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Ross Deshong Meador
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Ross Meador’s Answers

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  • Where do i find a free legal rental agreement

    i have rental property in ottumwa iowa and need a legally binding rental contract for my renters. Also i would like to know what my legal rights and responsibilities are as a landlord in the event they dont pay rent

    Ross’s Answer

    Nolo Press has all that you need. Go to Nolo.com and click on "property & money."

    No, I don't work for them; I just like their books.

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  • If a client signs a contract to pay a fee, but cancells before she actually pays, does she still owe for the contract amount?

    I am a bridal consultant, a client of mine signed a contract that stated the amount owed and that there can be no refunds or cancellations. I agreed to let her postpone her payment as long as she signed the contract. Now she wants to back out of t...

    Ross’s Answer

    It depends. We cannot give you a complete answer without reading the exact language of the contract. Also keep in mind that the client may be liable only for the net amount of your damages. In other words, if you saved some money or were able to take on a new client because the first client cancelled, you would have to deduct that savings or additional earnings from the amount you were owed. Having said that, it sounds like you are owed something. If they refuse to pay, your best bet may be to go to small claims court.

    Disclaimer: This is for general educational purposes only. It is not legal advice and does not create an attorney client relationship.

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  • How do I get REMOVED from Articles of Incorporation since recent employment termination

    Hired as Dir of a new business corporation Inc.and isted as one of the Director on the Articles of Incorporation in State of Ohio. I am no longer working with the agency, never shared finacial ownership only a staff, how can I be REMOVED from Arti...

    Ross’s Answer

    The way to remove your name from the Articles is for the company to file an amemdment with the Ohio Secretary of State. It may be that the Articles merely list the initial Board members, and the fact that you have resigned does not require an amendment. I suggest that you send a letter to the President of the company confirming that you have resigned as a director and requesting that the Articles be amended to remove your name. If the company fails to file the amendment, it is not your fault, and you will have the letter as evidence of your termination.

    Disclaimer: This is general information only. It is not legal advice and it does not establish an attorney-client relationship.

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  • LLC in one State and C-Corp in another. Is there a better alternative?

    My home office is in CA, and I just formed a WA LLC to do business in WA, OR and TX. I now want to expand to CA, but the Contractors Board in CA will not issue a contractors license to an LLC. I was hoping to file a Foreign LLC with CA, but this ...

    Ross’s Answer

    You are correct that an LLC is not permitted to apply for a contractor's license in California. The best solution for you will depend on a number of factors and it will largely be driven by tax considerations. I assume the reason you prefer the LLC form is so that you can have a pass-through entity for tax purposes. Are there other reasons that you prefer an LLC? Are you the only owner of the LLC or are there other members? A single member LLC will be effectively ignored by the IRS - your income and expenses are filed with your 1040 and you can use you SSN instead of an FEIN. In that case, you can also apply for the contractor's license as an individual. If you have multiple members, you could form an S-Corp in California, which is permitted to obtain a contractor's license, and be taxed in essentially the same way as the LLC, i.e., the members will be allocated with profits and losses even if there are no actual distributions. Will the other members also be shareholders of the California Corp? Do you anticipate that the California Corp will make a profit or will all of your revenue be paid out in expenses? The answer to this will help determine whether an S-Corp or a C-Corp is better for you. The WA LLC and the CA Corp probably will be permitted to have similar names, but they will be taxed separately and will need separate FEINs. There are many tax issues associated with jointly owned companies engaged in the same business, such as proper allocation of expenses, transfer pricing between them, liability for joint employees, etc. Again, the answers will depend on the details of your personal situation. Feel free to contact me if you want to talk about it. Good luck!

    Disclaimer: This answer is for general education. It does not constitute legal advice nor does it establish an attorney cliet relationship.

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