting and no elections for last 5 years since I moved in.

HOA has 5 board members which appointed by president. No elections at all. Is that legal? I have been asked for the election and no board member answers. Also I found out some board member on the position for 12 years and they use HOA water and HOA Garderner for private land. For such small... View More

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

There are attorneys who practice HOA law. Speak with one about your situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Business Formation and Business Law for California on
Q: is neutrogena makeup remover wipes pack of 2 patented?
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Likely so and, if not, the formula is no doubt kept secret. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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