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New Jersey Business Formation Questions & Answers
1 Answer | Asked in Business Formation for New Jersey on
Q: I own a registered ecommerence businesses in a split level home , My neighbor is coping me what can we do

I have a legal EIN and registered business with state and federal , what ever i do they copy to the excat measures i do I am not sure if they are legal or not

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2021

Your situation is something that will require an in person document review and more facts, which will be beyond what most attorneys would include in a free consultation. Paying for an hour of an attorneys time will be a wise investment and you will know how to proceed. During this pandemic, you... Read more »

1 Answer | Asked in Business Formation for New Jersey on
Q: If I start a nonprofit and am a board member or director, can I work as an employee and get paid a salary?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 22, 2020

That is a possibility, however, the entire concept and what you envision would require an in-person consultation, which would be beyond the scope of what most attorneys will include in a free consultation.

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Hello, I was thinking about starting an advertising/marketing business online where I’ll post on social media accounts.

What licensing will I need to acquire and how much will I be taxed or charged to hold the business

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 14, 2020

You need to speak with a lawyer, this not a question that can be answered in a free short question and answer posting as many questions need to be asked by the lawyer.

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3 Answers | Asked in Business Formation, Business Law and Trademark for New Jersey on
Q: What are the steps to ensure my business name is secure?

I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?

Barbara Berschler
Barbara Berschler answered on May 7, 2020

If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... Read more »

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3 Answers | Asked in Business Law, Business Formation, Intellectual Property and Trademark for New Jersey on
Q: Can a company use a different name than their registered business name in their advertising?

2 companies, same NJ town, similar names (names changed for privacy).

Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.

Company #2... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 21, 2020

If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... Read more »

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1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Defense for New Jersey on
Q: Should I have separate insurance policies for my rental LLC’s, or can it be a named insured on my personal policy?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 5, 2019

Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.

1 Answer | Asked in Business Formation for New Jersey on
Q: I’m not sure if I should set up a separate llc from my original or if I should add it under my current llc
Leonard R. Boyer
Leonard R. Boyer answered on Sep 12, 2019

What I almost always recommend to clients with very rare exceptions is to form a "C" Corp (INC) and have the "C" corp own each LLC, with no more than 1 project in an LLC at any one time. The LLC must be at least 3 members. This puts two layers of corporate protection between you and any problems.

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Business Formation for New Jersey on
Q: The road was not clearly closed and there were few cars with me who all passed this area. Should I plea not guilty
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 7, 2019

You could but you have not provided a defense, for example what does it mean by the road was not closed clearly? If you gave this defense to the judge without a clear explanation and proof, you will lose.

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business own

I have business since 20 years in India. Now I want to setup a business in USA and apply for L1-A visa as a business owner. My friend is living in USA so I will open a partnership ( 50 50 %) firm with him. What type of business type, we need to register to start a business in New Jersey state?... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 8, 2019

Good question, but if your looking to get an l1 you will need to do a lot more than just open a company in the US. First visit the US maybe on a tourist visa and while here setup an in office consultation and speak to an immigration lawyer who also knows business formation law.

1 Answer | Asked in Business Formation for New Jersey on
Q: If a nonprofit corporation name has not been renewed, can someone else make a nonprofit corporation under the same name?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2018

Yes, they would be able to, but it is not likely. So, I suggest that you renew it now.

1 Answer | Asked in Business Formation for New Jersey on
Q: I am involved with helping to start a non-denominational church in NJ. Which statues would apply to our church?

Specifically, I am looking for what is required in regards to officers and trustees. I am not sure if Title 15a or Title 16 applies. If Title 16 applies, does that mean no provisions from Title 15a apply? If Title 16 applies, which section is applicable to my church as a non-denominational church?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 5, 2018

The answer generally depends on how the entity is formed. You need to speak to a lawyer, I suggest you setup a consultation with one, it may cost you money for the consult, but at least you will get the advise you need.

1 Answer | Asked in Business Law and Business Formation for New Jersey on
Q: Registered LLC and co-founder question

The LLC was registered last May and I invited one of my friends to work together in September last year. Currently, I have 100% ownership. My friend wants to have 35% ownership. But based on his contribution, this percentage is too much high. We don't have any agreement in written so far. But... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 3, 2018

This is a prime example why people who want to set up a business need to retain an attorney to prevent problems, especially when you mix business and friendship. A one member LLC is useless. I would never set up less than a 3 member LLC for any client. The next thing you need to do is have your... Read more »

3 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Are we a true subsidiary? If not could we break away?

Our Japanese parent company, started this subsidiary back in the 80's. We purchase their products from them, pay them in full, and don't share the revenue from the deals that are made. That is the extent of the relationship. What really makes me question if we are a legitimate subsidiary... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2018

A lawyer would need to review at a minimum the formation documents for the business.

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2 Answers | Asked in Business Law and Business Formation for New Jersey on
Q: Do I need to hire an attorney to draft my new business's articles of formation or can I do it myself?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 11, 2018

Yes, you should hire a lawyer to make sure that they appropriate for you type of business otherwise you may have a problem in the future.

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1 Answer | Asked in Construction Law, Contracts, Business Formation and Business Law for New Jersey on
Q: My brother & I formed a site construction co. 3 yrs. ago, It was agreed that my name would not be listed as an owner

The agreement stipulated that the company would pay my back taxes of about $20000 in the first 6 months of operation at which time I would be listed as an owner.

I solely run the daily operations of this company,all clients were brought with me into this agreement.. In return for investing,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 29, 2018

You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not... Read more »

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: What are the state & federal rules & regulations for a residential cleaning business in NJ?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 21, 2018

No one on this forum, is going to do the research for free to answer your question. This will require a paid legal consultation with an experienced business attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally... Read more »

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3 Answers | Asked in Business Law and Business Formation for New Jersey on
Q: Once you decide to start a business how long do you have to retain a business license in the state of New Jersery?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 10, 2018

As long as you want to operate the business. You really need to have an in person consultation to set up the right corporate structure, have the proper protection for any intellectual property that you may have, as well as have contracts properly drafted to avoid unnecessary problems and potential... Read more »

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1 Answer | Asked in Business Formation for New Jersey on
Q: Is it required to purchase insurance during the business formation process?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 6, 2018

Some things are just prudent to do whether or not they are legally required. Business formation should only be done with the assistance of an attorney who knows the corporate structures and can help protect both you and your business from all sorts of problems.

1 Answer | Asked in Business Law and Business Formation for New Jersey on
Q: What business structure is right for us? What state should we form in? Is our initial approach sound?

*Regarding Corporate Law*

Our business plans to bid on and fill small-to-medium sized U.S. government defense contracts primarily regarding ammunition, firearms, and related military accessories. We currently have 2 employees (founders), and are located in New Jersey. As of yet, we have no... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2017

A good business lawyer would need to know much more information to give you the correct answer. I suggest you setup a consultation with one (lawyers charge for time and advise) and expect to pay a at least a few hundred dollars. But that small fee could save you thousands later on. Just for your... Read more »

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