Gahram Kang’s Answers

Gahram Kang

Fullerton Business Attorney.

Contributor Level 9
  1. California Corp Question

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Gahram Kang
    2 lawyer answers

    As my colleague stated above, the same person can hold two different offices: President and Secretary. Typically, the Secretary signs the meeting minutes for annual and special meetings, so I'm not sure why assistant Secretary would be needed. Since the Treasurer is an elected officer (who is elected by the Board of Directors each year), the Board would vote on that position. It doesn't matter who is a stockholder, b/c the directors participating on the Board are elected by the stockholders....

    3 lawyers agreed with this answer

  2. What type of lawyer do I hire for issues with Bank of America?

    Answered 3 months ago.

    1. Gahram Kang
    2. Robert Parkinson Taylor
    3. Daniel Tam
    3 lawyer answers

    It sounds like a bankruptcy attorney, or those specializing in debtor/ creditor issues would be your best choice. They would know how to clean up your credit, and help you to update the report to reflect the latest activity. It's not necessarily dependent on dealing with Bank of America - the answer would be the same if it were any other bank. Your main goal is to clean up your credit and to get the bank (who was the creditor) to update the information in your credit report.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I want to start a business and gain business credit for the company; what is the fastest way to do this?

    Answered about 3 years ago.

    1. Gahram Kang
    2. Kenneth Allyn Sprang
    2 lawyer answers

    I agree with my colleague. Initially, the credit of the corporation/ new business is going to be based on one or more owner's/ founder's personal credit, so you will have to build it up as you go along, maybe by starting a business credit card in the name of the business and going that route. A business line of credit will definitely involve a personal guarantee since the business is so new. It sounds like you should consult with a local business attorney to get answers for all of your...

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  4. Can an Indian Citizen start a company in USA without an american citizen as a partner?

    Answered about 4 years ago.

    1. Gahram Kang
    2. Henry C. Weatherby
    2 lawyer answers

    There are many options for citizens of other nations to start businesses in the U.S., since many business entities, such as limited liability companies (LLCs) or C-corporations do not require that their owners be US citizens. A local business formations attorney in your state can advise you as to the options for foreign-owned business entities in your state. However, for someone whose immigration status is a student visa (F1), you may not be allowed to work in the U.S. This is not my area...

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  5. How to set up a language school in California for foreign students?

    Answered almost 3 years ago.

    1. Christine C McCall
    2. Bruce Allan Wilson
    3. Gahram Kang
    3 lawyer answers

    I agree with my colleagues that you will first and foremost need to consult with a business formations attorney in order to adequately answer your questions. The answers to your questions will depend on many factors, and simply put, yes, I would recommend that you set up a corporation, or some type of limited liability entity for your language school prior to registering with any state or government agency. However, you should look into whether your language school business can be an LLC as...

  6. My father died and was 60% contmember of an LLC. According to the operating agreement his partner gains full control of the LLC

    Answered about 3 years ago.

    1. Gahram Kang
    2. Kenneth Allyn Sprang
    2 lawyer answers

    The operating agreement usually makes provisions for appointing a new Manager if the original Manager (or Managing Member) has died. There should be some provision for appointing a new Manager under the "Management" section of the operating agreement, whether it involves a vote by the majority of the Members or some other majority vote. In the alternative, sometimes the operating agreement may call for a dissolution of the LLC if the Managing Member has passed on, and there are no voting...

  7. Can employees take company information to start their own business?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Ken Bradley Dallara
    3. Gahram Kang
    4. Barbara I Berschler
    4 lawyer answers

    I agree with my colleagues that you have claims for unfair competition, misappropriation of trade secrets, etc. The distinction that you have to keep in mind (in CA) is that your former employees are allowed to compete with you, and non-competition clauses are generally unenforceable in California. However, if they are still your employee while they are competing with you, then those breaches of duty of loyalty as mentioned by my colleague above could come into play to change the analysis....

  8. I just started a Merchant Cash Advance company in California. I am looking a good lawyer who has experience with MCA.

    Answered about 3 years ago.

    1. Gahram Kang
    1 lawyer answer

    Hello there! Congratulations on starting your own company. I do not necessarily have experience with the merchant cash advance business or industry, but I am a local business attorney in Fullerton, and I currently serve as outside general counsel for many businesses in various industries, assisting them with growing their businesses "properly and legally", as you mentioned. I would be happy to meet with you to see how I can assist your business in growing successfully as well. If I can be...

  9. What entity should one medical doctor practice medicine as other than as a proprietor?

    Answered about 3 years ago.

    1. Craig Gerald Christensen
    2. Gahram Kang
    2 lawyer answers

    In full agreement with my colleague, it is true that a medical doctor can practice medicine as a professional medical corporation in California. Certain professions (such as attorneys and doctors) are only allowed to be professional corporations, not LLCs, as you have heard. In addition to the protections that your malpractice insurance provides to you as you practice medicine, the basic reason to form a professional medical corporation is to separate your business activities (and lawsuits...

  10. What do you do when you own a business and the owner of the building will not address any of your issues?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Lubna Khan Jahangiri
    3. Gahram Kang
    3 lawyer answers

    In agreement with my attorney colleagues, if once you review the commercial lease and find that the landlord IS responsible for maintaining the roof and the common area sewer, you should definitely approach them with a request for repairs and maintenance, and make sure that your requests are always in writing (e-mail, fax, etc.) so that there is a record of receipt. If they will not address your concerns timely, such that you are losing business because of their lack of response to maintain...