Virginia Business Formation Questions & Answers

Q: How do I start a sole proprietorship for my online reselling business as a minor?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
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.

Q: Can we sent out a text to customer third-party site ) to place Food Order - send a thank you and status text

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Virginia on
Answered on Jan 29, 2019
F. Paul Maloof's answer
The law in Virginia does not allow you or prohibit you from sending such as text as described.

Q: Is a license/registration required to give a three day Survival Class with one overnight camping required in Virginia?

1 Answer | Asked in Business Law and Business Formation for Virginia on
Answered on Mar 29, 2018
Timothy R Johnson's answer
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 probably want to create a liability waiver for all participants to be aware of the risks associated with the activity; requirements to follow all of your instructions including not wander off; and explain any critical...

Q: I want to open a video gaming cafe that sells fresh, made on the spot pizzas. Is there any law that forbids this?

1 Answer | Asked in Business Law and Business Formation for Virginia on
Answered on Mar 16, 2018
Timothy R Johnson's answer
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 anything uniquely difficult to deal with related to legal compliance.

The only other issue could be licensing problems if you offer video games that typically expect one user per product.

Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018
Timothy R Johnson's answer
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 activities for their mission, then yes. There are no IRS or other external legal restrictions from letting the non-profit basically funnel monies into other non-profits.

There MAY be internal restrictions,...

Q: I started a Home Inspection business. Do I need to have a Registered Agent?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018
Timothy R Johnson's answer
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 Minutes!" companies) provide registered agent services, and will send you notices of anything that they receive on your company's behalf.

You can also elect to be your company's registered agent as well (to save a...

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.

1 Answer | Asked in Business Law, Divorce, Family Law and Business Formation for Virginia on
Answered on Feb 13, 2018
Wayne E. Holcomb's answer
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 purpose, but then if there was a challenge during a divorce, you'd have to work to prove all that. The Post-Nupt would be the best path in my opinion.

Q: Can a green card holder have their own business in the US?

1 Answer | Asked in Business Formation and Immigration Law for Virginia on
Answered on Oct 26, 2017
Gary D. Godman's answer
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 are a conditional permanent resident, and consult with an attorney about what steps to take next if you are.

Q: Internet Only business - Does it need to file as a foreign business entity in Virginia?

1 Answer | Asked in Business Formation, Business Law and Internet Law for Virginia on
Answered on Aug 4, 2017
Glenn B. Manishin's answer
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 "foreign" corporation if in operated in another state.

Q: Forming solo proprietorship

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Jul 11, 2017
Sean R Hanover's answer
I would disagree with your statement about needing to incorporate (or, as you stated, form an LLC). Liability is not just limited to exposure from a potential client. You should definitely speak with a lawyer prior to make any final decision. Taxes are at the (1) federal level (EIN), (2) state (sales tax), and (3)county (BPOL, occupation license). We would be happy to discuss further with you. Give us a ring at 703-402-2723 or 1-800-579-9865.

Q: My 2 sons and I wish to purchase land for hunting and possibly putting a small retreat home on. Should we form an LLC?

1 Answer | Asked in Business Formation for Virginia on
Answered on Sep 17, 2015
Terrence H Thorgaard's answer
It is an interesting way to avoid the problems, down through the generations, which are likely to happen with simply being co-owners. I suggest that you get an attorney to draft the operating agreement, being sure to address concerns as:

1) how the LLC is to be wound-up and the property sold should any owner want out;

2) transfer of ownership shares upon the death of an owner of the LLC. It might be possible to avoid probate.

The LLC itself, because of limited...

Q: How do my partner and I, living in different states, file a partnership LLC?

1 Answer | Asked in Business Formation for Virginia on
Answered on Aug 11, 2015
Adam Studnicki's answer
Best to consult with a local business lawyer who can advise based on your specific goals, business arrangement, financial situation and tax circumstances.

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...

Q: How can a Virginia LLC (sole prop.) convert to a corporation with 4 family member board with shares distributed equally?

1 Answer | Asked in Business Formation for Virginia on
Answered on Nov 22, 2013
Howard Berkson's answer
Talk to an attorney about the best way to do that: there are multiple options, depending on what you are trying to accomplish other than a "simple" change of form. Make sure you talk to your attorney about how your operating agreement and bylaws may need to change as you move to articles/certificate of incorporation, corporation bylaws, and the legal differences between a corporation and a LLC, and (3) talk to a CPA or tax attorney about the different available tax treatments of the new entity.

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