Michael Bernard Rover’s Answers

Michael Bernard Rover

Palm Desert Real Estate Attorney.

Contributor Level 9
  1. Open new business in California with registered company from Florida

    Answered over 4 years ago.

    1. Steven Alan Fink
    2. Michael Bernard Rover
    2 lawyer answers

    You can use your Florida LLC, but it must qualify with the California Secretary of State's office and designatate a California-based Agent for Service of Process (like a registered agent). You will also need to file with the California Franchise Tax Board and--since you will be collecting sales tax--with the California Board of Equalization. All of this is pretty straight forward stuff. Good luck. Attention: This response is based upon general legal theories and may or may not...

  2. I opened another business inside a gym business I opened with a partner.

    Answered over 4 years ago.

    1. Jemal K Yarbrough
    2. Michael Bernard Rover
    3. Dana Howard Shultz
    4. Blaise E. Picchi
    4 lawyer answers

    Right now while everyone is friendly, a verbal agreement is fine. But, because everything is friendly, this is the best time to reach a WRITTEN agreement about what is and is not part of the partnership business. Once disagreements start, no one can agree on anything and no one remembers the termsof the vebal agreement. You are setting yourself up for a breach of fiduciary duty and usurpation of partnership opportunity claim. Avoid future headaches by entering into a written agreement with...

  3. What can a small business owner do to collect money lost in a conflict of interest case?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Galen Gentry
    3. Michael Bernard Rover
    3 lawyer answers

    There is little you can do for your former employee's failure to work during the hours he was employed by you. However, you may be able to pursue the business tort of Interference with Buisness Relationship. Remeber though, that proving damages much be sufficiently certain to identify money that you would have otherwise earned "but for" his interference. If you give my office a call, I'd be happy to discuss this with you since we're both in Palm Desert. Attention: This response is...

  4. Can I have a for profit and non profit business with the same name?

    Answered over 4 years ago.

    1. Joe B Stansell
    2. Michael Bernard Rover
    2 lawyer answers

    While you may be able to have the two businesses with the same name, it is an extremely poor idea and a big red flag to the taxing authorities. The ability to convert payments to the for-profit business into tax exempt donations to the non-profit is too big a risk to go unchecked. You'll be asking a for a detailed audit. I had a client that did this and it was not well received. At the same time, your reason for doing this may be valid, but it will be assumed to be calculated to lead to...

  5. If my partner and I split our business, can he claim more than 50% if he had the name before?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Michael Bernard Rover
    2 lawyer answers

    If you solidify these issues in a written partnership agreement prior to starting, your rights will be protected by whatever the agreement states. However, I would encourage you to consider other entitiy forms such as a corporation of LLC--better structure, better protection from company liabilities, and clarification of who has authority to do what. And it will clarify who owns what tangible and intangible property. Stay away from online legal resources for entity formation. Most of the...

  6. A business partner changed pass codes and was steeling money from a company account, (about 60K) what to do?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Michael Bernard Rover
    2 lawyer answers

    I would move immediately with legal action for breach of fiduciary duty, accounting, etc. If you know about $60,000, you're probably out substantially more than that. Stop what you're doing and get a strong lawyer on board immediately. Be sure the attorney has handled contested business dissolution previously. BTW, ask the attorney about the bank's potential liability for processing the checks. Also, put the bank on notice that your partner has been forging your signature to avoid further...

  7. Do I need to register another business name for my retail shop if it's different from my start up company name (LLC)?

    Answered over 4 years ago.

    1. Robin Mashal
    2. Dana Howard Shultz
    3. Pamela Koslyn
    4. Michael Bernard Rover
    4 lawyer answers

    You can form another entity,operate the cafe as a sole proprietorship (not recommended), or file a fictitious business name statement (DBA) under the LLC identifying the cafe name e.g. "ABC, LLC dba Mary's Cafe." Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed to practice as each...

  8. Can I name my business XXXX inc. without filing the articles?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Michael Bernard Rover
    2 lawyer answers

    Under the California Corporations Code, only a corporation can have the words "Inc.," "Incorporated," "Ltd.," or "Corporation" in its name. Likewise, only a limited liability company can have "LLC" or "Limited Liability Company" in its name. however, a corporation's name is not required to contain those terms whereas an LLC's name must contain the term. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual...

  9. Corporate dilemma

    Answered over 4 years ago.

    1. Kevin Brendan Murphy
    2. Steven Alan Fink
    3. Pamela Koslyn
    4. Michael Bernard Rover
    4 lawyer answers

    Unless you have completely mishandled the coproration, it is very unlikely that the state will pursue you personally. It is pretty clearly a corporate debt.

  10. We have 2 DBA & want to combine them into 1 INC & use 3 business names but in case of lawsuit want to be protected under INC

    Answered over 4 years ago.

    1. Michael Bernard Rover
    2. Steven Alan Fink
    2 lawyer answers

    You may do refile the DBAs under a new corporation or LLC with no problem as long as there are not licensing issues with a regulatory authority such as Contractors State License Board, Dept. of Real Estate, etc. You should be aware that all assets of each company under the same corporate umbrella will be available to satisfy any judgment against any of the DBAs. The law sees through the DBAs and treats it as one legal entity because that is what it is. You may want to start this way for...