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Florida Business Formation Questions & Answers
1 Answer | Asked in Business Formation for Florida on
Q: Can I hire an employee before officially registering my business?
Andrea Wheeler
Andrea Wheeler
answered on Aug 18, 2018

You can but it would not be recommended. You should form a business entity first so that you have personal liability protection.

1 Answer | Asked in Business Formation for Florida on
Q: At what point in a business formation process do I need to have insurance?
Andrea Wheeler
Andrea Wheeler
answered on Aug 17, 2018

To ensure optimum protection, you should obtain insurance right after the business is formed.

1 Answer | Asked in Contracts, Business Formation and Business Law for Florida on
Q: My informal business partner is not pulling his weight and I'd like to take the product and move on without him.

I wanted to start a company with an associate of mine a few years ago. We agreed on how we would structure the company and what our roles would be. I would develop the product and he would handle business and sales operations.

Without the company being formalized, I created the product... View More

Romy B. Jurado
Romy B. Jurado
answered on Jul 19, 2018

You may have formed a general partnership. A partnership is a business form created automatically when two or more persons engage in a business enterprise for profit. I would have him signed documents stating that no partnership was formed and disclaiming any rights to the product.

3 Answers | Asked in Business Formation for Florida on
Q: Do I need to form a corporation to buy an existing business in my town?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2018

There are several ways to organize a business, a corporation is one of them. You should consult with an attorney in your location.

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1 Answer | Asked in Business Formation for Florida on
Q: How do I register my business in Florida?
Andrea Wheeler
Andrea Wheeler
answered on Jun 13, 2018

It depends on what type of business you are registering. Check out the Florida Department of State, Division of Corporations' website.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Looking for guidance on whether or not filing as a foreign corporation is needed in this case?

An independent contractor has a corporation in Florida. He is the only employee under his own corporation. He is planning on managing several cell phone stores for someone else in Arkansas. He is paid via contractor check at the end of the year. Will he need to file for the Arkansas Certificate of... View More

Eric  Day
Eric Day
answered on Jun 5, 2018

I am not an attorney in Arkansas, however, after looking at the statute, I do not believe he would fall under any of the exceptions in the law. The reason I say this is he would meet an exception if he were paying an independent contractor to do the work for him in Arkansas. However, if he is... View More

1 Answer | Asked in Business Formation for Florida on
Q: Could a cosigner be sued in the event of an accident

My mother is co-signing for me for dump truck which makes her co owner. I haven't stablished in LLC solely in my name. In the event that there's an accident could my mother be sued? Is there a circumstance that could occur where my mother could be sued or held liable?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 14, 2018

Mere co-signing doesn't necessarily make her a co-owner. But she could be considered your business partner, in which case she could be deemed liable. Be sure you have adequate vehicular liability insurance at least.

2 Answers | Asked in Business Formation and Estate Planning for Florida on
Q: I want to settle an irrevocable Delaware Dynasty Trust to transfer membership interest in my LLC to my mother.

My mother will be the initial beneficiary. Can I, the settlor/grantor, be named as the succeeding beneficiary since I'm her only heir. I am trying to change the LLC from a sole member LLC to a multi-member LLC to qualify for charging order protection.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2018

You probably should ask this question in Justia › Ask a Lawyer ›Delaware ›.

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1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: If I own an investment company IBC in Belize under a nominee director and shareholder, am I a CFC? (View details)

So I own an investment company we invest in currency exchange. The IBC was opened in Belize under a nominee director and shareholder, we have no actual dealings with US products or persons and everything is done online, I plan on bringing all the money back to states and declaring it as personal... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

This is way too complicated a situation to be answered via this type of forum. You need to hire a tax attorney or accountant to review this situation and give you specific advice.

1 Answer | Asked in Bankruptcy, Business Law and Business Formation for Florida on
Q: Just received confirmed Ch 13.plan and BK atty won't definitively answer questions regarding what is allowed now

Specifically, I am limited to 10k monthly income. Can I have an S Corp that retains earnings such that my 1040 income remains at 10k? Can I buy a home? Don't own one.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 8, 2018

I don't see any problem with a Chapter 13 debtor creating a corporation post-petition. How your present income, a part of which is presently committed to the Chapter 13 plan can get given to the corporation is another matter. The creditors may very well object.

If you can finance a...
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2 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Does a new owner that buys a Florida sole member llc which is a disregarded entity by the IRS need to get a new EIN?

What does the seller and buyer need to do to inform the IRS there has been a sale?

