Tennessee Business Formation Questions & Answers

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

1 Answer | Asked in Contracts and Business Formation for Tennessee on
Answered on Feb 18, 2019
Mr. James Charles Wright's answer
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.

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?

2 Answers | Asked in Business Formation and Business Law for Tennessee on
Answered on Nov 12, 2018
Frank J. Steiner's answer
You must file the appropriate paperwork with the Secretary of State.

Q: where can I find TN common law rights on tranfer of reserved name or assumed name

1 Answer | Asked in Business Formation, Business Law, Contracts and Civil Rights for Tennessee on
Answered on Oct 3, 2018
Leonard Robert Grefseng's answer
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.

Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on
Answered on Sep 25, 2018
Peter D. Mlynek's answer
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 bottle, or you can do it after you've been in business for years, or anywhere between there. There are, of course, business reasons why you'd want to do it earlier or later.

If you invented...

Q: I was just trying to change my partnership into a llc or corp c. I'm looking to build Business credit.

1 Answer | Asked in Products Liability, Business Formation and Business Law for Tennessee on
Answered on May 31, 2018
Benton R Patterson III's answer
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.

Q: Starting a solar company, I don't have a Contractors License but know many subcontractors, can they install my jobs?

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Answered on Mar 1, 2018
Mr. James Charles Wright's answer
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 will install the equipment. So there is no claim that an unlicensed contractor did the work.

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

1 Answer | Asked in Business Law and Business Formation for Tennessee on
Answered on Feb 22, 2018
Mr. James Charles Wright's answer
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 going to help you. You should have someone look at the noncompete.

Q: How do I call an report an illegal tattoo shop?

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Business Formation for Tennessee on
Answered on Feb 1, 2018
Bennett James Wills' answer
The Tennessee Division of Environmental Health may be a good start.

Q: A business was given to my friend and the boss changed her mind and wants it back. Nothing has been signed yet.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Answered on Nov 8, 2017
Mr. James Charles Wright's answer
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 sign papers formally selling the business when she returned.

On social media she published she had sold the business.

She has returned and now wants to keep the business....

Q: Hi. Is cooperative (such as a worker-cooperative) an option as a business entity in Tennessee?

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Answered on Aug 14, 2017
Leonard Robert Grefseng's answer
This is not a recognized form of business. Consider a member managed Limited liability company (LLC).

Q: In Tn. do you have to be a lawyer to open a law firm

1 Answer | Asked in Business Formation and Legal Malpractice for Tennessee on
Answered on Feb 20, 2017
Kevin Christopher's answer
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?

Q: Where can I find case law regarding the role of the Board of Directors under the Sarbanes Oxley Act?

2 Answers | Asked in Business Formation, Business Law and Securities Law for Tennessee on
Answered on Nov 30, 2016
Bennett James Wills' answer
Google Scholar is a good free resource. You could also go to a library at a local law school like UT, Belmont, or Vandy depending on where you are located. Those are probably the best resources.

Q: how would I find out how to bypass the apprenticeship timeframe in my state for opening my own bonding company?

1 Answer | Asked in Business Formation for Tennessee on
Answered on Nov 7, 2016
Leonard Robert Grefseng's answer
Contact the Circuit court clerk in the county where you want to have your main location. In Tennessee, the Courts are divided up into "judicial districts" ( usually a grouping of 4/5 counties, but here are some in the larger cities where there is only one county in the District). In order to get approved as a bail bondsman, you have to be approved by the judges in that judicial district. You have to fill out an application, have references, and show financial resources sufficient to cover...

Q: I intend to incorporate an LLC. in Crossville, TN. What business licenses will I need?

1 Answer | Asked in Business Formation for Tennessee on
Answered on Oct 27, 2016
Leonard Robert Grefseng's answer
You should check with the "county clerk" in you county. Obviously, you won't need anything from the City, but there could also be a county business license. Some types of businesses are exempt, so a phone call to that office might be enough.

If you are creating an LLC, the LLC will need a tax I.D. number ( you can get it online from the IRS) and of course, the numbers that are assigned by the Tennessee Secretary of State when you file your LLC paperwork in the office. If you are...

Q: Hi,im starting a clothing by myself in Tennessee. do i apply for a series llc, PLLC, or non profit LLC? plz help!

1 Answer | Asked in Business Formation for Tennessee on
Answered on Feb 6, 2016
Adam Studnicki's answer
Sit down with a local business lawyer and CPA to determine best options for you.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 lawyer to get legal...

Q: I just opened up my small business in Memphis, Tn., a full service lash salon, should i become a llc?

1 Answer | Asked in Business Formation for Tennessee on
Answered on Sep 8, 2015
Terrence H Thorgaard's answer
The primary advantage to forming a LLC (limited liability company) is that you can possibly avoid personal liability for alleged torts or breaches of contract on the part of the company. There may also be tax advantages for your particular situation.

A limited liability company is much like a corporation in this regard. The difference between a LLC and a corporation is that, for small companies like yours, the paperwork involved is normally less complicated.

Q: we are not a franchise.we are a LLC singlemember| individual.Need to know what to do

1 Answer | Asked in Business Formation for Tennessee on
Answered on Aug 29, 2015
Adam Studnicki's answer
There is no question here. 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 lawyer...

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