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 Business Law for California on
Q: At what point must I have a business license?

I am a website designer normally employed full time but since Covid I have been considering starting my own business. I would offers website design, graphic design, logo design and creation, marketing and social media management as well as ongoing site maintenance and management. Before I fully... View More

Julie King
Julie King
answered on Jul 12, 2021

Once you market yourself to the world, you are in business and should have a business license. Check the websites of your city and your county to learn the requirements that apply to your jurisdiction. If you are working out of your home, your city and/or county may require a home-based business... View More

3 Answers | Asked in Business Formation, Business Law and Tax Law for California on
Q: Do I have to pay the CA franchise and file annual income tax for a newly formed single member LLC with no income?

Hello

I created a new LLC last July and I'm the only member.

So far the LLC has not been operative and has generated no revenue.

Do I need to file an income Tax return or pay the $800 California Franchisee tax?

Thank you.

Julie King
Julie King
answered on May 17, 2021

Unfortunately , yes, you have to pay that franchise tax regardless of whether your LLC is active or inactive. So long as the LLC is in existence, you must pay the annual tax. Some people make the mistake of only paying the tax when they earn an income, which causes the LLC to go into "FTB... View More

View More Answers

1 Answer | Asked in Business Formation, Business Law and Copyright for California on
Q: How do I get my name secured on all social platforms when I own the main domain for the name and do business as it?

I would like to get my own name as a social media account on the 2 remaining platforms where someone has created ghost accounts to hold the name and I am unable to clame it for myself.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 7, 2021

Unfortunately it is a first come first served basis so you may be out of luck.

Consult with an attorney to see if you have some options.

Maybe if you have a trademark registration you could use it to get some of the names back, but may not be an easy or cheap proposition.

1 Answer | Asked in Business Formation and Business Law for California on
Q: What is the appropriate business structure in California that can provide PT, OT, ST services?
Julie King
Julie King
answered on May 6, 2021

It likely needs to be a professional corporation, but it can still be taxed as either a C corporation or an S corporation.

4 Answers | Asked in Legal Malpractice, Employment Law, Business Formation and Business Law for California on
Q: Hired as an independent contractor, but now owner claims that I was a partner after trying to receive payment. Legal?

I was hired by company to run Tournament events. The company wants to contract me to run tournamemt events. With work product created, I provided the company with this service. After creating an FBN and EIN for the sole purpose of getting paid for services I provided, I asked for payment by giving... View More

William John Light
William John Light
answered on Apr 25, 2021

You are free to sue for your fees as an independent contractor, if that is what you were. Even as an independent contractor, if you created intellectual property during the course of those duties, that property would likely belong to the person who contracted with you to create it.

View More Answers

1 Answer | Asked in Consumer Law, Business Formation and Business Law for California on
Q: I cashed my stimulas check at Marin Check Cashing in San Rafael CA. They charged me $43.81 fee. IS this legal in CA?
Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Apr 24, 2021

The answer, as with most questions asked of lawyers online, is: "it depends" and "message boards are no substitute for legal advice." Here, there just aren't enough facts to provide a complete legal analysis. However, if your check was the standard $1,400 stimulus... View More

2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... View More

Julie King
Julie King
answered on Apr 20, 2021

You may be making this more complicated than it needs to be. Why can't you use your home address? Yes, it will be a public record, but it works. There are many solutions to this issue without you having to lease expensive office space that you will not be using. Best wishes!

View More Answers

1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: I have a vending machine business, can I have freelancers?

I know there some ab 5 law now but I want to hire freelancers to stock my machines. I will purchase the food products for the machines. They will stock the machines once or twice a week. Meaning 1- 2 hours a week. I am giving them a set payment amount for each month they help me. Do I have to... View More

Julie King
Julie King
answered on Mar 21, 2021

The chances are very high that those workers would be classified as employees. In today’s world, it is harder than ever to successfully classify a worker as an independent contractor. But a lawyer would need to ask a lot of questions before giving an opinion. For example, will the workers have... View More

2 Answers | Asked in Business Formation and Business Law for California on
Q: What is the best way legally to file a foreign corp from Colorado to California and also could I later move to CA?

