Min Kyung Chai’s Answers

Min Kyung Chai

Newport Beach Contracts / Agreements Lawyer.

Contributor Level 7
  1. Can my old boss ask companies to stop working with me??? Restraint of Trade???

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. Michael Charles Doland
    3. Min Kyung Chai
    4. Nina Yablok
    4 lawyer answers

    The answer to your question will turn on two main issues: 1. Whether you actually signed a written document that prohibits you from soliciting your former clients; and 2. Whether your solicitations constitutes a violation of your former employer's trade secrets. Most employers require its employees to sign various documents upon hire, such as employment agreements, employee handbook acknowledgments, nondisclosure agreements, at-will acknowledgment forms, and other administrative forms...

    7 lawyers agreed with this answer

  2. Transferring trademark from LLC to Inc.

    Answered over 2 years ago.

    1. Phillip Monroe Smith
    2. Min Kyung Chai
    3. Andrew Kevin Jacobson
    3 lawyer answers

    You are required to file the corporate name change with the USPTO to properly hold the trademark in the proper entity's name. You do not need to refile the trademark application, but simply filing a post-registration amendment regarding the name change should suffice.

    Selected as best answer

  3. Is it possible for part of my LLC to also function as a nonprofit for certain projects?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Frank Wei-Hong Chen
    3. Min Kyung Chai
    4. Jonathan B. Lefkowitz
    4 lawyer answers

    No, you would not be able to use your LLC to operate as a nonprofit for certain parts of your business, first of all, because an LLC is not a corporation, and in order to qualify for the tax exemptions as a nonprofit corporation, you need to set up the proper entity. Secondly, you will need to obtain the appropriate tax exemption for your nonprofit corporation from the IRS, which requires you to file Form 1023, which will require you to provide detailed information on the type of activities you...

    4 lawyers agreed with this answer

  4. Franchising A Business in California

    Answered over 2 years ago.

    1. Kevin Brendan Murphy
    2. Min Kyung Chai
    3. Kevin Samuel Sullivan
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    The exemptions from registration are available under California Corporations Code Sections 31100-31109. Most of these exemptions are based on the parties' net worth, experience, and relationship with the franchisor. The exemption you are referring to is offered under Section 31106, however, each element requires a certain number of years of experience and/or affiliation with the franchisor to be met before you can take the exemption. So it is recommended that you review each element and discuss...

    4 lawyers agreed with this answer

  5. How to dissolve a S corp in California, but still keep the business name?

    Answered over 2 years ago.

    1. Andrew Kevin Jacobson
    2. Michael Charles Doland
    3. Min Kyung Chai
    4. David Thien Tran
    4 lawyer answers

    I agree with the other comments already provided on this question, but I also wanted to add one administrative point when filing for your dba in your own individual name after dissolving the corporation. When you send in your DBA Application to the county in which it is currently registered, you will also need to send in the Statement of Abandonment along with it in order to ensure that you get the same DBA registered in your name. Otherwise, the county may reject your DBA Application for the...

    2 lawyers agreed with this answer

  6. Looks like I have a small claims judgment against me. It was against a company I own (Corporation) and was specifically not me

    Answered over 2 years ago.

    1. Min Kyung Chai
    2. Michael Charles Doland
    3. Phillip Monroe Smith
    3 lawyer answers

    The only way to figure out how best to remove the lien against you personally is to first understand how the plaintiff was able to get this lodged against you in the first place. Although the facts you provide are not enough to give you any solid advice since we do not have any facts that pertain to the nature of the small claims action or otherwise, my initial guess as to why the lien appears on your personal property and not the corporation's is because you either signed a personal guaranty...

    2 lawyers agreed with this answer

  7. I need help setting up a corporation, a partnership with multiple parties.

    Answered over 2 years ago.

    1. Deborah Barron
    2. George William Wolff
    3. Shawn Regis Jackson
    4. Min Kyung Chai
    5. Joseph Clark Melino
    5 lawyer answers

    It is highly advisable for you to sit down with an attorney and your CPA to determine whether the corporate structure you are envisioning for your specific business is the right one for you since different tax and legal consequences are triggered by the kind of entity you pursue for your business. With that said, you were not able to perform any services through an LLC that would require a license issued by a professional licensing agency, including a contractor's license. Thus, the only...

    1 lawyer agreed with this answer

  8. May I use the term "Company" as a sole proprietor, if I have not filled as a LLC or Corp.?

    Answered over 2 years ago.

    1. Shawn Regis Jackson
    2. Michael Charles Doland
    3. Bryant Keith Martin
    4. Min Kyung Chai
    5. Bruce Allan Wilson
    5 lawyer answers

    Yes, you can use such name by applying for a fictitious business name in the county in which you plan to carry out your business enterprise. This process entails filing an FBN Statement with the appropriate county and publishing the filed FBN Statement in the local newspaper for 4 consecutive weeks, after which a Notice of Publication is issued by the publisher to complete the process. You are entitled to use the fictitious business name for 5 years, after which you will have to renew the...

    1 lawyer agreed with this answer

  9. Can I open LLC to do income tax and insurance without having the income tax and insurance licenses myself?

    Answered over 2 years ago.

    1. Phillip Monroe Smith
    2. Deborah Barron
    3. Bruce Allan Wilson
    4. Min Kyung Chai
    4 lawyer answers

    Your question appears to be two-part. 1. Can you operate a business that requires a license to render the requisite services? Answer: No. A domestic or foreign LLC may not render professional services. (Corp. Code § 17375.) “Professional services” are defined in California Corporations Code sections 13401(a) and 13401.3 as: Any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and...

    1 lawyer agreed with this answer

  10. If I am a 100% stock holder in a corporation, do I have the right to fire my president?

    Answered over 2 years ago.

    1. Bryant Keith Martin
    2. Shawn Regis Jackson
    3. Jingming Cai
    4. Min Kyung Chai
    4 lawyer answers

    In California, per Section 212 of the California Corporations Code, you must have a minimum of 3 directors provided that if you only have 1 shareholder, you may have just 1 director, or 2, if you only have 2 shareholders. The minimum/ maximum number of directors are set forth in the bylaws. You should have a lawyer review the bylaws to to confirm. The corporate structure is as follows: Shareholders are the owners of the Company and they appoint the directors to manage the business and...

    1 lawyer agreed with this answer