If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?
1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?
2- if you... Read more »
answered on Jun 6, 2023
Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... Read more »
Live in India.. do we need to add his info as well or not required (part 5 of the form) because they are requesting SsN n address etc! But he doesn’t have any n is it mandatory to even add his info
The form is LLC/LLP request for information
We just established a company and we... Read more »
answered on Jun 1, 2023
Greetings. It appears you would like to know whether you need to include certain information on a document involved in a corporate formation. Whether you do or do not depends on the form and what the form is for. Your inquiry does not sufficiently specify the form and the purpose of the form... Read more »
answered on May 28, 2023
Your question might continue to be overlooked under the "Trademark" heading, which is more about intellectual property rights involving brand names and related issues. You could repost under "Business Formation" and "Business Law." But because your question appears to... Read more »
A deal I was working on recently fell apart. The deal involved a co-broker who represented one of city’s largest developers and my firm. Co-broker is one of the top brokers at one of city’s largest firms.
Over the course of the transaction my client and I worked closely with the... Read more »
answered on May 7, 2023
If you can prove the co broker published the information to multiple parties and that you suffered commercial damage to your reputation as a result, you may have a defamation case. The challenge is usually proving that any loss of business resulted from the broker spreading false information, and... Read more »
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
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answered on May 7, 2023
You can still proceed with trademarking the name as long as it meets the requirements for trademark registration, such as being distinctive and not causing confusion with existing trademarks in the same industry. However, keep in mind that if other businesses are already using the same name, they... Read more »
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... Read more »
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answered on Apr 6, 2023
Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on... Read more »
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... Read more »
Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.
answered on Mar 9, 2023
You must keep separate two concepts: the law of the state that will interpret a contract and where and whether entities are "citizens" (or, states in which they are doing business) of a particular state.
I don't have the benefit of your contract, but taking your language... Read more »
Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.
answered on Mar 9, 2023
Greetings. It appears you would like to know if a contract between a NY company and an out of state company that is unregistered to do business in NY is enforceable. Generally speaking, a contract between two interstate parties is enforceable, notwithstanding registration. A state's... Read more »
Drew up a contract with a client supposed to do a move on a particular day. Was not able to finish the move on that day due to circumstances. Client stayed behind the following day till the client that they could leave tried to work out other arrangements of the client didn't have to stay... Read more »
answered on Mar 3, 2023
Greetings. It appears that you are experiencing a dispute over your contract. Where a party is to perform by a date certain, the failure to meet that deadline is not a material breach of the contract, as contract performance is measured by reasonable performance. However, if the date certain is... Read more »
Drew up a contract with a client supposed to do a move on a particular day. Was not able to finish the move on that day due to circumstances. Client stayed behind the following day till the client that they could leave tried to work out other arrangements of the client didn't have to stay... Read more »
answered on Mar 3, 2023
In large part, the answer to your question depends on what the circumstances are that prevented your company from completing the move on the designated day.
Ordinarily, if a contractor promises to perform a service on a particular day and then fails to do so, the contractor is responsible... Read more »
Hi, I am a young social entrepreneur thinking of starting an L3C. However, there isn't much information on L3Cs, besides that they are hybrid ventures. Would an L3C be able to host a volunteer program? Can they also utilize donations alongside other revenue sources?
answered on Mar 2, 2023
Greetings. It appears you would like to create a hybrid not for profit. Please note, last checked, New York does not have a statute to create such not for profits. An organizer would have to create the hybrid in another state and then register to do business in New York. Once registered, the... Read more »
the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement
answered on Feb 17, 2023
First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... Read more »
Only 2 officers held 90% of shares.
Refused documents, Lied about stock agreements, used position to force actions of clear coersion.
Hid wills. Refused stock buyouts, zero dividend for 20+ years.
Used corporate financial capacity and derived income to buy real estate to... Read more »
answered on Jan 25, 2023
Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »
Dog purchase
answered on Jan 24, 2023
The business litigation attorneys here could offer the best analysis, but you await a response for two weeks. The short answer is that a contract signed by only one person could be enforceable. Some contracts could be in the form of a one-sided purchase agreement. If there's a significant... Read more »
I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... Read more »
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
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