answered on Dec 25, 2022
Every action that a corporate officer undertakes can potentially lead to liability under State and Federal Securities laws, banking laws, contract laws, fiduciary rules, and more. Your question is extremely brief. My guess is that it's only an iceberg question: meaning there is a lot more... View More
na
answered on Dec 18, 2022
If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More
If I sell bootleg ebooks on platforms like Etsy and Amazon that I have no legal rights of doing so,will I be facing any criminal charges from the government?
State NY
answered on Nov 29, 2022
You will likely be subject to a copyright infringement and/or counterfeit account ban and because you seem to have no licensing documents from the rights owners. Because you are apparently doing this knowingly, you will likely be permanently banned from these platforms without much of a chance of a... View More
Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.
My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... View More
answered on Nov 18, 2022
E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.
The business was never operational. Expenses we’re very minimal & no debt was accrued. I know some goes to taxes, but I get absolutely nothing back?
answered on Dec 11, 2022
This is a case where a creative retainer might be useful. Meaning, because the dollar amount is small, you can consult with an attorney who can help you draft the litigation documents, guide you through filing and service, and preparation before court appearances. This is a much better option than... View More
The business was never operational. Expenses we’re very minimal & no debt was accrued. I know some goes to taxes, but I get absolutely nothing back?
answered on Nov 17, 2022
Depends on what your deal was, and what an accounting would show. Very hard for $10,000 to make something happen here. You can sue, but it would cost a high percentage of the recovery unless others joined. For $10,000 you can do a small claims case in NYC, and see if anything shakes out.
I am trying to connect a wholesaler who sells products to a retailer who will resell that product online and I would receive Commission on the the profit that each of them make that each of them makev Do I need a special license for that and where would I find more information on the laws about... View More
answered on Nov 8, 2022
Unless you are selling highly regulated products such as chemicals or pharmaceuticals I don’t see that you would need any special license. What you need is a strong contract drafted by an experienced attorney to ensure your commission, along with a business strategy to prevent the wholesalers and... View More
Do i have any problems here? Or is this possible to partially own one company as another LLC ( B ) while still sharing ownership with a single individual of LLC (A)
So I want to start a business and sell a lot of things, but most want to create products using superhero logos from D.C comics and marvel. However am not sure if its okay for me to use it without having to ask permission or without me breaking rules of trademark.
answered on Mar 11, 2024
You may want to repost this under the "Trademark" heading. Your question is more about intellectual property than "Business Formation," the chosen category. Maybe consider adding the "Copyright" category as well, depending on what you plan to sell. Attorneys in those... View More
I got a lawyer and paid off the full amount. I also took my son off the account. I still wish to do business with that bank because I have multiple building and business in that bank. How would this affect my business and my bank relationship. What are my next steps and what will happen?
answered on Dec 2, 2023
I'm not understanding what amount had to be paid off and why. If everything is now straightened out, what would be the issue of continuing with the bank?
Jack
answered on Jun 21, 2023
Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.
answered on May 23, 2023
Generally, you're better off with a separate entity. Thereafter, keep things separate. Don't comingle.
Jack
I need to form a partnership so I can expedite obtaining a municipal license, then I need the partnership to merge with or be purchased by an s corporation of which there is one shareholder. The partnership will have no assets, it’s just to save me three months waiting to fulfill a strange... View More
answered on Mar 17, 2023
There are many types of partnerships. Have a free telephone consultation with counsel.
Jack
I own 25% of a business, a shop, in a 3 people partnership. If i were to no longer go in and offer manual labor but still keep the 25% I understand contributing 25% of the business expenses. But they say I have to also pay them them a salary based on how much percentage of the company they own. Is... View More
answered on Feb 14, 2023
Hello. It does not sound like a situation for you to remain in. As for your question, it is not entirely clear what you are asking. You may want to speak with a lawyer because there will undoubtedly be issues requiring clarification. That said, business ownership does not have to go hand in hand... View More
Plaintiff owns 75% of Company A. Defendant owns 15% of Company A. (So a third party owns the remaining 10%.) Plaintiff sues both Defendant AND Company A. The lawsuit seeks to dissolve Company A.
Two questions:
Defendant can obviously accept service on behalf of themselves, but... View More
answered on Sep 9, 2022
A shareholder, just by being a shareholder, cannot accept service. Service must be on an officer or director, or the registered agent. A minority shareholder can fight the dissolution, or demand a buyout based on the value of the corporation as determined by a court. The procedure is in the... View More
Am I protected from having my new site's logo/idea/branding infringed upon?
The new name will be listed as a project of mine/my DBA on both websites.
answered on Aug 1, 2022
A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More
I own a single member LLC in Wyoming but now live in New York. I’d like to create a newer NY LLC subsidiary with the out of state LLC as the parent company. Is this allowed?
Had a couple questions to avoid any legal issues!
answered on Dec 4, 2021
Your specific questions need to be provided. Tabaco products (business) may fall into several categories that can be highly regulated.
Would starting a new business in the same field violate my non compete? And if so, what is the penalty?
answered on Aug 6, 2021
First, no one could answer this without seeing the terms of your agreement. Second, even if you had a solid defense, another issue is whether your old company would sue you in any event.
I am a licensed LCSW. I want to start a private practice. I am trying to form an LLC for my business. Can I use the postal address that UPS provided me (which is a street address) as my address for starting this LLC, or do I need a physical address? I will not be conducting in-person therapy,... View More
answered on Aug 3, 2021
What most people do is use the physical address of the UPS Store, and call your box number your "suite". Just work it out with the owner to put that mail in your box.
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