I purchased 2 shelf corps that are llc's and wanted to dba in california. I wanted to also ask is it legally better to have multiple companies under 1 llc or should they legally be divided?

Julie King
Julie King
answered on Mar 9, 2021

This is a tough question to answer without more information. Many companies divide up their product lines into separate corporations so if one product has a liability issue, the revenue from the other products is not affected. But, the other side of the coin is that you have to pay a minimum of... View More

View More Answers

2 Answers | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: Is it legal for a company to charge me for not being enrolled in autopay? I'm being charged 7.50 a month, seems illegal.

The company is Sunrun and based out of Denver Co, I am in the state of Ca.

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2021

Companies can give a preferential rate if someone signs up with autopay. Are you being billed extra because you are not or did you just choose the non-autopay option?

Depending on the industry, file a complaint with whoever regulates that industry.

View More Answers

1 Answer | Asked in Business Formation, Business Law, Tax Law and Trademark for California on
Q: i have my own business and i went as far as paying for my trademark do i have to pay taxes on my business still?

i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number

Julie King
Julie King
answered on Feb 21, 2021

If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... View More

2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

Shawn R. Jackson
PREMIUM
Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2021

The answer to your question should be developed in an initial free consultation by video call or telephone call. The short answer is ... it depends" ... upon your preferred management structure, the operations plan, your succession plan ... and how well you get along with others ...

View More Answers

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... View More

Shawn R. Jackson
PREMIUM
Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

View More Answers

1 Answer | Asked in Business Formation for California on
Q: I am want to create a business and register the name, but the name already exists and it's also registered.
Maurice Mandel II
Maurice Mandel II
answered on Feb 6, 2021

Then you probably cannot use that name without licensing it from the owner. Contact an intellectual property attorney in your area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... View More

1 Answer | Asked in Business Formation for California on
Q: How can I get My Trade Mark up to date what do I need to do ? I didn't follow up on an office action letter

I paid in full for my trade mark for my company We Handle It Handyman Services LLC

Robert P. Cogan
Robert P. Cogan
answered on Jan 18, 2021

It is possible that your best course of action is to consult an intellectual property attorney. Your question appears to indicate that you are not familiar with trademark procedures. Most people are not. There are many ways to go wrong. You want to be sure it is done right.

1 Answer | Asked in Contracts, Business Formation, Civil Rights and Lemon Law for California on
Q: Need some legal assistance

I need some legal assistance so I purchased my car from , hired a guy to call me and trick me into taking my vehicle in for a smog check . So next I was left stranded and also did not give me or the dealer any notice of the vehicles personal belongings . Which by the way where removed by an... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 16, 2021

You should contact your local police department (where the dealer was/is) and make a report that your car was stolen by these people. More than anything, though, you need a lawyer to help you. You can go to the Los Angeles County Bar Association's website (LACBA.com) and click on the... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: If I have an LLC with DBAs set up under it, do my social media and online profiles need to match DBA name exactly?

If I'm a freelancer that does business on sites like Fiverr and Upwork, do my screen/profile names need to exactly match my DBA name?

From what I've read about LLCs, everything says you must make it clear you're operating as a business/LLC. So, in this case, if I have set up... View More

Julie King
Julie King
answered on Jan 15, 2021

I believe you are asking if your web address and user names need to match your business' name. If so, the answer is no. BUT, you are correct when you say you must make it clear that you are operating as a limited liability company, so your footer, signature, and other public information should... View More

5 Answers | Asked in Business Formation and Business Law for California on
Q: Is it possible to register your business as an LLC on a budget with the safety of a lawyer and not the online websites?
Shawn R. Jackson
PREMIUM
Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2020

Yes ... and as you might imagine, the simplicity or complexity ... and the actual budget will depend upon a variety of factors. Our basic LLC formation package is about $500 ...

View More Answers

1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

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.