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Virginia Business Formation Questions & 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... Read 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
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... Read 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... Read 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... Read 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... Read 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...
Read 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... Read 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... Read 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... Read 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... Read 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.....


Registered Agent is the legal contact that receives, signs and forwards any State and legal documents to... Read 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... Read 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
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... Read 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... Read more »

1 Answer | Asked in Business Formation, Business Law and Internet Law for Virginia on
Q: Internet Only business - Does it need to file as a foreign business entity in Virginia?

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.... Read more »

Glenn B. Manishin
Glenn B. Manishin 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...
Read more »

1 Answer | Asked in Business Formation and Business Law for Virginia on
Q: Forming solo proprietorship

I'm looking to start freelance software development part time - I was interested in setting up a solo proprietorship since the work I'll be doing will have no liability and won't benefit from an LLC. I wanted to find out what business licenses\tax forms I would need to apply for.

Sean R Hanover
Sean R Hanover answered on Jul 11, 2017

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... Read more »

1 Answer | Asked in Business Formation for Virginia on
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?

We will be equal owners of the property and want to ensure that the land is not split up and kept in the "Family". Should we form an LLC since we will share the payment load or some other partnership? Should we get pre-approved for the loan first or should we wait till we form the LLC... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2015

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...
Read more »

1 Answer | Asked in Business Formation for Virginia on
Q: How do my partner and I, living in different states, file a partnership LLC?

My partner and I live in different states; one in Virginia, one in Texas. We each currently have our own local businesses that we'd like to maintain, however, for national/global work we are interested in partnering and creating a single business under which we can do this work. What is the... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 11, 2015

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...
Read more »

1 Answer | Asked in Business Formation for Virginia on
Q: How can a Virginia LLC (sole prop.) convert to a corporation with 4 family member board with shares distributed equally?
Howard Berkson
Howard Berkson answered on Nov 22, 2013

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... Read more »

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