Ask a Question

Get free answers to your Business Formation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Tax Law for Virginia on
Q: Where should I create my LLC for my KDP and POD business?

I'm looking to start a digital product business with Kindle Direct Publishing (KDP) and Print on Demand (POD). I plan to form an LLC and am considering the legal and tax benefits. I temporarily reside in Virginia, have a CDL license in Ohio where I plan to return soon, but am also considering... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 24, 2025

You have several options which take a lot of explanation and more questions about your business and its reach. You could initially file under Virginia law and when you move to Ohio transfer the LLC to Ohio. If there are tax advantages and/or state filing advantages to form your LLC in Wyoming or... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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.

View More Answers

1 Answer | Asked in Business Formation and Business Law for Virginia on
Q: Can I use my RA's address for LLC's physical address in VA when applying for EIN?

I am trying to set up an EIN for my LLC, which is registered in Virginia. I currently reside in a different state and do not have a physical address in Virginia. I have used my Registered Agent's address as the LLC's physical address since they provide forwarding services. I am concerned... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It’s completely valid to be cautious when it comes to addresses tied to your business—especially when setting up something as important as an EIN. In Virginia, your LLC must have a **registered agent** with a physical address in the state, which you’ve already taken care of. It’s not... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Virginia on
Q: Can I deduct home renovation costs for a YouTube channel under my LLC?

I have an LLC with two businesses under it, including a YouTube channel focused on home remodeling and construction. My wife has a decorating background, and I am a general contractor. The channel is not monetized yet, and I recently purchased a house that needs extensive work, which will be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Since the home you’re renovating is your primary residence, the IRS typically does not allow deductions for personal home renovation expenses, even if you're documenting them for business content. Because the property is not used exclusively for business purposes, expenses like materials and... View More

2 Answers | Asked in Business Formation, Immigration Law and Tax Law for Virginia on
Q: Can my LLC hire an H1B employee? Steps needed?

I am a small one-person LLC online startup retail business owner. I started the business in July 2024, and my sales have been growing since then. I plan to file taxes for the first time for FY 2024, and I have never previously filed any H1B petition. I'm interested in hiring an H1B-sponsored... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 3, 2025

This is not an area that I am familiar with, but I wanted you to have some general information about this.

An H-1B employee is a foreign professional who works in the United States on a temporary visa in a specialty occupation. The H-1B is a nonimmigrant visa category.

Eligibility:...
View More

View More Answers

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, 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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.

View More Answers

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
PREMIUM
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...
View More

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

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.