Get free answers to your Business Formation legal questions from lawyers in your area.
In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?
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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 
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
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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
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.
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.
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.
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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
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
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.
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
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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
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?
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... View More
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
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.
answered on Jul 16, 2021
Request for Admissions, Interrogatories and Request for Production of Documents.
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.
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.
I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.
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
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
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.
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
answered on Jan 29, 2019
The law in Virginia does not allow you or prohibit you from sending such as text as described.
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
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... View More
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
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
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
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
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.....
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Registered Agent is the legal contact that receives, signs and forwards any State and legal documents to... View More
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
State: Virginia
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
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?
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
I live in Virginia, and am interesting in starting a few internet-only and/or mostly internet-only companies. I will be the only owner.
I've read Virginia doesn't offer protections to single member LLCs which is make me look to other states like Delaware, Wyoming, Nevada.... View More
answered on Aug 4, 2017
To the best of my knowledge, Virgina does allow single-member LLCs. (Single member partnerships are not permitted.)
Your business is conducted online but as the owner you have a physical presence in Virgina, even if just your home. You are therefore required to register as a... View More
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