Get free answers to your Business Formation legal questions from lawyers in your area.
answered on May 23, 2022
As a general rule, the name reservation will expire in 60 days ... and you can "transfer" the name reservation to someone else.
On the filing of article incorporation of a NPO, two purposes available for ticking : Public purpose and Charitable purpose. What’s the difference? Also If Public purpose is checked can the organization still get 501(c)(3) tax exempt status ?
answered on Apr 28, 2022
A good question. It's not helpful that courts in California have frequently used the terms "public purpose" and "charitable purpose" interchangeably.
Taking your last question first: the IRS will not likely deny a 501(c)(3) determination if you check the box for... View More
I lease a 2 story building for a live theatre. The theatre occupies the 1st floor. I want to create a theatre non-profit.
The building has a 2nd floor. It's not part of the theatre. Sometimes the second floor is occupied through a sub-lease which is allowed in my lease, sometimes it... View More
answered on Apr 21, 2022
This question raises many of the big issues that nonprofit attorneys work on. You definitely should talk to a local nonprofit lawyer because there are LOTS of issues lurking here.
Issue 1: Are you sure you should be a nonprofit? One thing that a lawyer for nonprofits will probably do here... View More
A friend of mine Give me a check and asked me to put in my account it cleared the bank refuses to give me the money for the money cleared on the 14th I just found out today the 23rd They told me they wanted my friend to verify himself so I went and got him got all the documents to verify himself... View More
answered on Apr 17, 2022
small claims allows up to $10,000. It may be the fastest way to unfreeze the account, and the bank should not put a freeze on any funds not a part of the check. Consult with a local attorney.
answered on Mar 2, 2022
To form an LLC, a document is filed with the CA Secretary of State which specifies the name of the company, and some basic details such as whether the LLC will have a manager, what will be the nature of its business, and who will act as agent for service of process. Then, you will need what is... View More
This house already functions as a co-operative. The current owners are selling and past residents would like to organize to purchase the property. This will need to be done fairly quickly. We have the funds for a down payment and to do some repairs however we'd like to know the best way to... View More
answered on Feb 21, 2022
Assuming that the "financing" will support it, the initial answer would be the LLC ... which, depending upon how the LLC Operating Agreement is drafted, will allow relatively easy "in & out" of LLC Members and some level of asset protection for the individuals. The best next... View More
I created new division separate from existing company to engage in an area of the industry he wasn't . Only shared name and license numbers. Everything else, I made. Forms, branding, procedures, had my own employees, payroll, books even had to pay him rent for offices. I would become a partner... View More
answered on Feb 14, 2022
You have a good claim for breach of contract, where the contract was an agreement that you perform services to set up the business in return for an ownership share. You completed your end of the agreement, but the other party failed to compensate you as agreed. The agreement may have been oral or... View More
We put in a deposit to buy a business but due to unforseen circumstance at my work, I need more time before I can quit my job and start the business. There was no agreement signed stating that the deposit was non refundable but she refused to refund my money and is planning to sell to someone else.... View More
answered on Jan 3, 2022
it's generally not a good idea to give anyone a deposit without a written contract. at this point you will either need to pay a business attorney for a complete consultation and advice or possibly take your chances in small claims court (if the amount is under $10,000).
Supposedly their is a large fund from the imf that belongs to me , it's been going on for 4 yrs now . What are the chances it's real ? I have acct numbers docket numbers but where can I validate them
answered on Dec 27, 2021
It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or... View More
Good afternoon.
A legal entity (LLC) has been established. One of the documents required to do business is the Operating Agreement. The problem is that some of the members are non-U.S. residents. Because of the epidemiological situation, we cannot be physically present in the United States.... View More
answered on Dec 5, 2021
In California, electronic signatures and photocopied signatures are as legally valid as originals for most legal documents that do not need to be recorded. LLC operating agreement signatures do not need to be notarized unless the document will be recorded. However, I have never seen an LLC... View More
answered on Dec 1, 2021
If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY... View More
Since I rent biweekly shouldn’t I only have to give a weeks notice?
answered on Nov 17, 2021
People are allowed to enter into contracts providing any terms they want, so long as the terms are legal (i.e., if you had a contract to murder someone, the terms would not be legally enforceable in court.) Since it’s perfectly legal to include any number of days’ notice prior to termination,... View More
I need to obtain text messages from a year ago from my cell phone account. I’ve been through the steps through Verizon but they are not accessible through my iCloud. I need to find another alternative to pull those messages prior to having to take it to court. Is there a way that can be done?... View More
answered on Nov 11, 2021
You could try subpoenaing them, but your attorney should already know that, unless it's small claims court or you don't have an attorney. You also have no guarantee that you'd get them, since Verizon is under no obligation to keep a copy of your messages for that long.
He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... View More
answered on Nov 5, 2021
I do not see any indication that this is a patent law question.
This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the... View More
My items were burglarized, and i located them at a pawn shop, but i dont have the money to buy them back. They gave the THIEF ( im not calling them a defendant) thousands and the pawn shop is requesting i pay. I obviously want to prosecute, so does this mean i can get my belongings back without... View More
answered on Oct 14, 2021
more info is needed.
did you make a police report? contact the police to let them know you found the items.
they should be able to assist you too.
Once a corporation is duly incorporated, who owns the corporation if no shares of stock have been issued, and can ownership change simply by issuing the majority of shares to and officer (say CEO) of the corporation without that officer having to pay for them?
answered on Sep 17, 2021
You could change the ownership of the corporation by issuing shares to an officer of the corporation. To do so, I recommend that you have a stock purchase agreement, a Board consent authorizing the issuance of the shares and submit a 25102(f) securities filing for the issuance of the shares.
I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... View More
answered on Aug 9, 2021
As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities... View More
Hello, I am planning to found my own consulting firm. I am helping startups in the US and EU with public policy, grant strategy, fundraising and business partnerships. Should it be a LLC or sole proprietor? Which one will be better for tax-wise?
answered on Aug 6, 2021
The answer depends upon three initial focus points: [1] your exposure to liability ... [2] your desired management structure and [3] how you would like to see ownership and succession. The next step for you would be to schedule at least two free initial calls with attorneys of your choice ... by... View More
If she cannot legally provide or sell her services to another because she isn't properly bonded, then wouldn't any auctions she's held be illegal to do and void any contracts between her and the buyers of said illegal (fraudulent) auctions?
answered on Jul 30, 2021
This sounds like a matter of government regulation. That would be between her and state licensing agency. She will likely face a fine. It should not affect the validity of the auction sales.
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.