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Pennsylvania Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
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?

We teach sport classes at daycares, so we don't have any actual facility. We bring equipment to schools and are considered "contractors". The business address is in NJ, so I am hoping that as a contractor, we don't have to register in PA as well even though we do classes over there.

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

If it's at daycare you may well have to. The daycare operator may want you to. You may need a Pennsylvania background check.

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Q: I want to start a gospel record label. Should it be llc. or 501c?
Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

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.

1 Answer | Asked in Business Formation, Business Law and Divorce for Pennsylvania on
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

My husband is opening a restaurant that I didn't agree to also and I'm concerned about his business failing and mine suffering as a result

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 29, 2017

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.

1 Answer | Asked in Business Formation and Employment Law for Pennsylvania on
Q: Can your employer LEGALLY control where you can place your private IRA investments? The employer is worried about ...

..."Apparent" conflicts of interest with companies in which they have performed auditing work for in the past or plan to work for in the future. I do not work in the auditing branch of the company. They have threatened termination of any employee who does not comply. My company is an... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2017

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?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Can my husband start his own company selling something he originally created for his current employer to use?

He created a product that the truck drivers use at the logistics company he works for. His immediate supervisor did not want to pay him on the clock to produce it. My husband produces them at home and his supervisor purchases them from him via ebay. The company is nationwide, and several other... View More

Nancy L Lanard
Nancy L Lanard
answered on Apr 19, 2017

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... View More

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
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

" Last Name" Hot sauce or salsa. Do I need to get this trademarked to sell? Or I'm I allowed to start selling this online since its my last name and the word Salsa or Hot sauce.

Thank You

Nancy L Lanard
Nancy L Lanard
answered on Apr 19, 2017

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!

1 Answer | Asked in Employment Law, Business Formation and Business Law for Pennsylvania on
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

I worked for a company and was laid off. I took severance and their re-hire policy says I can never come back to the company. Since then the company has now split into 2 companies. I have friends that work for the new company and all of them had to accept a new offer letter. I recently applied... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 21, 2016

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.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?
Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2016

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...
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: What is a legal name? We are setting up a new church in PA.

We are not incorporating. I am filling out Form SS-4 for an EIN in order to be able to get a checking account. The very first question wants a legal name. Is this the name we are giving to the church?

Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

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...
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: If I am creating an LLC to purchase a home with family + friends, will this be considered a private offering to the SEC?

Say most investors are non accredited investors and there will be fewer than 100 people who own the LLC.

Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

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...
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: I am about to start a business that sells tobacco accessories only to cigar shops, ect.

We will not be selling any tobacco or cigarettes-do I still need a license in PA?

Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

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....
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: How much revenue can an individual make outside of there primary employer before they have to form some sort of company

A college student wants to make some side money while in college. He wants to mow lawns part time. He will work for businesses so he will acquire general liability insurance to comply with their requirements. Doe he have to form / register some sort of company if he makes less than $2,000.00... View More

Charles Snyderman
Charles Snyderman
answered on May 3, 2014

He does not have to form an entity like a corporation or an LLC.

1 Answer | Asked in Business Formation for Pennsylvania on
Q: Own rental in Indiana, but live in PA, does LLC for rental need to be in IN or PA?
Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Apr 2, 2014

Either one will work. If you organize the LLC in Pennsylvania, you'll need to obtain a Certificate of Authority to transact business in Indiana from the Indiana Secretary of State. Either way, you'll need a registered agent and registered office in Indiana. There are companies that... View More

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