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Ohio Business Formation Questions & Answers

2 Answers | Asked in Business Formation, Business Law and Contracts for Ohio on

Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

Don’t have more information

Matthew Williams answered on Jul 8, 2019

Any lawyer could sue a big company, but without more information none is going to.

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1 Answer | Asked in Business Formation and Business Law for Ohio on

Q: Do I have to give credit to former group members when starting up a software company?

I am interested in creating a program that I started in college for a capstone class. In the capstone class I worked with a group and did research for the program but we never finished it or put it forward as a complete product. I am using some of the feedback we received from the version of the... Read more »

Joseph Jaap answered on Jul 8, 2019

Ideas themselves are not patentable - they have to be put into use. If you alone write a program based on ideas developed by a group, then unless there was a contract or other agreement among the group or with the college, you own the copyright on the program, and are entitled to profit from the... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on

Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on

Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

I bought a car through a dealership, A, and I make my official car payments to loan group B. I did not have enough money at the time for a down payment, but worked out a monthly plan with A while still making payments to B. So thats $420 to A, monthly and another $226 to B, monthly. I had about 3... Read more »

Joseph Jaap answered on Apr 9, 2019

If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on

Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak

Neil Klingshirn answered on Jan 27, 2019

First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are... Read more »

1 Answer | Asked in Business Formation for Ohio on

Q: LLC agreement between partners

Notwithstanding the foregoing provisions of Section 8.2, should the sole remaining Member be entitled to and elect to acquire all the Interests of the other Members of the Company in accordance with the provisions of Section 8.2, the acquiring Member may assign the right to acquire the Interests to... Read more »

Matthew Williams answered on Aug 3, 2018

And what is your question? If you want to know what it says...its important to have Section 8.2 as well.

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Ohio on

Q: How do my husband and I create a 2 person member LLC for a rental property?

We are not running it like a true business, we have no employees, just collecting rents. It appears there are different rules for a community property vs. non-community property state (Ohio). We are just wanting something simple not having to create a partnership or joint venture, is this possible?... Read more »

Joseph Jaap answered on Apr 5, 2018

An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal... Read more »

1 Answer | Asked in Business Formation and Business Law for Ohio on

Q: What legal steps are necessary to open an eliquid company?

Looking for any detailed information on the necessary legal documents and steps to opening an e liquid company?

Matthew Williams answered on Jan 3, 2018

Get a lawyer to help you with this. Opening the company is fairly straightforward, but there are lots of regulations concerning the packing and sale of these products and you need to be familiar with them.

1 Answer | Asked in Business Formation and Business Law for Ohio on

Q: What forms do I need for an online business??

My boyfriend and I are trying to start an online business. Would this be considered a partnership? If so, do we need a partnership agreement? Does that agreement need to be also signed by a lawyer? (We don't have money to consult lawyers about these things). As far as when we are filing our taxes,... Read more »

Joseph Jaap answered on Sep 13, 2017

Those questions cannot be answered on-line. If you want to start your business properly, and avoid future problems, then you need both legal advice and tax advice. So you should save up enough money to obtain that professional assistance so you can start the business correctly. You and he would... Read more »

2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on

Q: I am entering a partnership with someone and need assistance on how to protect myself.

She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with rights to the... Read more »

Joseph Jaap answered on Aug 22, 2017

You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.

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1 Answer | Asked in Personal Injury, Products Liability, Business Formation and Business Law for Ohio on

Q: I'm creating a game that has people travel the city. If they are injured, am I liable? Do I need a waiver or insurance?

Players will not be on my business property. The game utilizes different symbols or locations in the city like a scavenger hunt.

If I would be liable for injuries, would having a mandatory waiver as a part of my website's terms and conditions (that players must agree to in order to play)... Read more »

Peter N. Munsing answered on May 3, 2017

As you describe it, if you make part of the rules they comply with all laws etc you shouldn't be liable. If it's a drinking game, that might be different.

2 Answers | Asked in Business Formation and Business Law for Ohio on

Q: Is an operating agreement same as lease agreement between a holding & operating LLC?

Glenn B. Manishin answered on Mar 22, 2017

No, an operating agreement governs how an LLC enitity is run among its members (essential shareholders), including division and distribution of profits, not an agreement between two or more LLCs or other legal corporate entities.

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1 Answer | Asked in Real Estate Law and Business Formation for Ohio on

Q: I am working with multiple partners to put together a LLC to purchase a commercial property. Can I take a fee.

I am getting a few partners to pool $100,000 as a downpayment on a commercial property that is $600,000. Obviously we are getting a loan for the rest. Can I take a fee from the downpayment proceeds for putting the contract together. A percentage, like 5% to 10% of the downpayment, I was hoping. I... Read more »

Matthew Williams answered on Mar 6, 2017

You should discuss your business plan privately with an attorney. It sounds like you may be involving yourself in transactions which require a license that you do not have.

1 Answer | Asked in Business Formation for Ohio on

Q: Various Questions about filing as an LLC in Ohio

We are looking to file as an LLC in the State of Ohio. We have a few questions in particular about taxes and finances. We've been in business for around a year now, as a sole proprietorship. We've recently become pretty successful, we are on track to make much more than expected. We're a I.T.... Read more »

Adam Studnicki answered on Aug 11, 2015

Sounds like you'd benefit from building a relationship with a good CPA. In addition, you'd likely benefit from talking to a business lawyer. If you're running a serious business, you want to make sure you're protecting yourself, including using agreements tailored to your business and not... Read more »

2 Answers | Asked in Business Formation for Ohio on

Q: How do I make separate websites making online income part of one LLC in Ohio?

I'm not sure how to make sure my websites are "part of" of LLC business in Ohio. I recently established an LLC for my online media and website incomes. Each time I create a new income earning website, what steps do I need to take to make sure that website is part of the LLC, or shall I say a... Read more »

Matthew Williams answered on Mar 12, 2015

You really just need to make sure the LLC is responsible for the websites. An LLC can be set up to engage in a specific industry or can even be very broadly defined to "conduct all lawful business." Found an LLC and define it as a company engaged in ecommerce and then use the LLC to set up various... Read more »

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