Start Up Issues

Registering a Trademark

dfm — Wed, 18 Nov 2009 22:29:07 GMT

Curious the cost I should expect for a Intellectual Property attorney to register my new business name? Also, how important is it that I hire an attorney for this service, versus doing it myself with the USPTO?

I know you get trademark protection simply by using the name, but I want the additional protection associated with registering...

Thanks in advance for your assistance! BTW, I live in the metro Atlanta area as it relates to attorney costs.

Starting a buisness - same as girlfriends employers

nowwhatnapster — Fri, 06 Nov 2009 00:22:38 GMT

I would like to start an e-buisness that will basically sell the same product and services that my girlfriends employer does. Her mother works there and so does her best friend. I have also done some computer work for them off the books.

I could easily get insider information if needed which raises some red flags in my mind. I do not want to get into a legal battle over this.

I need to know how to avoid any legal complications that could arise. What legal complications could arise and how to avoid them/prevent them.

If you need more information, please let me know.

Questions about starting a private equity fund

jsturman — Wed, 26 Aug 2009 19:49:36 GMT

An associate and I are discussing the possibility of starting a private equity fund. We already have a registered LLC but are interested to learn about the minimum regulatory requirements that we would need to consider (and associated legal documents/steps). In addition, we are trying to get a ballpark estimate of what the startup costs might be.

At this point, we are not looking to raise outside funds (which I know complicates matters). We are planning to use our own resources to get the fund started. Along those lines, do principals need to be qualified accredited investors?

Thank you for any guidance that you can provide.

Jed

Threats from [retailers]

cooperm — Mon, 28 Sep 2009 00:01:39 GMT

Hi, my name is cooper and me and a partner are currently starting up a site called [name removed] . The name says it all - a site where an employee discounts items for you and ships it to you, and in return gains a profit. This way you can get retail items at a cheaper price. About 2 days before launch we got e-mails from [2 major retailers] telling us not to put up the site and that it was ILLEGAL.

I just want to hear some feedback from everyone here on what I can do because we do not actually believe this is illegal. Employees discount items for friends on a daily basis and yes it violates their policy but simply put - any employee can buy something for themselves and decide right after that they dont want it, and sell it for a profit. How is that any different then going straight to selling it for a profit? Anyways here's a quote from [one store's] e-mail -

"The program that you are advertising is essentially an invitation to employees to commit fraud on their employers. Your solicitation of the fraud and your facilitation of it by putting buyers together with the employees may well constitute a conspiracy initiated by you to commit fraud on the affected retailers. I trust that you did not intend to become involved in unethical or illegal conduct and suggest that you reconsider and discontinue your Employee Discounted venture and put your creativity and talent to use in ventures that are legal and ethical. We will be watching to verify that you have discontinued Employee Discounted."

and [the other store]:

"In addition, and of even greater social and moral import, your solicitation of [name removed] employees to commit theft and fraud is a felony punishable by law. [Our company's] long standing company policy prohibits employees from offering their employee discounts to unrelated third parties. We have contacted individuals in law enforcement who have assured us that they will investigate this matter fully."

I was thinking that maybe some kind of disclaimer before entering the site or when registering would protect us, but I can't really say I know anything about law, so I am searching for external advice.

As far as what they will do about it, they pretty much just said they will take "appropriate action," whatever that means. Anyways, hopefully you guys can give me some good advice, as I am clearly unsure about what to do.

Thanks in advance, and I really appreciate all your help.

Illegal lottery?

Leader825 — Thu, 17 Sep 2009 20:55:53 GMT

A Missouri newspaper is offering "subscriptions" which, for a consideration of $19.99 to $29.99, includes a chance to win either professional baseball playoff tickets or hockey tickets.

Can anyone please explain to me how this is not a lottery? The newspaper is owned by a public-traded, for-profit corporation.

Thanks.

sole proprietor - Slovenia

b.farska — Mon, 07 Sep 2009 11:11:57 GMT

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I would like to ask what are conditions for EU citizens, when they want to start business in Slovenia - specifically sole proprietor type of business. I am Slovakia (EU) permanent resident and I would like to start business in Slovenia, I have also my employment in Slovakia. What are all the legal requirements?

Thank you

Can "XYZ LLC" use the name "XYZ" without filing a DBA?

new2it — Tue, 01 Sep 2009 16:37:26 GMT

Hello,

I have filed for an LLC under "Strongman Meals LLC."

Naturally I don't plan on including the "LLC" designation everytime I use the name.

Thus, I'd like to know if I need a DBA to use the trade name "Strongman Meals" on my website, shirts, mugs, etc. without peircing my corporate veil.

