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North Carolina Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: How to change ownership of a s-corp?

I want to turn my s-corp into a woman owned company by bringing in my wife as the 51% share holder. This is in order to win contracts that are only open to minority and women owned companies.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

It depends on a number of issues. First, what type of entity is your company? Is it an LLC or Corporation? Either can elect to be an S-Corp as this is simply an election on how to be taxed by the IRS.

Either way, it would be wise to add your wife as an owner by creating a set of company...
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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for North Carolina on
Q: Can I start a security guard company by hiring qualified personnel? What are the requirements for this?

I was wondering if I could hire qualified people to work for my security guard business without having a security license myself.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2024

Starting a security guard company involves several important steps beyond just hiring qualified personnel. First, you need to ensure that your business complies with local and state regulations. This typically includes obtaining a business license and registering your company with the appropriate... View More

1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark for North Carolina on
Q: I set up a blog about medicine and supplements. And I want to know if the name will get me in trouble. Doham.org

The name I selected is Department of health and medicine. In the about us section of the website, I have a disclaimer, saying that we are not a government organization. I am not making money from this website yet, but I plan to in the future. The LLC name is completely different so I will be DBA... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Based on the information you provided, there is certainly a possibility that you could run into issues with that name. The best way to avoid receiving a cease and desist letter is to perform a comprehensive clearance search of the name before putting it in use. A proper search will reveal any... View More

2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
Will Blackton
answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
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1 Answer | Asked in Business Formation for North Carolina on
Q: Can I form a NC nonprofit to help me support my 91 yo mother who suffers from alzheimers and dementia?
N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

The purpose of a nonprofit is to provide resources or other support to a specific group of people who need the resources and support. To be approved for nonprofit status, a business or organization must describe its mission to the government. Then the government will decide whether the mission is... View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: Can I form a nonprofit to help me support my 91 yo mother who suffers from alzheimers and dementia?
N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

The purpose of a nonprofit is to provide resources or other support to a specific group of people who need the resources and support. To be approved for nonprofit status, a business or organization must describe its mission to the government. Then the government will decide whether the mission is... View More

1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: If I wanted to use pura vida yoga for my business name, is that okay?

I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.

Ina Shtukar
Ina Shtukar
answered on Feb 15, 2021

I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for North Carolina on
Q: Business partner locked me out of all company-related accounts. Both are 50% owners. What can I do? Details below.

My business partner got power-hungry and locked me out of my company email and quickbooks account as well as the bank account. She has contacted customers and told them to cease further communication with me. What can I do legally? I am 50% shareholder and a company officer.

State: NC... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2020

A North Carolina attorney could advise best, but you await a response for two weeks. Your post could be a little bit difficult to respond to. Unlike many of the basic general legal questions that are posted here, your matter appears complex in nature. To give you any kind of meaningful guidance, an... View More

Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson
answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson
answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More

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1 Answer | Asked in Business Formation for North Carolina on
Q: My HOA filed articles of incorporation with the NC Secretary of State in 1975.

We never acquired an employer id number (EIN) from the IRS. We have never filed a tax return. Are we a valid corporation? Are we a valid HOA? Can the NC SoS revoke our charter? What would that mean vis-a-vis the validity of the corporation?

The age of the HOA means that it does not... View More

David Allan King
David Allan King
answered on Aug 23, 2020

Presuming you formed an LLC with your articles of incorporation, you were required to file an annual report and pay a fee each year. If you fail to file an annual report, the state can dissolve your LLC under § 57D-6-06. You can verify whether the LLC has been dissolved on the Secretary of State... View More

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Contracts for North Carolina on
Q: How can I protect myself from the customer suing me?

Hi I have a marketing business where I put up Facebook ads and connect contractors with potential customers

My question is if the contractor breaks something, doesn’t fulfill the job, or the work is faulty and damages the home how can I protect myself from the customer suing me?

Phil Cardis
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Phil Cardis
answered on Jul 9, 2020

It would help to have a clear disclaimer in some form as to the limited role your marketing company plays in connecting contractors with prospects. Not sure what information you are using to market but best to disclaim those representations as well in some manner.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for North Carolina on
Q: Is it legal for me to use another company's logo on my ad/website?

I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?

Evelyn Suero
Evelyn Suero
answered on Jun 3, 2020

Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... View More

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Feb 4, 2019

Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

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1 Answer | Asked in Business Formation, Trademark and Intellectual Property for North Carolina on
Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be... View More

Will Blackton
Will Blackton
answered on Sep 28, 2018

Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long...
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1 Answer | Asked in Bankruptcy and Business Formation for North Carolina on
Q: When filing for bankruptcy on an LLC. If the owners were given a salary. Will they be required to pay it back.

No personal guarantee was signed.

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

Not likely, no.

1 Answer | Asked in Business Formation for North Carolina on
Q: What if a person filed an Limited liability company with the name of the business will they still need to file for DBA?

Will they still need to file for a doing business as name?

Will Blackton
Will Blackton
answered on Mar 6, 2018

A business should file a certificate of assumed name or d/b/a if the business is using a name /other/ than the name it has registered with the N.C. Secretary of State in organizing its LLC.

1 Answer | Asked in Business Formation for North Carolina on
Q: How do I start a Sole Proprietary Business in NC selling hand made goods?

I want to start my own business selling hand made goods and I'm not sure where to start.

Will Blackton
Will Blackton
answered on Mar 6, 2018

A sole proprietorship is a business owned by one person, which has little legal significance separate from its owner and usually requires no governmental filing except a fictitious-business-name statement, which discloses the name under which the business will be conducted and the owner's name... View More

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