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Bruce Leonard Beal

Bruce Beal’s Answers

22 total

  • Does a out-of state corporation have to file for a California DBA if it wants to do business as a Fictitious bisiness name?

    Does an out-of state corporation have to file for a California DBA if it wants to do business as a Fictitious business name? Richard randerint@aol.com

    Bruce’s Answer

    And, if you use the same business name as that associated with your foreign corporate registration in California, then you will not need to register as a fictious business name.

    My response does not constitute legal advice, as I do not know all of the relevant facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult an able lawyer who can learn the unique details of your case more completely in a confidential relationship to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

    If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through Avvo or through my firm’s website located at BealBusinessLaw.com.

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  • Can I legally register my business using a private mail address such as a virtual office ?

    I will be forming an LLC but I would like to register it using my private mail service address, I am going to use an address from a high rise building in the Los Angeles area, also known as a virtual office. Is it legal to do this or is there anyt...

    Bruce’s Answer

    With respect to using your private mail service address, there are two issues: (1) You can use this as the address of your principal office. (2) You can NOT use this for your agent for service of process, which must be stated upon the articles of organization filed with the California Secretary of State's Office, unless you comply with the following.

    An agent is an individual, whether or not affiliated with the limited liability company, who resides in California or a corporation certified with the State and designated to accept service of process if the company is sued. This must be a real address, where someone can physically accept service of process during normal business hours. I understand that some private mail box services will accept your written authorization to do so.

    I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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  • Is it legal to use a photo from another site and upload it to yours as long as you don't change it in anyway.

    Say if you take the photo that is copyrighted but doesn't have a water mark on it and put it on your site. Though when someone clicks on the photo they want youll go to the site where the photo came from and purchase it threw them. So the company ...

    Bruce’s Answer

    Typically, you would enter into an affiliate or license agreement with the copyright holder or successor to avoid a copyright infringement claim. The copyright holder or successor is going to be very concerned with how you present the copyrighted material and any other associated intellectual properties involved, such as trademarks.

    I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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  • Business Contracts for starting a small business

    I am starting a small business, for the nature of the business I need a non-disclosure agreements as well as a few other business contracts. Everyone I have spoken to charges hours $300-$400 and I would be looking about 3 hours of work. Are there ...

    Bruce’s Answer

    For basic business documents, such as non-disclosure agreements, you should still use an attorney for your specific circumstances, but look for attorneys who charge low fixed fees for such basic agreements.

    If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by Avvo or through my firm’s website located at BealBusinessLaw.com.

    I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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  • Starting a new consulting business and wondering if I should put in in one of the LLC's that I have that is currently not used.

    I am thinking that my new consulting business I am starting should be placed in an LLC that I already created but is not being used. If so, do I have to use a lawyer to do this? I there anything I can do to add my business to the LLC?

    Bruce’s Answer

    One more important caveat: California is the one state to my knowledge that does NOT allow LLCs to be used for businesses requiring a license from the state. You didn't state what your consulting business is, but if it requires a license from the state, you may need to make alternate plans.

    I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

    If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by AVVO or through my firm’s website located at BealBusinessLaw.com.

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  • What are the options and pitfalls involved with collaborating on a new company?

    If I was to search online for people to help me with a new business idea, find the right person who ticked all the boxes in terms of experience, skills and expertise, what could I offer in terms of a collaborative agreement? I do not have a vast a...

    Bruce’s Answer

    I agree with Pamela on the critcal need for a nondisclosure agreement prior to any disclosures. However, I always advise my clients in such circumstances that contracts are like fences. Good fences make good neighbors, but they don't protect you from the neighbor from hell. Similarly, good contracts make good business partners, but they don't protect you from the bad business partner. Thus, the most important item for you to do prior to entering into any business relationship, especially with completely unknown persons found on the web, is to perform sufficient due diligence on each candidate to become comfortable that you can trust this person before you enter into any contracts with them.

    I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

    If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by AVVO or through my firm’s website located at BealBusinessLaw.com.

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  • Is there any benefit to having a "parent" LLC managing other LLCs?

    Is there any benefit to having a "parent" LLC manage several "child" LLCs? For instance, if I owned Property A and Property B (Under LLC A and LLC B, respectively), would there be an advantage to have them all managed through LLC C? What about inc...

    Bruce’s Answer

    In addition to Mr. Lively's comments, limited liability entities not only insulate personal assets from the liabilities of a business, but also from the liabilities of other businesses. So, if you have two businesses with risks that you want to insulate from each other, you should place both businesses in separate limited liability entities, knowing that your organizational expenses will double. See you tax advisor regarding the owner draws.

    My response does not constitute legal advice, as I do not know all of the relevant facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult an able lawyer who can learn the unique details of your case more completely in a confidential relationship to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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  • Should you pay Los Angeles City tax if your business is outside of city of los angeles?

    Hi, i have been dealing with city of los angeles for a year now. i had two business locations that were outside of city of los angeles. when i filled out my business tax, i put down my home address that is in city of los angeles. after that, ...

    Bruce’s Answer

    If you do settle, be sure to change your business address from your residence to outside of the county and advise LA City in writing that you have no business presence in LA City. There might be sense in settling, but there is no sense in allowing such a settlement to make you pay this tax indefinitely.

    The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. Each matter has differing facts. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.

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  • Is it possible to move a corporation to another state and to change it's legal name?

    We started a corporation when we lived in California. We have since moved to Kentucky, but we still have business activity in California and NV. We have learned that CA is not as business friendly as NV and would like to change where we are incorp...

    Bruce’s Answer

    Yes, and the way to do this is to form a corporation in another state, then merge the two corporations together, making sure that the surviving corporation is the other state corporation. You might want to do this so that the California corporation ceases to exist at the end of December 31, and the surviving corporation commences existence at the beginning of January 1, so as to make a clean break for taxes, etc. For example, California charges $800 per calendar year (or any portion thereof) for the privilege of limited liability protection.

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  • CALIFORNIA: health insurance

    In CALIFORNIA: Is a small business (under 20 employees) legally responsible for offering health insurance?

    Bruce’s Answer

    A private California employer is not required to offer health insurance, absent a labor contract requirement, but it is commonly offered on a premium-split basis between the employee and the employer. Your "20 employee" reference may refer to the fact that if you offer health insurance, you must under federal law continue coverage after termination of an employee under certain circumstances (COBRA); but under later-enacted California law, such coverage must be offered for a few as 2 employees (Cal-COBRA).

    IMPORTANT DISCLAIMER: No client confidential or other attorney-client relationship is created through my posting. Nothing herein constitutes legal advice or a legal opinion that you may rely on in any way. Your matter may result in a loss of rights, if you do not timely obtain an attorney. For more information, please visit: www.BealBusinessLaw.com.

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