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Colorado Business Formation Questions & Answers

1 Answer | Asked in Business Formation for Colorado on

Q: My trade name exp in Colo in 2009. In Good Standing for Art of Org in Colo. Do I need file a a new trade name?

I went on the Colo Sec State site and do not see renew option for my trade name, just the ability to correct info for historical purposes.

Curious about penalties? Thank you.

D. Mathew Blackburn answered on Jun 17, 2019

Only if you are doing business under a different name than that of your LLC articles of organization.

1 Answer | Asked in Business Formation for Colorado on

Q: I own a commercial building in Longmont, Colorado and am applying for a site plan waiver and change of use. See below:

Part of the awning and cement steps in the original established main entrance to the building (built in 1928), encroach slightly on the line for public right-of-way. As far as I know, the steps and cement awning were part of the original construction in 1928. In my pre-application, the city... Read more »

D. Mathew Blackburn answered on Jun 12, 2019

They can require anything until you challenge their authority. You're going to want to get an attorney on this one. Good luck.

1 Answer | Asked in Business Formation for Colorado on

Q: If I am already incorporated in the State of Colorado, what do I need to do to get business license in Nevada?

I want to do business in the State of Nevada with an incorporated company in Colorado. Is the process as simple as applying for a tax license in Nevada? I plan on registering as a boxing manager and I want to do things properly.

D. Mathew Blackburn answered on May 19, 2019

File on https://www.nvsilverflume.gov/home to operate as a foreign entity in NV and check local licensing requirements for counties and cities.

That will allow your CO business to operate in NV lawfully.

1 Answer | Asked in Business Formation and Business Law for Colorado on

Q: Do i need to collect sales tax if im a service provider

Andrew John Contiguglia answered on Apr 12, 2019

No. The collection of sales tax only applies if you are selling goods.

1 Answer | Asked in Business Formation for Colorado on

Q: If I own a business with my husband (partnership) and I want out of the business can I sell my half w/o consent

Nothing was signed or stated prior discussing anything about selling the business. And if I can legally sell my part of the business w/o his consent would I then have to give him half of the money I sold it for if we got a divorce - were in Colorado

D. Mathew Blackburn answered on Feb 7, 2019

Technically you could sell your ownership interest as there is no restriction because there is no operating agreement.

Colorado is an equitable separation state so it's not automatically 50/50,but yes the cash or the ownership of the entity would both be marital property subject to division...
Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on

Q: ISO: business/tax lawyer

Back taxes for 2 separate corporations that were started in Montana. Seeking a lawyer in Denver Colorado as that is where the i currently reside. Does the sought out lawyer in Colorado need to have jurisdiction in Montana in order to help me?

D. Mathew Blackburn answered on Oct 20, 2018

Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.

A Colorado attorney can help you with this issue.

1 Answer | Asked in Business Law, Tax Law and Business Formation for Colorado on

Q: Purchasing an existing company, trying to figure out where to incorporate for best tax advantages.

I am from Colorado. I am purchasing an existing company in TX. That company will be manufacturing product in TX and I will have a partner there. The product will be built and shipped from that third party manufacturer to likely all 50 states. My question is when purchasing the company, can I set up... Read more »

D. Mathew Blackburn answered on Mar 24, 2018

Generally the best approach is to register in the state of operation. Also be aware you will pay income taxes to CO regardless of where you set up the LLC because an LLC is a passthrough entity and you are a CO resident.

You need to retain a business/tax attorney that can advise you on the...
Read more »

1 Answer | Asked in Business Formation for Colorado on

Q: Registered business name in Oct. 2017 with no EIN yet. Are we required to file even though we are not in business yet?

It’s a partnership llc

D. Mathew Blackburn answered on Jan 4, 2018

Partnerships must file a Form 1065 each year regardless of income or loss. If you don't have an EIN yet you can simply write "Applied For" on the EIN block. You should get an EIN as soon as possible.

1 Answer | Asked in Banking, Business Formation, Contracts and Real Estate Law for Colorado on

Q: Want to buy land/develop with friends. Can one of us get mortgage and others be considered owners with contract?

Looking to buy land/develop homes for a business. Have multiple friends involved. Can one of us get the mortgage and then right up a contractual agreement between us to hand out ownership %'s? So for example, the person with the strongest credit gets the mortgage/loan to build and they own 40%, the... Read more »

Timothy Canty answered on Dec 17, 2017

It's theoretically possible, but there are some complications. Most deeds of trust have a "due on sale" clause. This means that if you transfer an interest in the land to your partners, the lender can call the loan. You should disclose all material facts to the lender and get written assurances... Read more »

1 Answer | Asked in Business Formation and Landlord - Tenant for Colorado on

Q: Can my leasing office do such things?

I Live in an apartment In Aurora Co For About 2months Now. Its HORRIBLE! I Pay $1071 a Month To Sleep, Eat, Bathe, With Cockroaches. Its So Bad Maintaine Has Tyo Come Out Every Monday To Spray everybodys Home. but they Dont Do Anything But Agitate The Bugs And Make Them Attack. So I Turn Down The... Read more »

D. Mathew Blackburn answered on Nov 14, 2017

This is a landlord/tenant issue and you posted it in business formation.

You'll get a faster answer if you repost in Landlord/Tenant.

Thanks

1 Answer | Asked in Business Formation, Contracts and Construction Law for Colorado on

Q: Is the General Contractor in a breach of contract

In the contract it states that we should be given 48 hour notice if the General Contractor decides to go with a different company. (So we are allowed to remove our material or get paid within 48 hours so they can keep it) Well they gave us notice at 4:15pm and had workers on our job site the next... Read more »

D. Mathew Blackburn answered on Sep 22, 2017

Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which... Read more »

1 Answer | Asked in Business Formation, Contracts and Mergers & Acquisitions for Colorado on

Q: Whats the best way to classify and start a business with 2 owners who have 2 businesses that we want to bring together?

