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Virginia Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

2 Answers | Asked in Banking, Business Formation and Business Law for Virginia on
Q: Do I only need a DBA in the state where my business is located or do I need DBAs in all 50 states and/or counties?

In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?

For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.

James L. Arrasmith
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answered on Feb 23, 2024

As a sole proprietor engaging in e-commerce under a different name, you typically only need to register a DBA (Doing Business As) in the state where your business is located. This allows you to legally operate your business under a name other than your own. While there are no federal requirements... View More

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2 Answers | Asked in Banking, Business Formation and Business Law for Virginia on
Q: Do I only need a DBA in the state where my business is located or do I need DBAs in all 50 states and/or counties?

In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?

For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 12, 2024

If you are operating your business under an "assumed" name, "trade" name or a "fictitious" name, you should file the propert fictitious name certificate in every state that you are doing business and you should confirm that your entity is authorized to do business in those states.

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1 Answer | Asked in Business Formation, Business Law and Tax Law for Virginia on
Q: I am trying to figure out what licenses I need to start my woodworking business in VA

Do I need a sellers license to sell my projects I make? Do I need any business licenses? I can’t find anything on it. Please help

James L. Arrasmith
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answered on Mar 4, 2023

In Virginia, if you are operating a business, you may need to obtain a business license from your local city or county government. This is typically done at the city or county treasurer's office. The requirements for a business license may vary depending on the location and type of business.... View More

2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

You are asking for an opinion, and attorneys only provide opinions to their clients after knowing sufficient facts to render an opinion.

I can point you to the VCC's requirements for registered agents.

Registered agents must meet the following requirements:

Be a...
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2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2022

While I am not admitted to practice law in this State, I can tell you that the office of the registered agent and the principal place of business or headquarters are not the same. If you hire an attorney to incorporate your business entity and ask the attorney to serve as a registered agent, the... View More

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1 Answer | Asked in Business Formation for Virginia on
Q: business license vs llc and DBA

I am currently a hobby potter and will be selling at local vendor events and art shows. I know I will need a local peddlers license (live in VA) from my city to do so. I have a branded name other than my own that I will use on signage and materials for this portion (eg. Fun Designs by Me).... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 2, 2024

SInce it appears that you are not operating your "potter" business under your LLC, but as a sole proprietorship, you will need to get your business license in your individual name and as the trade name you use.

1 Answer | Asked in Business Formation and Contracts for Virginia on
Q: Non-competition and non-solicitation agreement

Hi there,

So my question is about the working contract that I have signed! I'm a home inspector in VA, working

for a franchise company. I have signed a non-competition and non-solicitation agreement with them that I cannot compete with them for two years after signing this... View More

Steven Krieger
Steven Krieger
answered on May 12, 2022

It really depends on the the specific terms of your prior agreement. Some non-compete provisions are not enforceable, but it really depends on the details. If you decide to retain a lawyer to assist you, I'm sure anyone who responds would be happy to help. Good luck.

2 Answers | Asked in Business Formation, Civil Litigation, Employment Law and Estate Planning for Virginia on
Q: What are the different ways an attorney finds out information about a case through discovery?
F. Paul Maloof
F. Paul Maloof
answered on Jul 16, 2021

Request for Admissions, Interrogatories and Request for Production of Documents.

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1 Answer | Asked in Banking, Business Formation, Business Law and Securities Law for Virginia on
Q: Does a company need to register as a financial advisor if partners or members are only buying/selling securities?

Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.

Robert W. Pearce
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Robert W. Pearce
answered on Oct 8, 2020

If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.

1 Answer | Asked in Contracts, Business Formation and Small Claims for Virginia on
Q: Hi..i am in VA. made a payment 2 days late. Can any type of late fee be imposed?

I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... View More

1 Answer | Asked in Business Formation and Business Law for Virginia on
Q: How do I start a sole proprietorship for my online reselling business as a minor?

