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Idaho Business Formation Questions & Answers

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on

Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... Read more »

Michael Hales answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

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

Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?

Michael Hales answered on Mar 9, 2018

It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

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

Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

Someone is threatening to take me to court over a business I am registered to as the owner. The other party was going to be added on as a part owner but the paperwork was never filed. Now we have decided not to work together. The other party wants money for the time spent helping the business... Read more »

Michael Hales answered on Jan 7, 2018

I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop him... Read more »

2 Answers | Asked in Business Formation for Idaho on

Q: How much does it cost to form an LLC?

Michael Hales answered on Dec 15, 2017

It costs $100 and can be done through the Idaho Secretary of State's website.

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

Q: What are the benefits of creating a company as opposed to doing business as an individual?

Michael Hales answered on Dec 15, 2017

This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate... Read more »

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

Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

Basically, if I wish to just walk away from the company if my partner dies, can the widow come after me for any $$$ outside of the LLC if I am willing to let her have the whole company? Thanks!

Glenn B. Manishin answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.

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

Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

the company in oregon is buying the clothes from us and then selling for their own profit. also for clothing lines, as a retailer do i need do i need anything else. for internet sales do i need any special licenses.

Glenn B. Manishin answered on Jan 16, 2017

Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.

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