Both businesses will be new businesses. 1 business is a staffing agency and the other is a errand service company. The errand service company owner lives in another state. The company will, however start in Colorado first.

Tristan Kenyon Schultz answered on Aug 17, 2017

To find a paring you will need to meet with a lawyer who can listen to your needs and concerns. Expect to pay for the attorney's time. Be aware that you can contract for advice and filing OR just advice (the far cheaper option for most attorneys). The basic options include separate businesses,... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on

Q: I need to change my 10 mo. old business from a general partnership to a sole proprietorship. Which way should I do this?

The partnership owes no back taxes. I personally bought all the equipment, supplies. My partner will become my employee. The split/change is amicable, with no disagreements to ownership, naming, clients, or anything else, and we will still be working as usual. I don't know whether to dissolve then... Read more »

Glenn B. Manishin answered on Mar 29, 2017

Sell the partnership (assets and membership/profit interests) to you as an individual for whatever price is deemed fair by all, But consider an LLC, which protects personal assets, as an alternative to a sole proprietorship.

1 Answer | Asked in Business Formation for Colorado on

Q: What do I need to file with the secretary of state when I start a company?

Tristan Kenyon Schultz answered on Nov 1, 2016

Here is the link to the Sec. of State's webpage: http://www.sos.state.co.us/pubs/business/businessHome.html . Review the "Information Resources" (top left). Your local library should have books on incorporation (make sure they cover Colorado). You can also contact an attorney, who can assist with... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on

Q: Is it okay for an attorney to setup a corporation and act as the company's legal counsel in exchange for stock?

I have a $1M+ asset I want to put into a corporation (for some instant basis for a valuation) and subsequently issue common stock (or founders stock?) to raise cash for development of the asset. Given the goal of the effort, issuing stock to an attorney to help with this seems like a good idea. So... Read more »

Tristan Kenyon Schultz answered on Sep 28, 2016

It is possible, but for the attorney there are significant conflict of interest issues. Many attorneys will not work under this type of arrangement, but some will. Contact the attorney(s) you are interested in hiring to see if they will accept these terms.

1 Answer | Asked in Business Formation for Colorado on

Q: I am considering starting a campaign online to raise money for multiple charities.

I am considering starting a campaign online to raise money for multiple charities. My thought is a website allowing small donations into a bank account kept separate for just the campaign proceeds. The website will have a poll where visitors vote to decide what charities get the donations. All... Read more »

Tristan Kenyon Schultz answered on Aug 25, 2016

The idea is possible, but the legal requirements and costs will vary based on your plan. I suggest that you create a firmer plan and then consult with a business attorney. The costs for a basic campaign could be as little as a few hundred dollars (not including legal fees) to several thousand... Read more »

1 Answer | Asked in Banking and Business Formation for Colorado on

Q: Hi, We want to nominate a person who will deal with all the banking needs on behalf of our corporation, how?

Hi,

We are a Colorado based corporation, and we want to nominate a person who will deal with all the banking needs on behalf of our corporation in another state.

The bank in another state (Virginia) is asking us to provide some evidence that this person has authorization to open a... Read more »

Tristan Kenyon Schultz answered on Aug 20, 2016

Your idea can work. There are other more formal ways to achieve this too, but this will take time and money. Check with the bank, to see what they would like to see for "authorization".

1 Answer | Asked in Business Formation for Colorado on

Q: Can an LLC pay back initial investment first and then change to a different equity structure after that point?

I'm trying to structure a new LLC where 50% interest is divided in proportion to capital contribution and 50% is split 45/5 in "sweat equity." I want to have the first 50% (capital contribution) to get 100% of the profit distributions and/or proceeds from company assets until the initial costs are... Read more »

Tristan Kenyon Schultz answered on Aug 9, 2016

There are a lot of unknowns here. An attorney will need to review the articles of incorporation and bylaws before making any definitive statement. There are also a series of tax considerations that are beyond the scope of Justia's Q&A. I recommend that you contact a business or tax attorney.

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Colorado on

Q: Should I report a corporation filing Chapter 7 and hiding its main asset in a US shell LLC & has also commingled funds?

I learned my former employer will be filing Chapter 7 for his privately-owned corporation mainly because of (unsecured) judgments against it. It has very few assets other than the office building it owns which has about $500k of equity. The building was always the property of a US shell LLC whose... Read more »

Tristan Kenyon Schultz answered on Jul 16, 2016

There are a lot of things to consider here. I understand that you want to do the right thing, but you may be subject to NDAs (non-disclosure agreements) and other potential violations of privacy/confidentiality. The best advice is to contact a lawyer directly (at least the discussion will be... Read more »

1 Answer | Asked in Business Formation for Colorado on

Q: How should I file as an LLC?

I am starting a small business, landscaping to be exact, and I would like to file as an LLC. When I go to file in my state I see that the name is taken. Well, when I add LLC to the end of my business name it lets me go forward. Will adding the "LLC" to the end of business name make that much of... Read more »

Tristan Kenyon Schultz answered on Jun 30, 2016

There are a lot of issues related to naming (and trademarking). Simply adding LLC may work with the CO filings, but significantly limits trademarkability (and potentially introduces a potential lawsuit). Contact an attorney who can review the name and the conflicting name to assess your risks. That... Read more »

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