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Florida Business Formation Questions & Answers
3 Answers | Asked in Business Formation for Florida on
Q: I’m part of a Business where I have a lower percentage than everyone else. Do I invest equally? Or based on my percentag

We have been investing based on percentage.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

You should review your business documents such as your Corporate Bylaws or LLC Operating Agreement. You would want to contact an attorney and have them take a look at the documents that you do have in place, and if there are none in place then it goes to state default statutes. You really need to... Read more »

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2 Answers | Asked in Business Formation for Florida on
Q: Can I have a copyrighted word in my business name? (LLC)

The word is Expedair. Looks like it is an Air Cananda copyrighted word for one of their services.

Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

This could amount to trademark infringement. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. This... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: can a county tourism dept and landfill pilot drones without a part 107 licence?

if not, can somone persue legal thru attorney representation

Linda Liang
Linda Liang answered on Oct 7, 2021

You can conduct research as to the local regulation with the help of an attorney. You can also hire an attorney to challenge this act following certain procedure. Hence, the short answer is yes.

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1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

1 Answer | Asked in Business Formation for Florida on
Q: want to get a Dba and i have to publish it in newspaper not sure how and what address i will put if my store is online

I will be starting a online business and decided to go with sole proprietor. And i have doing some research and i want to get a Dba and i know im supposed to publish it in a news paper but not really sure how and i know im supposed to put an address also for the newspaper but my business will be on... Read more »

Keith Kanouse
Keith Kanouse answered on Aug 12, 2021

In Florida, Section 865.09 of the Florida Statutes requires the one-time publication of a legal notice of the fictitious name in a newspaper in the county where the principal place of the business will be located. I believe your residence address would be the location of your business.. After... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: assumed liabilities of asset purchase

purchasing a company and forming a new tax ID and name to rebrand company. Am i liable for any previous tax burdens or IRS audits?

Linda Liang
Linda Liang answered on Aug 4, 2021

If you have a new EIN, you did not purchase a company. You purchased business assets. You are not liable for its previous tax burdens or IRS audits.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: What laws and guidines would I need to start a temp agency for on call employees similar to uber?

What protection is needed?

Jane Kim
Jane Kim answered on Jul 27, 2021

To start, you'd need to be more protective and discrete about your business ideas without disseminating them on the internet. And if you believe in your idea, you'd need to include legal costs as part of your start-up costs.

Good luck.

2 Answers | Asked in Business Formation for Florida on
Q: If I am employed with a non-profit organization and I test positive for covid 19??

Does the non-profit organization have to pay me while I'm out during quarantine until I'm able to return to work??

Linda Liang
Linda Liang answered on Jul 19, 2021

It depends on the term of your employment agreement.

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1 Answer | Asked in Business Formation for Florida on
Q: Can a Life Coach advertise that they offer Marriage and Parenting Counseling
Linda Liang
Linda Liang answered on Jul 12, 2021

You may want to see if there is a conflict of interest. If there is, it could be unethical.

1 Answer | Asked in Business Formation for Florida on
Q: I filed an LLC in Orlando, Florida. I'm the operating owner and I listed my daughter as the AR-Authorized Representat.

Does the AR have to be listed as a member?

Keith Kanouse
Keith Kanouse answered on May 20, 2021

Is the LLC manager-managed or member-managed. If she is a manager and/or member, she must be included in the Articles of Organization.

Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.

I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on... Read more »

Linda Liang
Linda Liang answered on May 10, 2021

This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an... Read more »

1 Answer | Asked in Business Formation for Florida on
Q: I just started a mobile bartending business LLC. Which type of business license do I need to obtain in the state of Fl
Terrence H Thorgaard
Terrence H Thorgaard answered on May 7, 2021

You probably will need a liquor license. Contact the the Florida Department of Business and Professional

Regulation, Division of Alcoholic Beverages and Tobacco (DABT).

4 Answers | Asked in Business Formation and Business Law for Florida on
Q: Needs a Professional to help me register my LLC in Florida

Please, I am looking for an expert who can help me register my LLC with the state of Florida

Evelyn Suero
Evelyn Suero answered on Apr 27, 2021

Business lawyers in Florida can assist you with registration of your LLC in Florida.

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1 Answer | Asked in Business Formation for Florida on
Q: Forming a LLC in Florida to buy 2nd home, can I list condo address as the place of business before we take ownership?

We have not closed on second home condo. We want the condo to be owned by me and my wife's new LLC we are forming in Florida. On the LLC application, it asks for Place of business in Florida. Can we list the condo address as the Place of business before we technically own the condo? If we do,... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 23, 2021

I would initially use your first home as the place of business and then amend the Articles of Organization once you have closed on the second condo.

1 Answer | Asked in Business Formation, Identity Theft and Landlord - Tenant for Florida on
Q: How can I find an attorney that specializes in providing privacy to normal street Joes that have a w2 job & a house?

I just want to minimize my digital footprint exposed to the public by municipalities and commercial data brokers.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2021

To the best of my knowledge, no such attorneys exist.

IMO, what you want to do is not possible in this nation of laws that intentionally encourage unlimited commercial advertising with its corresponding egregious invasion of privacy coupled with complete "transparency" of...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Back in 2005, how would a Florida general partnership transfer its assets when it changes to a corporation?

If a Florida general partnership incorporated in 2005 to become an S-corp, what steps would they have had to take in order to properly transfer the partnership's assets to the corporation? Is there a Florida statute regarding how this is done or are assets just automatically transferred? Does... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 13, 2021

You have to prepare a Bill of Sale and other transfer documents depending on the nature of the assets from the GP to the Corp. This would be the capital contribution of each partner as each partner would become a shareholder in proportionate to his or her partnership percentage. You would also... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Florida on
Q: Can a partner be forced to "move on" if no partner agreement was signed?

I work at a restaurant in Florida where the GM -- we'll call him John -- is also a part owner of the establishment. Another owner -- we'll call him Chuck -- is also the owner of the building -- from whom the space is rented. And finally, another owner is the chef -- We'll call him... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

This fishy "Contracts, Business Formation and Business Law " story sounds like it was taken right out of a business law course at Santa Fe Community College; otherwise why would you--a mere observer--be interested in knowing how "John" and "Chuck" should show "Rob" the door?

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1 Answer | Asked in Business Formation for Florida on
Q: Can I legally work as a handyman in Florida without a license if I'm not doing contractor type work in residential homes

Because the State of Florida does not issue a handyman license for the small jobs that I'm trying to do there is no license form such as caulking windows Doors lawn maintenance fence repair kitchen cabinets and so forth being that the state does not issue handyman license is can I legally work... Read more »

Keith Kanouse
Keith Kanouse answered on Mar 19, 2021

Yes are correct but you may need a business (occupational( license in the county in which you do business. If you do business other than the name of your LLC you will have to comply with Florida's Fictitious Name Statute set for in Section 865.09 F.S.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I had a LLC administratively dissolve in 2015. Can I create a new LLC with the same name instead of reinstatement?

No business was conducted from 2015-present under that name. No outstanding debts or contracts either. The name is really the only asset, but I don't want to pay $1000+ in fees. The name of the expired LLC is still available.

Keith Kanouse
Keith Kanouse answered on Feb 20, 2021

Yes you can.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: My business was vandalized by another bussiness. I am suing for fraud.
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

Fraud would not be the appropriate cause of action based on these facts. However, there may be other causes of action including trespass. Please contact me to discuss further.

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