Thanks

Minor starting business

justginger — Sat, 22 Aug 2009 15:44:12 GMT

My 14 year old son has decided to start his own businessin Florida. He filed the fictious name with the State of Florida. He has obtained money from family for start up expenses. When we went to open his bank account to deposit the money we were told he can't have a checking account under his social security number. I said "I'll he'll have to be a corp and have a fein" I was then told no that he can't be an officer of a company. I know he's not the first to follow his dream, how do we get past the bank account problem? Should this be set-up as some form of a trust account? I want to protect his interest and keep him sole owner if at all possible.

Thanks in advance,

Ginger

starting a biz WITHOUT spouse in community property state

KarenWA — Tue, 11 Aug 2009 17:37:06 GMT

I would like to start a business in WA, but my husband and I do not want his ex to have any claim to the potential income/profits either for determining child support amount, or for the repayment of a debt he owes her from the property distribution of their divorce. Those amounts should be, and are currently, deteremined based on my husband's income alone.

How do I establish a business in a community property state so that my husband is not a part of it? I believe I need to be the sole owner. Is that possible in a community property state?

Would an S corp work, where I would take a salary? Wouldn't this be similar to me working for another company, where my own income can only be used to determine allocation of household expenses (between me and my husband -- for the purposes of determining child support amount). But I understand with an S corp, you can also take proceeds/profits above your salary as an owner dividend. Would that amount also be considered my income, or would it be considered joint income? Would rolling excess profits back into the business (not taking a dividend) exclude them from income?

Since this question straddles business law and family law, can anyone tell me how to find the right lawyer in WA?

Parking Consulting Business

Mark Senitz — Wed, 19 Aug 2009 00:21:32 GMT

I am starting an S-Corp or LLC and have a masters in architecture but am not a liscensed architect (yet).&... I want to provide parking consulting services to architects and developers on the best way to layout parking facilities. if the client wants full construction documents i would contract in a liscensed architect to oversee that project. is that OK as long as i sell my services as "Consulting" and not "architectural specialties" or does it matter?

Corp. start-up

kentg — Mon, 17 Aug 2009 21:27:06 GMT

Some basic questions on starting up a corp with a partner.

1) How much shares is the norm to start up with?

2) How does shares work as far as: How more shares get generated

if we start with 100 shares and split them so 50-50 each, what should we price them as and when do we add more and how much will they be worth.

kentg

"Stealing" current employer clients

pguy — Thu, 30 Jul 2009 00:02:40 GMT

I am looking into starting a business out of necessity. My current employer has been negligent with my client base and an opportunity has presented itself to start my own company and take these clients with me (along with a few others). I have no "non compete" or any other written document preventing me from starting a business or going to a competitor.

My question is...does my employer have any real recourse against me if I resign and take clients with me? I am in Rhode Island.

Importing

Murdy — Mon, 27 Jul 2009 02:34:51 GMT

I am planning to import. I'd like to bring in food samples to the USA? How do I get permission to bring in Food Products samples and get them through Customs?

Thanks

Murdy

partnership or LLC

Nemom3 — Wed, 15 Jul 2009 01:09:16 GMT

My husband and I live in Ne and we are starting a new business - however the business will actually be conducted in Colorado. Do we need to be licensed in both states or just one? Would an LLC allow us to only have the one business license? We have a silent partner who for reasons important to her needs to be kept in the shadows so how would we go about that?

Need info re: Missouri Escrow licensing

Abby W — Wed, 01 Jul 2009 16:04:51 GMT

I am attempting to help a small company set up an office in Missouri to provide real estate settlement services. I am having trouble located the rules/regs regarding their licensing requirements. Does anyone know what kind of license they need to get to be able to perform such functions?

I GREATLY appreciate the help!!

Abby

DBA or LLC

palette — Tue, 29 Apr 2008 21:08:57 GMT

I am thinking about selling dog biscuits online. My dog drool and flipflop for my biscuits and, my in-law dogs love them too.

At this moment,I am asking county if I can use home to bake biscuits to sell online or not.I am not getting any reply yet but,if they say ok to use it then, DBA and LLC which is best suits to my business-to be?

I would run alone,and since biscuits are food,I thought I should have something to protect asset and,I thought about LLC but then,I wonder even if I get LLC I need to get liability insurance from insurance company? or it is better for me to do DBA with liability insurance from insurance company?

thank you

Creating an online game

Catcherboi07 — Mon, 08 Jun 2009 06:02:15 GMT

I am in development of an online game, more specifically a Massive Multi Online Role Playing Game (MMORPG). What I need to know is exactly what kinds of legal issues will need to be covered for this, and my 'employees'. The troubling issue is, everyone is a minor. Any help would be great.

Parental rights

charlie1bravo1 — Wed, 03 Jun 2009 01:06:30 GMT

I am recently pregnant. And the father wants nothing to do with the baby. I have got him to agree to sign over parental rights. Do I have to wait till the baby is born ? Also How do I go about this process?

Turn a book into a movie

victorygirl16 — Tue, 02 Jun 2009 22:47:23 GMT

So what should my next move be?

