-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Antone F. Johnson's Answers
- 127 Legal Answers
- 7 Legal Guides
2
Attorney answers:
Are we liable for debts before LLC?
Yes, as my colleague noted above, before forming the LLC, you were carrying on business either as sole proprietors or as a partnership. You can have the LLC assume your individual obligations and arrange to pay them off with its own assets, but if it is insolvent, that won't help. See link below for information regarding dissolution of a California LLC.
Selected as best answer
2
Attorney answers:
Web venture incorporation.
You could operate as a sole proprietorship, and many Internet entrepreneurs do just that. The main disadvantage is that without a limited liability business entity (corporation or LLC) to protect you, you could be personally liable for the debts or actions of the business. Depending on your risk tolerance and other factors such as insurance coverage, you might decide it's worth paying the franchise tax for the peace of mind of having limited personal liability.
Selected as best answer
1
Attorney answers:
I was let go during the probation period of employment. Applying for a new job, when asked if I was ever fired, can I say "no"?
I admire your commitment to integrity in this situation. As you pointed out, your former employer was violating California wage-hour regulations, and most likely violated the law again by firing you in retaliation for making a legitimate complaint. (No doubt the employer would see things differently and try to characterize you as a "difficult" employee.) There is no easy resolution here, as it wouldn't go over well to tell a new employer the whole story (i.e., that you were fired in...
3 people marked this answer as helpful
2
Attorney answers:
Sole proprietor LLCs
Yes, Form 568 is required even if it is a single-member LLC, although only a portion of the form need be filled out. (The LLC is a disregarded entity for tax purposes and its income is treated as a sole proprietorship.) Regardless, the FTB will require the LLC to pay the minimum $800 franchise tax. See link below.
1 lawyer agreed with this answer
4
Attorney answers:
Do intellectual property rights extend to physical aspects of a product?
Another issue to consider is that even if the trade dress, trademark or copyright issues are arguably on your side (after doing a full analysis with an IP lawyer), that wouldn't stop the candy manufacturer from paying its lawyers to give it their best shot. In other words, the most important question in the risk assessment may well be the likelihood that the candy maker would go after you rather than its probability of winning a lawsuit if the case went to trial. Small/startup businesses...
1 lawyer agreed with this answer
3
Attorney answers:
Is it legal to include musician photos into a website design for a radio station WITHOUT permission from the photographer?
I think the most appropriate course of action would be to ask the radio station to clear the rights to use the photos. After all, you are only building this kind of site because the client is requesting it. One possibility would be to ask the radio station for copes of press materials which were sent to it by record labels promoting their artists, as it's a fair assumption that sending press photos to a radio station implies a license to display those photos on the station's website. I agree...
Selected as best answer
3
Attorney answers:
Do I need to register a Delaware LLC in California if business is not operating?
No, you do not need to qualify the out-of-state LLC to do business in California if it is not actually transacting any intrastate business in California. The following language is taken directly from the Secretary of State's website (see link below): Before transacting intrastate business in California the business must first qualify/register with the California Secretary of State. (California Corporations Code section 2105, 15909.02, 16959 or 17451.) California Corporations Code sections...
1 person marked this answer as helpful
1
Attorney answers:
What are my rights if i didn't receive the pay i was suppose to in accordance to the company's policy?
You can file a wage claim either by mail or in person with the Division of Labor Standards Enforcement (DLSE) of the California Department of Industrial Relations. See website link below for more information, instructions and forms to fill out. Good luck.
1 person marked this answer as helpful
4
Attorney answers:
Nevada LLC vs California LLC
I agree with Ms. Koslyn's recommendations. Another popular choice for forming LLC's is Delaware, for similar reasons to those you cited for Nevada, but in either case, if your business is operating in California, you will need to qualify it to do business in California and pay the associated franchise tax.
1 person marked this answer as helpful
2
Attorney answers:
S corproation filing california
In terms of initial filings, in addition to the Articles of Incorporation, your business is required to file an initial statement with the State of California. The initial statement provides the state with specific information related to your company including the legal and mail forwarding address as well as director and officer information. This report, along with the state filing fee, is due within 90 days of filing the original formation documents. A similar report must be filed biennially...
1 person marked this answer as helpful