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Illinois Business Formation Questions & Answers
1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for Illinois on
Q: US company refuses to Pay or give ownership. They are blackmailing me now.

In 2018, I went into an oral agreement with a person in the United States to build an online platform. I was responsible for all the tech from designs to coding etc. I live in Pakistan, we had this agreement orally over zoom.

He promised equity and delayed payment for my work. We agreed... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 23, 2021

You can sue him but it will be complicated and expensive

You may be able to sue in your country or in the USA

You should consult with an attorney to determine your options

1 Answer | Asked in Business Formation for Illinois on
Q: Is it legal to do aerial photography and 3d photogrammetry using a drone in IL to provide visual updates for client

I am not looking to give precise measurements, just visual inspections. Ideally would like to make this my business. I am achieving the part 107 license to fly commercially. Thus I am aware of the airspace restrictions. I am wondering about the legality of the above case.

T. J. Jesky
T. J. Jesky answered on Nov 27, 2020

This is a good question. First, if you are law enforcement, the Illinois statutes give you authority to fly the drone almost anywhere. But, since your not law enforcement, you are somewhat restricted. The law states that you cannot use a drone to interfere with hunters or fisherman. A number of... Read more »

2 Answers | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: I am starting a in home music lesson business and I wonder if I can hire all the teachers as independent contractors

It will be teachers from major cities in different state. I wonder if they can be independent contractors instead of employees

I set up a website with paid ads that matches teachers who are looking for students with families looking for teachers to teach their kids at home. The teachers are... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

The question of whether someone is an employee or independent contractor comes down to "control."

Additionally, the Internal Revenue Service uses a right-to-control test to assess a business' tax liability.

For example, if these musicians had specific hours of work,...
Read more »

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1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: If I want to start an arcade rental business. Will it be considered illegal in any way. I would be purchasing the arcade

Technically i would own the arcade and would just be providing a rental service for those who are interested

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

Arcade means an establishment that has five or more coin/token or other modes of activation operated amusement devices in an area dedicated to the housing of coin-operated amusement devices. Keep in mind, no alcoholic beverages may be sold or consumed in the area separate and designated as arcade.... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: I have a small business building furniture since 2018, I have not registered as a business but wanted to know

If I qualify for the SBA loan and grant program

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

Possibly. You need to prove what your payroll cost was for the last 12 months.

2 Answers | Asked in Banking, Bankruptcy, Business Formation and Business Law for Illinois on
Q: Hello, I am a business owner. I want to know if bankruptcy is an option for me.

I am a banquet hall business owner. My bank has refused to give me relief on mortgage payments because I was already behind 2 payments due to the increase in property taxes in the county. The bank has filed for foreclosure during covid and intends to appoint a receiver in June 2020. At this point,... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on May 18, 2020

I can't tell from your facts if you are facing a business bankruptcy, a personal bankruptcy or both. However, it sounds like you need a mechanism to stop the litigation and to liquidate debts in an orderly fashion. That is one of the functions of a bankruptcy case. I need to know more about... Read more »

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1 Answer | Asked in Business Formation for Illinois on
Q: Does an Licensed Illinois Structural Engineer who want to start a business in Illinois as a Single Member LLC required

to form a Professional LLC ?

Steve McCann
Steve McCann answered on Apr 23, 2020

While it is not required, it may be in your best interest to set up the entity as a Professional Corporation. In order to know for certain, an attorney would need to review the structure and goals of the business, to name a couple of considerations. That being the case, I recommend organizing... Read more »

2 Answers | Asked in Business Formation for Illinois on
Q: Need guidance with creation of Series LLC in Illinois. Need to put 3 rental properties in this.

Can I create this online and file with the state? What do I have to do? I have Hyatt Legal Plan but that does not cover this. Any guidance will be sincerely appreciated.

Cynthia Rote
Cynthia Rote answered on Feb 24, 2020

Yes. Go to the Illinois Secretary of State's website, business services division and you can find a lot of information there on how to create Series LLCs. There are certain steps you should take after creating them. For example, you will need a separate operating agreement for all of them,... Read more »

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3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

Jason Brooks
Jason Brooks answered on Jan 31, 2020

Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... Read more »

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1 Answer | Asked in Business Formation for Illinois on
Q: Hi, I have signed a partnership on an LLC with another partner 50/50 but we have not filed anything with the IRS.

Are these documents valid in court and am I still considered a legal partner?

Michael R. Smith
Michael R. Smith answered on Sep 8, 2019

To find out if the documents you've signed are valid and actually make you a member of the LLC or give you any interest in the LLC, you'll need to consult an Illinois business law attorney who will need to see the documents. However, no documents need to be filed with the IRS to create a... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: Do I need to be a LLC or similar? As an independent contractor Process Server I want to protect myself, home, car etc.?