So far I contacted the author which led me to the agent. Agent wants to have a convo over the phone. What I'm worried about is my idea being shut down due to lack of knowledge.

The situation is I have no exp, no money , and a big expensive project ahead of me. Had some convo's with some attorneys letting me know that it's show biz. You have to have money in show biz!

So after talking to several lawyers I thought meybe I can find someone with money to help me get the rights and option it. But how can I find that person.How can I sell them the story to invest? Can I be a co producer with no exp? Or with the knowledge I have now should I contact the agent? when should an agreement be filled out to have an attorney present in this project of mine?

So what should my next move be?

Sasha

Turn a book into a movie- ASAP HELP!

victorygirl16 — Fri, 29 May 2009 04:48:59 GMT

Its not my book. Im just a reader that is very determined to make a book a movie.I've been researching day and night, contacting authors, writers,agents and now lawyers. I need, well I need legal advice and a possible attorney soon.

First, who wants more info? then I will give you the low down of whats going on.

Advice needed for company formation In the U.S. / U.K.

Alli123 — Tue, 26 May 2009 15:15:24 GMT

Hi,

Please don't mind if I ask something childish, everything about company formation is new to me..

I want to register a company so that I can sell my software under a legal business name. I am not going to spend a lot of money on company formation services because all I want is just a name.

Today I found a cheap UK company formation service ( companyformations247.c... ) I am interested in their UK limited company formation service, but I am not resident in the UK. Do I need to pay taxes or any other fees every year? what I need to do in operating the company?

The sale of my product is processed online by 3rd party software resellers. I will receive a check from them monthly, so I don't really need a bank account or office in another country.

Thanks

Asset Business Purchase

KB24 — Tue, 26 May 2009 23:48:28 GMT

We are in escrow for a stock sale purchase of a logistics business. Our contingency was to renegotiate the lease. The landlord is not willing to renegotiate the lease after two meetings with the seller. I have no idea why they will not. The rate we are requesting is market rate but at the low end. However, the seller is still wiling to sell us the assets of the business at our request. My questions are does this mean we have to create a new corporation and get all the licensees needed to run the businesses now? Can we just create a new corporation and transfer all the other permits and licenses they currently have without being liable for anything after the sale? Also, the seller is going to file bankruptcy after the asset sale because she will not be able to get out of all other debts specifically the lease. She is just ready to get out at any cost (been doing this for 35 years and just got out of divorce reason behind this). Are we protected from the landlord if they try to come after any of the assets that we acquired or from any one going after the seller? She is obviously trying to sell the assets to get what cash she can to cover what debt she can cover. For us we want the goodwill, equipment, customer base and hopefully all the licenses and ensure we are in the clear. This is a CA business and if you’re a CA attorney we'd love to work with you so please let me know if this is in your field. Thanks again.

How am what to do to start a home business?

Freedomlover — Wed, 20 Aug 2008 15:24:48 GMT

I am a full time employee in Georgia (Cobb County) trying to venture out on my own in a different arena. I want to start my own business in fashion design. I have met with a designer to help me get my ideas on paper. We have only met and spoke,no work has been done at this point (nor my ideas given away) just discussion of what would take place. I have spoke with the city office about what type of liscence I need. They reccommend an in-home business lisc. as I am having the work done outside my home but will be handling paperwork and phonecalls in my home. I have spoke with the company that will be making the shirts and have their information (after researching many others)and am ready to start. My problem is I have read so much about the different lisc and tax id infor that I am now confused. I feel I should get a Tax ID number even though I won't have employees for a long time but hopefully I can sell these in local stores which do require sales tax. So do I file with the state or the IRS? Then I am wondering should I do sole, llc or simply incorporated? Do I have to have my business name copywrighted or trademarked? I really have the desire to go forward with this idea but with all the information, I am lost in which direction to take.
Any advice is greatly appreciated.

nonprofit vs. foundation structure

john willard — Fri, 10 Apr 2009 05:03:53 GMT

I would like to start a thrift store in Oregon.
I would like the profits to be a nonprofit that gave back to the community.
(501(c)(3) organization)

I was led to believe to incorporate as an LLC and get a 501(c)(3).
This organization would have a board
Was advised today that in 10 years if they wanted to change direction I would be a founder and not an owner/employee
I could not get any SBA loans only grants

Today I was advised to create the store as a for profit but have the donations go to the a 501(c)(3) foundation that I create. The items would be given to the foundation and the store would be paid for “processing”. 80/20
This organization would have an advisory board and I could continue to work at the store.
I would be able to have the store get SBA loans and the foundation grants.

The second is what I want but do not know there are any pitfalls.
Is there any different or tax reporting that I need to become familiar with? I know nothing about how this will affect financial, fundraising or insurance (but am researching furiously) and I just do not know where to turn.

Thank you for your time and consideration