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North Carolina Business Formation Questions & Answers

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... Read more »

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 registered as an LLC;... Read more »

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 as...
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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 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 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 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 and... Read more »

1 Answer | Asked in Business Formation and Business Law for North Carolina on

Q: I am starting multiple companies at the same time. Do I need to incorporate each or can the be held as subsides ?

Paige Kurtz 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.

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina on

Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

Cameron Lambe answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate... Read more »

1 Answer | Asked in Business Formation and Trademark for North Carolina on

Q: Hello, I am starting a new business and already secured the domain name "mystockmarketsignals"...

Now, I found where someone else has a "service mark" trademark of "stock market signals".... Do I have to give up my original business name? Thx! Jim

As a follow up... why would the USPTO allow a trademark of these common words?...... A trademark should be a mark of distinction to set a... Read more »

Michael Gerity answered on Sep 11, 2017

Well, it sounds like you have not started using your mark in commerce, which is what is required to secure a priority date vs. another user. As such, if their mark is actually valid (federally registered marks are entitled to a presumption of validity, but that presumption can be overcome in... Read more »

Q: Are there any stipulations on naming a real estate company in NC? (Planning on flipping and/or renting properties out)

Will Blackton answered on Sep 4, 2017

I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example: "123... Read more »

1 Answer | Asked in Business Formation and Landlord - Tenant for North Carolina on

Q: I owned the building in which a family member ran a daycare. Never require her to pay rent. How do I get her out now?

We need to rent to another daycare.

Paige Kurtz answered on Jul 26, 2017

You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.

1 Answer | Asked in Business Formation, Contracts and Construction Law for North Carolina on

Q: How we can negotiate with contractor to finish the project?

Hi. We live in Concord NC. We signed a contract to build a new parking lot. The disign was signed and approved by the city. We paid the 88% already to the contractor and he didn't finish the job correctly. We talk all together with the engineer to let him know what he has to fix up. The engineer is... Read more »

Paige Kurtz answered on Jul 18, 2017

The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can terminate... Read more »

1 Answer | Asked in Business Formation for North Carolina on

Q: Does A person need A business license to start A digital marketing agency?

Will Blackton answered on Jul 7, 2017

Generally, no.

What types of good will you be marketing? Will you just be advertising goods or will you be fulfilling customer orders, by dropshipping for example? If you're doing more than connecting a customer with a company you may need a license, depending on the industry you're...
Read more »

Q: i am an app developer and need representation. I know that certain companies are interested in my apps.

I have had people who have stolen apps without permission, who have then sold my apps (properties) without my permission. I need a lawyer to represent me as retaliate as well as when I contact big name tech companies concerning offers. I need representation to help me draft contracts as well as... Read more »

Will Blackton answered on Apr 14, 2017

There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3... Read more »

1 Answer | Asked in Business Formation, Business Law, Products Liability and Consumer Law for North Carolina on

Q: Do you need FDA approval to resell an imported Personal Lubricant product on Amazon?

Peter N. Munsing answered on Jul 8, 2016

If you are packaging it from bulk for resale, probably. If you are just reselling a sealed package you have, I don't believe so but if you are a business why not contact your lawyer or insurance company.

1 Answer | Asked in Business Formation for North Carolina on

Q: I want to self publish on Amazon KDP and on Kobo and I was wondering if I had to start my own company?

I am in college and don't think I could run a business at the same time nor do I want to if I can help it but I'm worried about taxes.

Adam Studnicki answered on Jul 14, 2015

You can but don't have to. Talk to a good CPA about taxes.

1 Answer | Asked in Business Formation for North Carolina on

Q: Are there ways, other than the creation of an LLC/Corporation, to get limited liability for the owners of a website?

The website is a side project of us (not officially launched yet) and will mainly contain user generated content. Revenues may be based on ads but will not happen in the near future after launch. Such ways would need to allow us to benefit from DMCA Safe-Harbor, and stay personally protected... Read more »

Ray Beckerman answered on Sep 4, 2014

In the first place, the only way to get any form of limited liability is through setting up an LLC, or corporation. Secondly, limited liability will protect the shareholders from certain types of corporate liabilities, but NOT from tort liability such as copyright infringement, trademark... Read more »

1 Answer | Asked in Business Formation for North Carolina on

Q: What are the laws for having a one chair barbershop in your home?

Rodney John Alberto answered on May 11, 2011

if you want to do it legally, you should go down to your local municipality and tell them what you want to do. these are called "zoning laws."

1 Answer | Asked in Business Formation for North Carolina on

Q: Do i need a lawyer to start a business?

Rodney John Alberto answered on May 11, 2011

lawyers don't start businesses - entrepreneurs do. however, a lawyer can assist you in the maze of regulations, contractual requirements, and legal parameters. and if you plan on being big, you need to think big, and that often necessitates at least some involvement from an attorney. Rodney... Read more »

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