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I've been using an accountant recommended by my ex-wife since 2014 to handle the taxes of my small business, a C Corp/Electrical Contractor. After recently filing an extension for 2023, she suddenly informed me she's too busy and I should find another accountant. I suspect financial... View More 
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answered on Mar 22, 2025
First, I would suggest gathering all the documentation you have—tax returns, bank statements, invoices, payroll records, and anything else tied to your Corp’s finances since 2014. Make digital backups and store them somewhere safe.
Next, find a new independent accountant. A forensic... View More
I live in California and am becoming a mobile notary and plan to expand into loan signing services. I'm wondering if I need to form an LLC or another type of business entity for my notary services or if there's anything specific to consider for liability or business structure when... View More
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answered on Mar 21, 2025
You can legally operate as a mobile notary and loan signing agent as a sole proprietor without forming a business entity. However, forming an LLC could offer significant advantages, particularly for liability protection and professional credibility, which are especially relevant given your plans to... View More
I am a licensed professional clinical counselor in California and I'm thinking of opening a professional corporation solely under my license. I plan to supervise registered counselors eventually. Are there specific words or terms that must be included in the company name, similar to how LMFTs... View More
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answered on Mar 21, 2025
There are indeed specific naming requirements you must follow under state law. The California Business and Professions Code, which governs professional clinical counselor corporations, mandates that the name of your corporation reflects its professional nature and purpose.
Specifically,... View More
I have already registered my business and I'm looking to obtain a business license for a direct cremation entity in Riverside County, CA. I need guidance on which agencies or departments to approach for the license, information on complying with local health and safety regulations, and help... View More
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answered on Mar 19, 2025
To obtain a business license for a direct cremation entity in Riverside County, California, you must apply to the Cemetery and Funeral Bureau, which oversees crematory licenses. Follow the link to submit your application online: https://cfb.ca.gov/licensee/app.shtml
Given crematories... View More
What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.
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answered on Mar 18, 2025
As a sole proprietor, all of your business assets are your assets. There is no separate entity. At a minimum you need a will that leaves your business assets (or everything you own, if that is your desire) to your wife when you die. But you should seriously consider creating a revocable living... View More
What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.
answered on Mar 18, 2025
There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More
I am a co-founder of a California C Corporation startup, and I discovered that the company tricked me into working for free without any signed documents or issuance of shares. My business attorney informed me that I should have been paid under California law. The company is ignoring multiple... View More
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answered on Mar 13, 2025
Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.
California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor... View More
I am assisting a customer who is a Realtor, and they are curious about why they might be advised to purchase their own General Liability and E&O insurance policies if they are already covered under their Broker's policies. They want to understand the benefits or situations where having... View More
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answered on Mar 13, 2025
Individual General Liability insurance can provide additional protection that may not be covered under the Broker's policy. For example, the Broker's policy might have exclusions or limitations that do not fully protect the Realtor in certain situations. Broker-provided policies typically... View More
I was the Chief Marketing Officer and a 25% owner of a company, with no prior written agreement about stock ownership after departure. I never saw or approved an SBA loan taken by the company. Since I was terminated a year ago and signed releases, my former partner is now asking me to sign a... View More
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answered on Mar 13, 2025
You are not obligated to sign a personal guarantee for the SBA loan unless you explicitly agreed to do so in a prior agreement. Since you mentioned there was no prior written agreement about stock ownership after departure and you never saw or approved the SBA loan, you are not legally bound to... View More
I signed a contract with another party to open a business, and the business license is in my name, registered with the Secretary of State in California. The business is located at my address. However, I haven't heard from the other party since November 26, 2024. There are websites running with... View More
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answered on Mar 10, 2025
Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's... View More
My corporation, HUNGRY FOR SUCCESS ATHLETICS INC., has been in "Suspended" status since April 2nd, 2024. I am unsure of the reason for the suspension and have not yet taken any steps to resolve it. I would like to understand the timeline and process to "Revive" the corporation... View More
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answered on Mar 10, 2025
You can find all the necessary information at https://www.ftb.ca.gov/help/business/my-business-is-suspended.html
The suspension is most likely due to a failure to pay taxes, as indicated by the “Suspended – FTB” notation on the Secretary of State’s records (FTB stands for Franchise Tax Board).
I possess a countersigned share certificate for Argonaut Insurance Company dated 1957, listing my grandfather as the owner with a par value of $1 per share. The company was sold to Teledyne, but I have documentation proving ownership. When I contacted them, they mentioned the shares should have... View More
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answered on Mar 3, 2025
Generally speaking, that's what Broker-Dealers do (stockbrokerage firms). give a large firm a call and ask to speak to a broker and tell him what you need. If you open an account with them for the proceeds, they'll usually do it for free. If you have problems, you can always re-post here.
I am the beneficiary of a trust in California, set to inherit a membership in a multi-member LLC. I want to take title of this membership interest with my wife as community property. The trust names me as a beneficiary but doesn't require the LLC membership to remain solely in my name. The... View More
answered on Feb 28, 2025
It is a common mistake for a beneficiary (the person who benefits from a trust by receiving an inheritance) to believe that an asset belongs to them even though it is still located in another person’s trust. But, while the asset is in another person’s trust, the asset belongs to the trust. It... View More
I need help filing a business lawsuit in San Francisco Superior Court but as a low income individual cannot afford an attorney who charges full sum of representation upfront. Where can I find an attorney who works on contingency basis?
answered on Feb 21, 2025
Quite simply, you will need to contact attorneys until you find one willing to represent you on a contingency basis. This will be challenging. Law firms do not gamble. It will need to be a sure thing with the settlement/judgment paid immediately upon resolution. This will be based on the law... View More
My wife and I were married in our home country and later immigrated to the U.S. We've lived in California for about 10 years. Our marriage certificate includes a clause we did not sign, stating that if the divorce is not initiated by my wife, I must give her up to half of the assets I acquired... View More
answered on Feb 19, 2025
The laws of the tribunal (state, county or country) where you file for divorce will control. If you divorce in another country, a valid divorce there will be considered valid here in California without any additional filings.
I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More
answered on Feb 14, 2025
If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More
Concerning proxy voters privacy and exposure.
In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?
If I solicit proxies, do I have to reveal the names of... View More
answered on Feb 13, 2025
The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)
I have an established business currently registered in my name. My current partner and I are considering to register in a domestic partnership. However, I want to keep my personal relationship and business completely separate.
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answered on Feb 3, 2025
Registering in a domestic partnership will generally affect your personal business in the same way that marriage would, as domestic partners are granted the same rights, protections, and responsibilities as spouses. This includes community property rights, mutual responsibility for debts, and the... View More
Terminated in writing or not. State in the agreement
If the buyer does not approve of the books and records, in writing in within the Pacific time. Either party may terminate the contract. One party says it it says it can be terminated and it only has to be in writing if they’re agreeing... View More
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answered on Jan 24, 2025
If the agreement’s language is unclear, each party might interpret it differently, which can definitely lead to legal disputes.
If one side believes that only written approval is required, while the other thinks that any termination also needs to be in writing, you have an ambiguity in... View More
I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.
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answered on Jan 24, 2025
Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More
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