Richard D Ackerman’s Answers

Richard D Ackerman

Temecula Litigation Lawyer.

Contributor Level 9
  1. I want to buy a tanning salon

    Answered about 5 years ago.

    1. Richard D Ackerman
    1 lawyer answer

    It would depend on whether or not corporate entities are involved and whether the taxing agency imposes what is often known as "successor liability." There is also the possibility of having some kind of indemnity provision as to seller (in the event that the taxes should be imposed anyway). The problem, however, is that once the transaction is completed, the buyer will be difficult to go after for any money that you could possibly end up owing. Also, the fact that taxes are owed suggests...

    2 people marked this answer as helpful

  2. How can I protect myself for the years my name was included on a DBA when I thought my name had been removed?

    Answered over 4 years ago.

    1. Steven Alan Fink
    2. Richard D Ackerman
    2 lawyer answers

    I agree with Mr. Fink. Also, I would send a very strongly worded letter to the old partner informing them of and memorializing your date of separation. If it was a true partnership, getting a formal certificate of dissolution filed with the Secretary of State would also help in this regard. Also, if there is an errors and ommissions policy, you may be able to purchase a gap policy that covers you from the time of any old insurance till now. This response does not constitute legal...

    1 person marked this answer as helpful

  3. What is good advertising for a cosmetic company?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Richard D Ackerman
    2 lawyer answers

    I agree with the attorney above. You should contact an advertising professional who is familiar with your line of products or type of business. As indicated, make sure that all advertising is truthful as to any characteristics of your products, availability of product, store hours, etc. You may also want to look into some of the various internet advertising mechanisms such as Google Adwords, Yahoo, Facebook, MySpace and other advertising media where you can pay as you go. Wishing you the...

  4. How to add another officer to a nonprofit corp and wich form to fill out temecul

    Answered almost 5 years ago.

    1. Steven Alan Fink
    2. Pamela Koslyn
    3. Richard D Ackerman
    3 lawyer answers

    I think that Mr. Fink's answer is exactly correct and make sure that you do a proper vote and meeting per existing bylaws -- if they do not already provide for more than 3 directors. If the bylaws do not limit the number of directors, then you just need to go through whatever appointment process you have and file the statement of information with the Secretary of State. Also, make sure to hire an attorney that is familiar with 501c3 organizations for compliance issues. If you are in the...

  5. Can you divide a C-Corp using a DBA for tax purposes in another county?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Dana Howard Shultz
    3. Richard D Ackerman
    4. Melissa Cari Marsh
    4 lawyer answers

    The whole purpose of having a corporation is to avoid internal competition, to promote shareholder unity and profit, and to maintain a single umbrella for liability protection purposes. Having an existing shareholder do his/her own thing exposes both shareholders to more liability and would certainly create uncertainty as to what the other was doing. Most often, the things we don't know about are the ones that create the biggest problems. The better solution would probably be to mediate a...

  6. Can i file bankruptcy even when i have a partner thet doesn't want me to do it I'm not making any money with this business.

    Answered about 5 years ago.

    1. Richard D Ackerman
    1 lawyer answer

    Sounds like you may need to force the issue by filing a personal bankruptcy if that is possible and list all creditors of the business since you may be potentially liable for any personal guarantees, etc.. There is an involuntary process available, but that could be costly. The bigger question revolves around why it is that the partner would care about who you sell to (if, in fact, the business is making no money). Make sure to get an attorney with both business and bankruptcy experience and...