Pennsylvania Business Formation Questions & Answers

Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?

1 Answer | Asked in Business Formation and Workers' Compensation for Pennsylvania on
Answered on Nov 14, 2018
Timothy Belt's answer
If there are truly no employees, workers' compensation insurance may not be necessary. However, if anyone works for the company you may want to have the relationship reviewed by an employment attorney to make sure it isn't an employer/employee relationship.

Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Sep 17, 2018
Cary B. Hall's answer
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.

Robert J. Duminiak, Esq.

Howson & Howson, LLP

Bldg. 620, Suite 210

350 Sentry Parkway

Blue Bell, PA 19422

Phone: 215-540-9200

Fax: 215-540-5818

Email: rduminiak@howsoniplaw.com

Q: I owned an MC and Website Hosting Company. Someone else is saying they made my company. Help

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Apr 13, 2018
Carrie A. Ward's answer
You need to retained experienced Pennsylvania counsel to assist you with this. What is this third party claiming? Do they have an attorney involved? You need experienced counsel to protect your business.

Q: Board members of a company are banning another board member(equal owner) from company meetings and votes.

2 Answers | Asked in Contracts, Real Estate Law, Business Formation and Business Law for Pennsylvania on
Answered on Apr 4, 2018
Carrie A. Ward's answer
A review of the company's governing documents is necessary. You should engage experienced PA counsel to review the documents, analyze the facts of the situation, and to provide further guidance, which may or may not include litigation based on the specific facts of the situation.

Q: Can I let go of partners from a start up if operating agrmnt isnt in place?

1 Answer | Asked in Business Formation for Pennsylvania on
Answered on Jan 16, 2018
Peter Munsing's answer
You may be OK but you really need the advice of a partnership expert. I suggest Ken Milner--give him a call. Tell him I suggested you call. Because of implied obligations etc. it's not something anyone can give you an easy yes/no on.

Q: How can I start & fund a business?

1 Answer | Asked in Banking, Business Formation and Business Law for Pennsylvania on
Answered on Dec 23, 2017
Nancy L Lanard's answer
Your question is way too broad to be answered in this forum. You should consult an experienced business attorney and accountant who can assist you figure out if you should operate as a corporation, limited liability company or a sole proprietorship. Additionally, the attorney would need an understanding of your business and business goals.

As far as funding, there are many ways to fund a business, and those should also be explored with your professional advisors, such as your...

Q: My business partner has my money and will not put me on books or share profits

1 Answer | Asked in Business Law and Business Formation for Pennsylvania on
Answered on Dec 7, 2017
Peter Munsing's answer
Attorneys fees possible but unlikely. Focus on the rest. If you have that much at stake you need a partnership attorney. You need to retain one, get advice as to what you can do to secure the evidence --for instance on the computers--etc. If you are in eastern PA I can recommend someone to you.

Q: I own a small business and I am registered in NJ. We contract to locations in PA. Do I need to register biz there too?

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Answered on Oct 25, 2017
Peter Munsing's answer
If it's at daycare you may well have to. The daycare operator may want you to. You may need a Pennsylvania background check.

Q: I want to start a gospel record label. Should it be llc. or 501c?

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Answered on Sep 1, 2017
Peter Munsing's answer
You need to have a cpa advise you. At the initial stage it may not matter much. Consulting a copyright attorney would be a good thing too.

Q: I'm starting a business however I'm also planning to ask my husband for a divorce. Is it better to wait to file divorce

1 Answer | Asked in Business Formation, Business Law and Divorce for Pennsylvania on
Answered on Aug 29, 2017
Kathryn Hilbush's answer
This is a complicated situation best addressed in a face to face meeting with an experienced family law attorney in your area. One way to locate an attorney is to use the Find a Lawyer tab on this site.

Q: Can your employer LEGALLY control where you can place your private IRA investments? The employer is worried about ...

1 Answer | Asked in Business Formation and Employment Law for Pennsylvania on
Answered on Jun 19, 2017
Peter Munsing's answer
I suggest you get a list from them. It seems like it would be a violation of them to tell you who you may and may not invest with. But then the question is do you want to fight now, or go with it move your IRA as soon as you are out of there, or use another investment vehicle?

Q: Can my husband start his own company selling something he originally created for his current employer to use?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Apr 19, 2017
Nancy L Lanard's answer
I do not represent you and do not know all the facts, but it sounds like this was a "work for hire" and that the company he worked for owns the rights to it. However, he could approach the company and see if he is able to sell to others. It sounds like he has a strong position in being able to ask the employer to allow him to sell to others.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.

Q: I want to start selling private label Hot sauce and salsa. I want to use my last name with the word salsa or hot sauce

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Apr 19, 2017
Nancy L Lanard's answer
You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!

Q: I'm wondering if it is legal to be told I can't be hired due to a re-hire policy one company that has now split into two

1 Answer | Asked in Employment Law, Business Formation and Business Law for Pennsylvania on
Answered on Sep 21, 2016
Peter Munsing's answer
The policy as a whole sounds very strange. However generally an employer can only be held responsible if they don't hire you because of race,gender, religion, ethnicity etc. Consult a member of the Pa.

Assn for Justice who handles employment issues--they give free consultations.

Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Sep 19, 2016
Peter Munsing's answer
The non-profit statute requires that there be a board of directors. If they are the first incorporators all must sign the Articles of Incorporation.. They must be named at the end. The first bylaws should also be signed by the incorporators as they are acting as board members.

Best thing is to contact the Secretary of State's office which probably has a guide.

http://www.dos.pa.gov/BusinessCharities/Charities/RegistrationForms/Pages/default.aspx#.VIB25iROmUk k

Here's...

Q: What is a legal name? We are setting up a new church in PA.

1 Answer | Asked in Business Formation for Pennsylvania on
Answered on Aug 29, 2015
Adam Studnicki's answer
You may want to start an entity. Talk to a local business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

Q: If I am creating an LLC to purchase a home with family + friends, will this be considered a private offering to the SEC?

1 Answer | Asked in Business Formation for Pennsylvania on
Answered on Aug 29, 2015
Adam Studnicki's answer
If you are soliciting investors, you should definitely talk to an experienced securities lawyer!

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage...

Q: I am about to start a business that sells tobacco accessories only to cigar shops, ect.

1 Answer | Asked in Business Formation for Pennsylvania on
Answered on Aug 11, 2015
Adam Studnicki's answer
If you're doing business in PA, you'll need whatever licenses PA businesses need. Check with a local lawyer to see if there are additional licenses applicable to your business/field.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...

Q: How much revenue can an individual make outside of there primary employer before they have to form some sort of company

1 Answer | Asked in Business Formation for Pennsylvania on
Answered on May 3, 2014
Charles Snyderman's answer
He does not have to form an entity like a corporation or an LLC.

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