Deron Edward Smallcomb's answer There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.
Abraham C. Bloomenstiel's answer Thanks for your question. Unfortunately, this is a difficult question to answer without more information. It would help me to know the type of LLC your friend has and what ownership or relationship your friend's LLC or other two companies under it will have with the new business that you want to start.
Speaking very generally (and making a lot of assumptions), if your friend has an LLC that operates several businesses under it, then her LLC is likely classed as a "series LLC."...
Matthew Valley's answer Generally speaking, yes. However, the state you want to do business might require you to register your business with them, to obtain a license for your type of business, to register for sales tax, etc. You should consult an attorney in the jurisdiction you are wanting to do business in to see what requirements apply to you and your business.
Stefan Dunkelgrun's answer You could create a parent company entity, or you could create standalone entities. Both would be viable strategies, depending on your concerns and the risks related to the businesses.
The appropriate type of entity is very much dependent upon the situation. An LLC may not be the appropriate solution, and you should consult with an experienced attorney to discuss the pros and cons of the different options available to you.
Benton R Patterson III's answer There are specific requirements governing when a business entity must register to conduct business in Texas. An attorney would need to know all the facts about the business to answer this question. The address of the business is not the registered agent's office. Typically, the business address is listed in its formation documents. If it is not, the business may not have been set up properly.
John Espinosa's answer This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
Benton R Patterson III's answer An attorney would need to know more about the program to advise on what type of business structure to use. There are many factors to consider when forming a business. It would be best to have a lawyer review a contract with a school district.
Benton R Patterson III's answer If you register a business name in Texas, the Texas secretary of state will not let someone else register the same name in Texas. However, someone could register that name in another state or use it as a trade name. Registering a business name does not provide trademark rights. If you want to prevent others from using the name, you should speak with a trademark attorney about how to protect your rights in the name.
Benton R Patterson III's answer Most states require companies that sell products in the state to register to conduct business in the state. An LLC that is not properly registered to conduct business and intermingles transactions with a sole proprietor has a decent chance of losing its ability to shield the owner or owners from liability.
Benton R Patterson III's answer Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.
Benton R Patterson III's answer Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be able to enforce the contract against the bank because the bank is not a party to the contract.
Benton R Patterson III's answer Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Benton R Patterson III's answer If you don't do anything to create liability, probably not. Depending on how much money you make, there may be tax advantages to having your income pass through a business entity that is taxed as an S corporation.
Benton R Patterson III's answer The state of Texas does not require a person to hire an attorney to organize an LLC. But, there are so many mistakes that can be made, it is unlikely that an LLC, or any business entity, formed and managed without legal counsel will be effective in the long run or in the face of litigation.
Jack Ternan's answer If you created the LLC in Texas, the Comptroller's office normally sends a mailer to the registered agent's address with information on how to file franchise tax reports and pay any amounts owed.
Benton R Patterson III's answer It depends on whether consumers are likely to be confused about the source of the trademark owner's goods/services. If both companies sell off-road equipment, you are likely infringing on the other company's trademark, even if you successfully register the business name in Texas.
Nels Hansen's answer If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case dismissed terminates the stay.
Once the stay is terminated all creditors are free to resume collection activities including but not limited to repossession and foreclosure. If this was your second or...
Glenn B. Manishin's answer There are many online incorporation firms that will handle the paperwork for C Corp. or LLC formation, typically in about 2-3 business days or quicker with expedited service. You do not need to be a Texas corporation to do business in the state, just registration as a "foreign" company with an in-state registered agent.
Glenn B. Manishin's answer The refusal to deliver the contracted business plan is a breach of contract. You can sue the consultant and claim damages of the difference between what you paid him and what it costs to have another consultant prepare the business plan, plus restitution of what you paid under the contract and, if not barred by the contract language, consequential damage to your business. Sometimes a demand letter from counsel can yield a consensual resolution of such disputes without the need to litigation.
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