I am a minor form Virginia who has a fair amount of experience with online sales and ecommerce. However, I know that my next business venture will generate enough money to know longer be considered " A hobby" which saves me the trouble of filing taxes for it. I want to legitimize my... View More

Arnab Kumar Banerjee
Arnab Kumar Banerjee
answered on Jan 29, 2019

you need a parent or guardian to register your business. you have no capacity to enter into any type of contract. so you need a legal guardian.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Virginia on
Q: Can we sent out a text to customer third-party site ) to place Food Order - send a thank you and status text

I am Company A - restaurant - would like to use phone number received on order-form from Third-party ( Company ANY) who sends me order to prepare food for a customer who visited their site- I would like to send them text to these customer who are going to be trying and eating my food and tell... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 29, 2019

The law in Virginia does not allow you or prohibit you from sending such as text as described.

1 Answer | Asked in Business Law and Business Formation for Virginia on
Q: Is a license/registration required to give a three day Survival Class with one overnight camping required in Virginia?

I want to provide a basic wilderness survival class to minors and adults, age 12+, that involves one day lecture (8 hours) and one day (overnight) practical experience (total of three days) in the wilderness (though, not the backcountry as medical services are readily near). Are there any... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 29, 2018

I can't possibly think of a department or 'professional license' that this would apply to.

If anything, the bigger issue is working out possible areas of liability such as if someone is injured while hiking or while engaged in any of the survivalist activities. You would...
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1 Answer | Asked in Business Law and Business Formation for Virginia on
Q: I want to open a video gaming cafe that sells fresh, made on the spot pizzas. Is there any law that forbids this?

My husband and I want to open a video-gaming cafe that will have a gaming portion and a small pizzeria portion as well as a snack bar. When looking around for commercial space, a leasing agent commented that someone had tried a similar business model but ran into legal complications. I am currently... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 16, 2018

I don't see anything particularly concerning about this business model. It's just an updated arcade that serves food. As long as you obtain all proper business permits including health permits, and establish appropriate privacy and internet security safeguards, there shouldn't be... View More

1 Answer | Asked in Business Formation and Business Law for Virginia on
Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

We have a for-profit LLC that we wish to convert it into a not-for-profit organization. We sell physical products and donate 100% of our profits already.

We would like to know if it is possible for a not-for-profit organization to be legal and retain its status if instead of doing the... View More

Timothy R Johnson
Timothy R Johnson
answered on Feb 21, 2018

If your question is whether it is legal for a donor non-profit organization to donate any potential "profits" (funds received to be used for the organization's primary service objectives) to donee non-profit organizations, instead of the donor non-profit organization performing... View More

1 Answer | Asked in Business Formation and Business Law for Virginia on
Q: I started a Home Inspection business. Do I need to have a Registered Agent?

I used Legal Zoom to help with the initial paper work for my company and now they say that I need to kepp paying them because I need them to act as my Registered Agent.....

Quote

Registered Agent is the legal contact that receives, signs and forwards any State and legal documents to... View More

Timothy R Johnson
Timothy R Johnson
answered on Feb 21, 2018

What's true is that you do require a registered agent. The registered agent can be just about anyone as long as they are designated by you to receive legal paperwork on your company's behalf. Many entity startup businesses (such as LegalZoom and a ton of "Create a S-Corp in 5... View More

1 Answer | Asked in Business Law, Divorce, Family Law and Business Formation for Virginia on
Q: I am married & want to start a business. What can I do to ensure that my wife has no claim on it IF there is a divorce.

State: Virginia

Wayne E. Holcomb
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Wayne E. Holcomb
answered on Feb 13, 2018

About the only way to do that is to have a lawyer write up a Post-Nuptial Agreement for you that you and your wife both endorse. It is a lot like a Pre-Nupt, but after the marriage. If you were to use separate money, and keep it all separate, including the work, that might also work for your... View More

1 Answer | Asked in Business Formation and Immigration Law for Virginia on
Q: Can a green card holder have their own business in the US?

I am a Canadian citizen married to a US citizen, but in the process of getting divorced now. I started my own business and I don't want to have to wrap it up and go back to Canada. Does my green card allow me to continue living in the US and continue my business?

Gary D. Godman
Gary D. Godman
answered on Oct 26, 2017

The short answer is yes, a green card allows you to continue living and working in the US. The warning, however, is that a green card obtained by marriage could be "conditional" and require you to renew and submit certain documents after two years. Review your documents to see if you... View More

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