James W Claflin Jr’s Answers

James W Claflin Jr

Las Vegas Family Law Attorney.

Contributor Level 10
  1. What is an Limited Liability Company, LLC

    Answered over 2 years ago.

    1. James W Claflin Jr
    2. Linscott Roberts Hanson
    3. Bryant Keith Martin
    3 lawyer answers

    A Nevada limited liability company ("LLC") is a business entity (like a Nevada corporation) recognized by Nevada law and formed through the Nevada Secretary of State. A Nevada LLC functions in much the same way as a Nevada corporation. When operated correctly, a Nevada limited liability company provides a corporate veil, also called a corporate shield, to protect its owners (called "members") from personal liability under most circumstances. There are several key factors to operate a Nevada...

    8 lawyers agreed with this answer

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  2. Web Design Content Ownership

    Answered over 2 years ago.

    1. Richard E Weltman
    2. Jay Bodzin
    3. Philip Leon Marcus
    4. John E. Whitaker
    5. James W Claflin Jr
    6. ···
    7 lawyer answers

    Generally speaking, a design services agreement will protect a website owner under these circumstances with the key term being a detailed provision on "works for hire." Best wishes.

    5 lawyers agreed with this answer

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  3. Nevada LLC

    Answered over 2 years ago.

    1. J. Charles Coons
    2. James W Claflin Jr
    3. Shawn G. Pearson
    3 lawyer answers

    I agree with Mr. Coons and wish to add that amending the 2012 annual list with the Nevada Secretary of State ("SOS") to add a new managing member can help to strengthen the corporate (or LLC) shield to protect the new managing member from personal liability by discouraging claims against the new managing member in her personal capacity. Not filing an amended 2012 annual list to add the new managing member, by the same token, can encourage claims against the new managing member in her personal...

    3 lawyers agreed with this answer

  4. Delaware LLC, living in Nevada

    Answered over 2 years ago.

    1. James W Claflin Jr
    2. Robert John Murillo
    3. Inna J Efimchik
    3 lawyer answers

    I agree with the previous attorney's comments and wish to add that a Delaware LLC doing business in Nevada would be considered a "foreign" company in Nevada and would be required, as was described, to register with the Nevada Secretary of State and to pay the same annual fees as a local or "domestic" Nevada LLC. Ordinarily in the situation described in your question, it saves money to form the company in Nevada. Best wishes.

    3 lawyers agreed with this answer

  5. Does nevada have "Pal Alimony". We were together for 13 years, but never married.

    Answered over 2 years ago.

    1. James W Claflin Jr
    2. Marshal Shawn Willick
    2 lawyer answers

    While Nevada has not adopted the precise notion of palimony from the well-known California case of Marvin v. Marvin, giving the right to alimony or spousal support to unmarried, cohabitating people, the law of Nevada does provide protections to such people in terms of the division of property acquired during the period of cohabitation in some circumstances. Before a cohabiting person can make a claim to "community property" from such a relatiohship, there are many factors to consider, such as...

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  6. Can I change my LLC name

    Answered over 2 years ago.

    1. Matthew Jason Staub
    2. Frank Wei-Hong Chen
    3. Inna J Efimchik
    4. James W Claflin Jr
    4 lawyer answers

    Yes, changing the name of an LLC generally is legally feasible, easy to do, and inexpensive. Although I am not licensed to practice law in CA, I can briefly describe the process in Nevada with the suspicion that the Nevada process would no doubt be very similar (if not identical) to the process in California. But giving the Nevada process here is for general information and understanding only; there is no question that the change of name of a CA LLC must comply with CA law. Generally speaking,...

    4 lawyers agreed with this answer

  7. What law requires the new owner of my business loan to honor the terms of my original loan?

    Answered over 2 years ago.

    1. James W Claflin Jr
    2. Edmund Joseph Gorman
    3. Bryant Keith Martin
    3 lawyer answers

    The terms of the loan contract itself will normally spell out how the contract can be modified. As a general matter of Nevada common law, the material terms of a loan contract ordinarily can be changed only by a mutual modification by both the borrower and the lender. Except for minor changes, such as, for example, the new address for you to send your payment, the new loan owner cannot change the terms of the original loan without your (usually written) consent. Of course no attorney can...

    2 lawyers agreed with this answer

  8. How can I secure my position as a minority partner in an LLC (Nevada)?

    Answered over 2 years ago.

    1. James W Claflin Jr
    2. Linscott Roberts Hanson
    3. Bryant Keith Martin
    3 lawyer answers

    Every concern of a minority member of a Nevada LLC can and should be addressed in the LLC's operating agreement. Under current Nevada law, the members of a Nevada LLC are NOT required to even sign an operating agreement! Not having an operating agreement, however, is very unwise, very risky, especially to a minority member. There are many, many terms to negotiate for a truly useful, truly protective Nevada operating agreement. These negotiations do not need to be extremely time-consuming,...

    2 lawyers agreed with this answer

  9. I have a judgement against a person and his business. Its a small family owned and run business....

    Answered over 2 years ago.

    1. James T. Weiner
    2. Tara E. Nichol
    3. James W Claflin Jr
    3 lawyer answers

    This is the answer of a Nevada attorney born in Ferndale, Michigan but not licensed to practice law in Michigan. There is a legal theory in the US known as successor liability that may apply to you to help you under these circumstances. The essence of successor liability is that when a company closes down and re-opens as a new entity to thwart its creditors, the new, second, "successor" company will be continue to be liable for the debts of the first company. You really need to consult...

    3 lawyers agreed with this answer

  10. No contract sign betwin us.

    Answered over 2 years ago.

    1. James W Claflin Jr
    2. Henry Lebensbaum
    3. Thomas J Callahan
    3 lawyer answers

    Even when there is no written contract, two people can enter into a valid and enforceable verbal contract (in most if not all US jurisdictions). The hard part is to prove what the terms of the verbal contract were. Since you ordered "some free loom" from the contractor, and he delivered it, and you accepted it, and you paid him $300, and he accepted $300, it is likely a court would find that there was an enforceable verbal contract for some free loom here. By the say, I do not personally know...

    3 lawyers agreed with this answer