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Tennessee Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I still... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation and Real Estate Law for Tennessee on
Q: i am loaning money for a house flip. I will have a promissory note. Is that enough to protect my investment?

The house is to be short term leased from the current owner during the renovation, so the person I am loaning to won't own the property until the day before it is re-sold.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 5, 2019

NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner
Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Business Formation for Tennessee on
Q: Can i get a mortgage from a bank in P.R to buy a home alone without my husband? We are separated.

I was told by a broker that I have to get a mortgage with my husband even though we are separated.

Anthony M. Avery
Anthony M. Avery answered on Jun 5, 2019

That is not a legal issue. If the lender requires both spouses to sign a note and deed of trust, then that is their requirement. You may find another lender not requiring both spouses to sign. Potential homestead

rights of a surviving spouse are inconsequential.

1 Answer | Asked in Business Formation and Car Accidents for Tennessee on
Q: How long does a towing company have to hold your car before they can sale it
Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

For starters look at the paperwork they gave you. Big problem is the storage charges which they can still rack up. At $30 or more a day most companies will keep the wrecks as potential money makers.

1 Answer | Asked in Contracts and Business Formation for Tennessee on
Q: I’m in Tennessee and opened up a med spa with an Md . The Md is now saying I cannot be an owner because I’m not an md
Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 18, 2019

There is a medical spa law in Tennessee.

Go to:

https://www.tn.gov/health/health-program-areas/health-professional-boards/medical-spa-registry.html

You can also call.

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Business Formation for Tennessee on
Q: Hi, I'm looking for a specific statutes outlining the legalities of starting a boxing club in TN. Thank you

So I became aware of a group that wants to start a fighting Club Boxing Club. I'm not sure that it is legal the way they want to do it. They just want to rent a space and start boxing/fighting in it. I'm looking for specific statutes that outline the legalities and specific requirements for their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 18, 2019

I suggest you contact the Tennessee Athletic Commission.

2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: I started my own business with a partner. She wants to back out and no longer be o co owner. How do I remove her in TN?
Frank J. Steiner
Frank J. Steiner answered on Nov 12, 2018

You must file the appropriate paperwork with the Secretary of State.

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1 Answer | Asked in Business Formation, Business Law, Contracts and Civil Rights for Tennessee on
Q: where can I find TN common law rights on tranfer of reserved name or assumed name

session laws on Assumed Name or Tranfer of Reserved name

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 3, 2018

Your question is unclear- there will be no "common law" on these issues. Any issues concerning a corporation's assumed name or reserved name are governed by the state statutes regarding corporations, and also perhaps the rules of the Secretary of States' office.

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on
Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 25, 2018

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first...
Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: I was just trying to change my partnership into a llc or corp c. I'm looking to build Business credit.

I didn't want to use our personal ssn. Which is the best way to go about doing so?

Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

If that is all you want to accomplish, you do not need to convert the partnership to another entity. A partnership can obtain an EIN, allowing the partnership to obtain credit and file taxes under the partnership's EIN, rather than a partner's SSN. You can apply for an EIN on the IRS website.

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: Starting a solar company, I don't have a Contractors License but know many subcontractors, can they install my jobs?

Can I list them as a subcontractor of my company in order to complete the job? or do I need to be listed as a subcontractor of the contractor that installs the job? and if I acting under them, is it possible to represent my own LLC?

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 1, 2018

Your contractor will need to pull the permit for the project. You may be able to sell the solar equipment. But you cannot be the contractor unless you are a contractor. I would explain in your agreement with the homeowner that you are selling a solar equuipment and that a licensed contractor... Read more »

1 Answer | Asked in Business Law, Business Formation and Contracts for Tennessee on
Q: I am looking to start my own security company. I signed a non compete clause in April 2016 for two years. Would I be ok

if I put the company in my wife's name or do I need to wait until it expires.

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 22, 2018

If your dates are accurate, if you wait 2 months you will have met the time requirement. This would be the safest route. There may be some issues as to the enforceability of the terms of your non-compete. But simply putting your business you will be doing in your wife's name is probably not... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Business Formation for Tennessee on
Q: How do I call an report an illegal tattoo shop?
Bennett James Wills
Bennett James Wills answered on Feb 1, 2018

The Tennessee Division of Environmental Health may be a good start.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: A business was given to my friend and the boss changed her mind and wants it back. Nothing has been signed yet.

My friend has made construction changes to the business and revamped it partially. The old boss started her new job and they are waiting for the lawyer to come back in town to sign the papers. Also, the old boss announced the change on social media that my friend was taking over and would buy her... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2017

Interesting issues here. Assuming the following.

Your friend had reached an oral agreement to buy a business.

As a result he started actually operating the business including doing some construction work.

The old owner started a new job. - and was out of town. She was to...
Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Hi. Is cooperative (such as a worker-cooperative) an option as a business entity in Tennessee?

This is not an agricultural business by the way. It would be a worker owned and managed business.

Edit: Thank you, Mr. Grefseng. Assuming you mean it's not a recognized form of business in Tennessee, would it be a possibility to form a cooperative business in a state that does have... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 14, 2017

This is not a recognized form of business. Consider a member managed Limited liability company (LLC).

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on
Q: In Tn. do you have to be a lawyer to open a law firm

Can a non-lawyer start a law firm in TN

Kevin Christopher
Kevin Christopher answered on Feb 20, 2017

You cannot practice law in Tennessee without admission to the bar or in limited circumstances being supervised by someone who is admitted. Is your question about entering into a business partnership with a lawyer?

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