I use my own car and am paid 1099 in my own name. In case of an issue during the serve or an auto accident while working I want to protect my family, house, cars etc from litigation/responsibility.

Michael R. Smith
Michael R. Smith answered on Aug 21, 2019

As an Indiana attorney, I'm not familiar with Illinois rules governing process servers, so I can't tell you if there are any specific provisions of those rules that might affect the answer to your question. But I can answer your question as a general matter.

As long as the LLC is...
Read more »

1 Answer | Asked in Business Formation and Contracts for Illinois on
Q: I received a call from an IT company . Demanding payment. Can they do this?

I did pay for their service several years ago but did no business with them afterwards. They indicated the service has been continued as the contract indicated auto renewal. They wanted $999.99 a year since 2016. They offered to settle for several lesser amounts and wound up settling for $199.99... Read more »

Peter M. LaSorsa
Peter M. LaSorsa answered on Jun 12, 2019

It would depend on the terms of the agreement you signed. And it would also depend on how they were taking payment from you and if they can prove you were given services or the services were available to you during that time. You should seek an attorney to review your agreement--pay the hourly... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: If I get a loan, do I need a promissory note too?
T. J. Jesky
T. J. Jesky answered on Oct 26, 2018

You can obtain a loan without any paperwork. For example, a co-worker asks to borrow $20 until next Friday. You make the loan and the co-worker pays you back next Friday. No worries. However, it is always a good idea to have some paperwork that documents what took place and what is expected.... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: What should we do if my business partners and I disagree about the basic business structure setup for our restaurant?
T. J. Jesky
T. J. Jesky answered on Oct 1, 2018

I always tell my clients that you want an odd number of Directors on the Board of Directors. Too many times an even number of Directors face a stalemate, where no decision can be made. Perhaps that's the solution to your problem. You need an odd number of partners, where your Articles of... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: How do you start a non-profit organizations? What legalities do you need to be concerned with a national organization?

We are looking to incorporate under the Alliance of Medical Education Professionals (AMEP). The group will provide membership to administrators across the medical specialty spectrum and provide numerous resources related to education, networking, professional development, etc.

T. J. Jesky
T. J. Jesky answered on Sep 4, 2018

The actual incorporation of Alliance of Medical Education Professionals is a very easy process. You need to file as nonprofit organization, also known as a non-business entity or nonprofit institution with the Secretary of State. It is just a matter of filling out some very easy forms and paying... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Business Formation for Illinois on
Q: I have a non-solicitation agreement as a contractor in Illinois. I would like to start an LLC under my wife's name.

Would I be in violation of that non-solicitation agreement if she is the owner of the business that will directly compete with my current employer? I will definitely be working for this new company. The non-solicitation agreement expires after 2 years. Thank you!

Steve McCann
Steve McCann answered on Feb 13, 2018

Yes, it is highly likely. However, a definitive answer is dependent on the precise language of the non-solicitation agreement with your previous employer. That being the case, I recommend organizing the non-solicitation agreement and any other information you believe is relevant to this... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: What factors should be considered in choosing the type of business form for my business?
Steve McCann
Steve McCann answered on Sep 18, 2017

There are numerous factors to be considered prior to forming your business, however one must know the type of business, your business plan, and goals prior to providing you with a comprehensive answer. Thus, I would recommend organizing all information relevant to your new business, and consult... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: What should I do to get started incorporating my new business?
Richard Michael Gee
Richard Michael Gee answered on Aug 21, 2017

I would recommend talking to an attorney about whether it makes more sense for you to incorporate or form an LLC from a tax and liability standpoint. Based on those answers, you can then decide whether to incorporate in Illinois or some other jurisdiction.

1 Answer | Asked in Business Formation for Illinois on
Q: How do I know if I should create an LLC for my company? What are the downsides?
John L. GreenLeaf Jr.
John L. GreenLeaf Jr. answered on Aug 3, 2017

This question is very complex for a short answer. Some general considerations are: do you need protection of your personal assets from potential business debts or liabilities; are there investors who do not wish to participate in the day to day activities but wish to invest and share in profits or... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: I have an MBA. Do I still need an attorney to help me file business formation paperwork?
Vincent Anthony Incopero
Vincent Anthony Incopero answered on Mar 30, 2017

There's more to the process than simply filing the articles,and that is the easiest part of the process. Keep in mind that there are plenty of attorney's that are not capable of property and thoroughly establishing an entity. You would be well advised to work with an attorney that has a... Read more »

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