Send letter to IRS once the sale is complete or report the sale of the business assets on Form 8594 and Form 4797, and attach these forms to your final tax return. Form 8594 is the Asset Acquisition... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2018

No, the current EIN will work.

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2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for Florida on
Q: Went to infiniti dealer got a used car and trade in my car sign all the papers now 4 days later got a call from a bank.

To get an approval for a auto loan and I don't know why this happen cause I was already approved by a credit union and sign papers of payment and interest.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 13, 2018

No way to say without first reviewing the paperwork that you signed. Best advice, is that you take copies of your paperwork to an attorney in your area to have the same reviewed and then determine what your next course of action is.

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1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: I live in Florida. I recently got promoted to a position within my company that I've been at for three years.Less than

90 days later the position was eliminated. All I want to do is go back to the route I was working and the same status I was at before I got promoted. No hard feelings. However, the HR staff is telling me I have to start from the bottom and work my way back up again? Mind you I have at least one... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 26, 2018

I truly do not know the answer to your question, as I do not have employment law questions. I do know that you really need to consult directly with an employment law attorney from your area asap about this issue. In my opinion is does not sound proper they an employer can do this, but again you... View More

2 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Florida on
Q: Have all citizens of the US and their property have been pledged to a public charitable trust as collateral?

Have all citizens of the US and their property have been pledged to a public charitable trust as collateral for the national debt? If so when and how did it happen?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2018

No, it is a fantasy of the so-called "Sovereign Citizen" movement. There is absolutely no truth to this myth.

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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Florida on
Q: When a seller financed loan is not paid, who is responsible to pay back? (Business was resold with loan)

I bought a business, seller financed for 60k. I sold the business for 30k with approval of the original seller stating he would take the lower amount since business was loosing money. Business was sold and lawyer put a escrow account for new owner to put payments into and the payments go back to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 16, 2018

No way to say without first reviewing the loan paperwork. If you signed a personal guarantee and never got a release of that personal guarantee, then you may be on the hook for the loan.

You need to consult with an attorney in your area asap to get a thorough evaluation.

Good luck,

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for Florida on
Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

We have a for-profit LLC that we wish to convert it into a not-for-profit organization. We sell physical products and donate 100% of our profits already.

We would like to know if it is possible for a not-for-profit organization to be legal and retain its status if instead of doing the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 16, 2018

Short answer. Maybe. However this question is beyond the scope of this site.

You need to consult with a business law attorney on this issue as it is more complex than just a simple yes or no answer.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

It is on Facebook. Closed group and everyone knows its for a book. Everyone is deciding the Everything, title,layout,design where money goes, i mean everything and they all are active with plenty of comments .

They will all have the title of authors and so noted in the book.

I know... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.

1 Answer | Asked in Business Formation, Business Law, Libel & Slander and Employment Law for Florida on
Q: Do I have a case? Victoria secret fired me claiming I stole from them. Never happened

1. Their policy is to check employees bags after their shift end. I've purchased items at the store, twice I had an item in my bag. I furnished receipt the item was returned. The second time, I couldn't find my receipt. However, there's a way to look up purchased items using the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 23, 2018

Absolutely no way to say based upon the information stated. There is obviously written documents involved. The first step is to hire an attorney to review and evaluate the documents and any other information.

Most likely your desire to sue Victoria’s Sectet will be too costly to pursue....
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2 Answers | Asked in Business Formation, Business Law, Estate Planning and Intellectual Property for Florida on
Q: Bus. partner died in November. No will. No family. Bus. over 1 million in debt. Need to close. Can I w/o judge approval?

Nobody has opened his estate and I do not want to be involved with administration obligations which will end up being very costly. Can I close business without an estate judge approval and reopen another one with me being 100% shareholder in the new one with the assumption that if one day... View More

Mark Siegel
Mark Siegel
answered on Jan 11, 2018

One would need more facts to provide you with a useful answer. Are there business assets that you would use? Did the other shareholder personally guarantee the debt? Did you? Where there other assets owned by your former business associate? As you may suspect, perhaps the best and most prudent... View More

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2 Answers | Asked in Business Formation for Florida on
Q: I opened business checking account before incorporation effective date, how big of a problem is this?

I filed articles of incorporation for a Florida c Corp and put a future effective date. Prior to the effective date I opened a business checking account and deposited startup funds from myself and another investor. The initial board of directors meeting minutes that authorize the opening of the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2018

It's not a problem. At the organizational meeting, to be held pursuant to Florida Statute 607.0205, the board of directors should ratify your actions, and acknowledge liability for those startup funds.

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