Melissa D. Lenhard’s Answers

Melissa D. Lenhard

Philadelphia Franchise Lawyer.

Contributor Level 13
  1. Does it matter for trademarking company name, if I have an S-Corp or an LLC

    Answered about 3 years ago.

    1. Michael Charles Doland
    2. Melissa D. Lenhard
    3. J Charles Ferrari
    4. Andrew Kevin Jacobson
    4 lawyer answers

    For purposes of a trademark, it does not matter if your entity is a corporation or a limited liability company. There are other reasons to consider one form of entity over the other, but not for the protection of intellectual property. I recommend that you consult with an attorney and/or your accountant to fully consider the benefits of both types of entity and determine which would be the best for your company. I wish you good luck.

    17 lawyers agreed with this answer

  2. I pay taxes in Texas, I am a Texas Resident, but I live Pittsburgh, PA as an independent contractor.

    Answered over 3 years ago.

    1. Melissa D. Lenhard
    2. Timothy Allan Berger
    3. Bryant Keith Martin
    3 lawyer answers

    I agree with Attorney Berger's answer. I would also like to point out, however, that if you form a Pennsylvania entity, you will have to register it in Texas if and when you return to Texas, if you will be doing business in Texas. Similarly, you will have to register a Texas LLC in Pennsylvania if you are doing business in Pennsylvania. So, in that sense, it doesn't really matter because you will have to form an entity in one state, and register it as a foreign company in another. you...

    7 lawyers agreed with this answer

  3. Corporation name ', INC." vs ", INC" - period or no period

    Answered about 3 years ago.

    1. Melissa D. Lenhard
    2. Robert John Murillo
    3. Brian Coleman Kelly
    3 lawyer answers

    I agree with Attorney Murillo that it likely won't create any additional liabilities for your company. However, I am a big proponent of the theory that you should get what you pay for. So, unless your instructions to the company were unclear, they should fix their mistake. Depending on the agent you used, I believe most companies are happy to rectify any mistakes - they want a satisfied customer who will become a repeat customer and recommend their services to other customers. In summary,...

    6 lawyers agreed with this answer

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  4. What are the essential factors for contractual consideration?

    Answered about 3 years ago.

    1. Melissa D. Lenhard
    2. Michael Charles Doland
    3. Kevin Rindler Madison
    4. Ronald Lee Burdge
    4 lawyer answers

    Consideration is one of the critical and necessary elements of a valid and enforceable contract (with offer, acceptance and a meeting of the minds being the other required elements). Consideration is the motive or inducement for a party to enter into a contract — something of value or a benefit. Both parties to a contract must offer something of value to the other. Consideration is essentially the price of the promise and can take many forms, depending on the contract: money, services,...

    6 lawyers agreed with this answer

  5. Commercial tenant who will not pay

    Answered over 1 year ago.

    1. Melissa D. Lenhard
    2. Jason Todd Studinski
    3. Derek H. Goodman
    3 lawyer answers

    In order to evict a commercial tenant, you must first look to the terms of your lease. The provisions in the Lease should clearly spell out the tenant’s responsibilities, the time for the payment of rent, and the default section should clearly state what constitutes an event of default, as well as Landlord’s remedies for such a default. If the tenant has clearly breached the Lease of committed an event of default, are there remedies in the Lease? You may well have the right to self-help in...

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  6. Do I need to use the entire LLC name on all marketing materials?

    Answered about 3 years ago.

    1. Gregory Christopher Poulos
    2. Melissa D. Lenhard
    3. Michael S. Haber
    3 lawyer answers

    Yes. New York corporations, limited partnerships, and limited liability companies are required by statute to conduct activities under their true legal name (ex. ABC LLC). If you are a limited liability company conducting activities under a name other than your "true legal name" (ex. ABC), you must file a Certificate of Assumed Name with the county clerk in each county in which your entity conducts or transacts business. You can find more information on this topic on the NYC Department of...

    7 lawyers agreed with this answer

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  7. Where am I doing business in? Incorporated in Delaware, moving to California from Pennsylvania

    Answered over 3 years ago.

    1. Melissa D. Lenhard
    2. Kenneth Allyn Sprang
    2 lawyer answers

    If you are operating a business headquartered in Pennsylvania, selling orders and signing contracts with individuals or companies in Pennsylvania, you are “doing business” in Pennsylvania. Regardless of your plans to move to another state, it sounds like you are currently doing business in Pennsylvania. While the PA statute does not explicitly define what it means to do business in the state, it does list some exceptions — activities that do NOT constitute doing business in Pennsylvania,...

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  8. Should we establish our business in WA or CA and what is the best form of business?

    Answered about 3 years ago.

    1. Curtis Lamar Harrington Jr
    2. Andrew J Wyman
    3. Melissa D. Lenhard
    3 lawyer answers

    I agree with Attorney Wyman. The form of entity as well as the state of formation are decisions not be made lightly. I recommend that you consult a local business or tax attorney and/or accountant to discuss the proposed operations of your business and determine the best form of organization for you, as well as the best state in which to form it. And, regardless of which state you choose to govern your entity formation, you will likely have to register it to do business in the other state,...

    7 lawyers agreed with this answer

  9. What do I write on the line under: This limited liability company was organized under the laws of

    Answered about 3 years ago.

    1. Marshall C Deason Jr.
    2. Melissa D. Lenhard
    3. Phillip Monroe Smith
    4. Kevin W. Davidson
    4 lawyer answers

    You need to know in what state the LLC was formed - figuratively, not literally. It need not be formed under the laws of the state in which it operates. However, since you are in Florida, I will guess that it is a Florida LLC. If it is a Delaware LLC, then you would put "Delaware". The Operating Agreement would specify the state, as would the Certificate of Formation or Certificate of Organization (the name differs depending on the state).

    7 lawyers agreed with this answer

  10. If I want to start a business doing incorporations, would I have to become an attorney?

    Answered about 3 years ago.

    1. Melissa D. Lenhard
    2. Timothy Allan Berger
    3. Christopher Edward Ezold
    4. Brian Coleman Kelly
    5. Mark Joseph Guay
    5 lawyer answers

    You do not have to be an attorney to form a corporation or limited liability company. It would help to be familiar with the incorporation laws, and you wouldn't be very well qualified to evaluate which type of entity would best suit a client, but if they already know what they want and just want help going through the process, you can certainly help them. I would advise you to recommend that the client hire an attorney to assist them in drafting their documents once they are formed, but you...

    5 lawyers agreed with this answer