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Hello,
If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?
for example: I have an old dba named Billy Bob's Home Video Distribution. I have agreements dating back to the 90s under that dba. I want to form Billy Bob's... View More 
answered on May 11, 2022
Good question. The first part of the answer involves the simple availability of the name; but, given its largely unique name, you will probably have no problems registering it. Second, what is the consequence of you changing your business from (perhaps) a sole proprietorship or (perhaps) another... View More
A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... View More
answered on Apr 29, 2022
If you receive college credit for the work, it is legal, like an internship.
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answered on Apr 20, 2022
If you make any income from your rental activity, per US Tax law, you must include it in your annual tax return. The way you organize or register your activity abroad is a matter of applicable local or international law abroad.
It would be used for a printing company name, not an automobile name. My assumption is it can't be copyrighted or reserved as a general word since it is a type of ship of war in common parlance. Thank you,
Tom
answered on Mar 26, 2022
Your question remains open under the Business Law/Formation categories. At this point, you could try reposting and adding the following categories - Trademarks, Copyrights, Intellectual Property. "Copyright" is in the main menu. You'll see "Trademarks" and... View More
the check was deposited into an account ,she claimed the person who had the same first name and last name as me as her husband to cash out $2400 stimulus check in may of 2020,I came to find out about the check cashed in march 2021,Irs sent me a check copy in August 2021,I made a police report but... View More
answered on Mar 2, 2022
If I was in your situation, I would gather all of the information, hire a civil attorney, and sue her and the imposter for the amount of money stolen, as well as the cost for litigation. After filing the suit, I would also subpoena the place for footage of the transaction. Hopefully it still... View More
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
answered on Jan 24, 2022
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... View More
it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS
answered on Jan 20, 2022
It will depend on what you use his credentials for.
Consult with an attorney.
The LLC has had no business transaction or anything of my knowledge. It was made 1 year and 3 months ago by another Company that had made it for me without me actually being ready for it and then when I told them I don’t think I was going to be ready yet they completely cut off connections with... View More
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answered on Jan 19, 2022
If the legal entity is an idle and unutilized shell, it's best to dissolve it.
At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... View More
answered on Jan 17, 2022
They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.
If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts... View More
My old contract says lifetime price guarantee but nothing about if new owners come.
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answered on Jan 10, 2022
You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.
Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):
Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... View More
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answered on Jan 10, 2022
A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.
I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?
answered on Jan 8, 2022
The notarization is not required, but usually done to prevent allegations of fraud.
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... View More
answered on Jan 3, 2022
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are... View More
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answered on Dec 26, 2021
It appears that unless you're entirely secluded from contact with others, you must wear a mask in a business setting. Also, business or venue must choose whether it will implement a full-course vaccine requirement or a mask requirement, which applies to both patrons and employees and then... View More
The amount that is owed originated from a service that the company performed at my home.
Can I call the law firm directly and offer to pay the full amount without filing an answer to the summons at the court?
Location: Nassau County, NY
Thanks
answered on Dec 10, 2021
Sure. But make sure you have a written agreement that after payment the case will be dismissed with prejudice.
The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.
The service... View More
answered on Dec 9, 2021
A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.
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answered on Dec 7, 2021
It's a matter of knowing how your business is organized and what it consists of. Is your business an entity or are you a sole proprietor? Are you the sole owner or do others own an interest in your business? Are there other constraints on selling all or part of your business? Do you transfer... View More
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.
Assume I'm the owner of the restaurant and separately am an Executive Director of the nonprofit. I would not charge a rental fee to the nonprofit, but I would be profiting off food and beverage sales. Does this violate Section 4941 of the IRC?
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answered on Nov 29, 2021
There is a way to structure it without a violation of Section 4941 of the IRC.
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answered on Nov 21, 2021
It all depends but the by-laws should provide a way to create and assign (a) an executive committee and (b) equip it with powers.
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