Get free answers to your Business Formation legal questions from lawyers in your area.
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.
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
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
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
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... View More
answered on May 2, 2023
The requirement for three unrelated directors is not a hard and fast rule. It is true that the IRS's Technical Guidance (the internal document that IRS uses to guide its revenue agents if they find themselves auditing a 501(c)(3)) teaches their agents that a small board of related people might... View More
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
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
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?
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
I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.
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.
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
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
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?
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
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?
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
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
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
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?
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.
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?
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
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
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.
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
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... View More
No personal guarantee was signed.
Will they still need to file for a doing business as name?
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.
I want to start my own business selling hand made goods and I'm not sure where to start.
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
answered on Mar 1, 2018
It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.
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