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Andrew N Harris

Andrew Harris’s Answers

79 total


  • I'm a sub-contractor (in OR) who did work for a company (in CA) and not been paid. What is my next course of action?

    I do property preservation work. I was asked to be a sub contractor for a company in California. According to their contract they pay 2X per month. Since last October, I have not received any pay. What is my course of action to sue these guys for...

    Andrew’s Answer

    Usually a demand letter is sent as a courtesy before a lawsuit is filed. You should probably try to find a small business litigation lawyer, or a collections lawyer, and explain your situation to that lawyer. He or she can help you with the demand letter and filing of the lawsuit, if necessary.

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  • I think a company could be considered a monopoly. How do you go about finding out if they are and what can you do?

    Trying to figure out how to determine whether a company might be a monopoly. This company dominates a niche market because they have an exclusive deal with a major company. It's not that simple per se but just trying to find a starting point wit...

    Andrew’s Answer

    This is another area of law where there is a lot of inaccurate information floating around the Internet. Most lay persons incorrectly assume that monopolies are illegal. Monopolies are legal; however, under certain limited situations where companies have a monopoly over a certain market can they be in jeopardy of violating antitrust laws, which, as Mr. Doland stated, are very complex.

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  • I hold stock in a private corp. They want to buy them back saying they want to change corp. type. Can they become worthless?

    I left a privately held corp. and exercised stock options. I now hold a certificate for 7000 shares. They contacted me wanting to buy them back. They said they are going to change the corp. type and my shares would be basically worthless. If I...

    Andrew’s Answer

    The answers to your questions will depend upon the paperwork you completed in acquiring the shares, such as stock purchase agreements, the stock certificates, a buy-sell agreement and possibly other documents as well. You'll need to show all of those documents to an attorney in order to get proper answers.

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  • How do I dissolve my C Corp?

    I have a civil claim against me already for back trust dues I can't keep up with. I also have a secured SBA loan and credit cards along with other company debt. I have looked into file bankruptcy and the cost is tremendous. I am aware I still am ...

    Andrew’s Answer

    I've attached an article about how to dissolve an Oregon company. You should keep in mind that dissolution will not wipe out the company's debts. Following dissolution, a plan of liquidation is typically implemented, whereby creditors are informed of the dissolution and given notice of it.

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  • Starting company by foreign national

    My friend has a company in India and wants to establish a fully owned subsidiary in US so that he can open a bank account and conduct business here. There will not be any employees in the US. How can he do this? Can he do this from any state in th...

    Andrew’s Answer

    Not to be dismissive of your questions, but if you're really interested in hiring a lawyer to help with this, you should just run a search on this site for lawyers who work with startups and help people form companies, and you should pose all of these questions directly to that lawyer who you end up hiring. That should speed up the process for you.

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  • If I give out penny stock picks to subscribers -

    And provide a contract stating that they must make the trades themselves as well as that there is no guarantee of the results of the trades - Is this legal? If so - is there a max I can charge for the picks? I am not a licensed broker or anything ...

    Andrew’s Answer

    Don't give out investment advice without first qualifying as a registered Investment Advisor. This industry is heavily regulated by the SEC. I've attached a link to the SEC's web site, and, as explained on that page, "People or firms that get paid to give advice about investing in securities generally must register with either the SEC or the state securities agency where they have their principal place of business." Read the information on that link for more background and a further explanation of this industry.

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  • Basically, I am a college student and want to sell stock advice.

    I won't be in possession of anyone's money. I simply wish to sell advice only. Do I need to be legally certified and, if so, how can I do this while still in college?

    Andrew’s Answer

    I doubt you'd be able to do this while still in school. You'd be holding yourself out as an Investment Advisor (a defined term), and they are heavily regulated by the SEC. If you'd be interested in this career, contact investment advisory firms in your area and see if they'd be willing to talk to you.

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  • Asset purchase and USCIS Criminal liability for old owners?

    We purchased assets of a company, no liabilities. If the old company had any USCIS fraud issues, will the old owner face criminal charges even after the old company is dissolved?

    Andrew’s Answer

    I'm responding simply to help guide you in the right direction. I think this is more of an immigration or criminal law question, and you might want to consider reposting it under those areas of law to get the best answer.

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  • Do I want to add my spouse (my wife) as an incorporator in Oregon when filing for a S-Corp? Or is it assumed that she is?

    Myself and my wife are in our 30's and have 2 young children). We have 4-5 farming ventures and are working on starting an S-corp that everything will flow through. When I'm filling out the paperwork in Oregon, should I list my wife as an incorp...

    Andrew’s Answer

    The incorporator is the person who files the Articles with the Secretary of State's office. Only one person needs to be listed. However you divide up the shares really depends upon your long terms goals with the company; how you intend to divide up ownership (if it will be more than just you and your wife); and how your taxes are filed. There may be other considerations as well. Every situation really is unique, and I know a lot of first time entrepreneurs/startups don't want to hear it (or are just cost conscious), but there is no such thing as a one-size-fits-all template. Finally, I think you may be confused about S corporations. The IRS allows businesses to "check the box," which is another way of saying that businesses may incorporate however they wish (corporation or LLC) and then later elect to be taxed however they wish (C corp, S corp or partnership tax), with some exceptions. It sounds like you are planning on starting a corporation and then electing to be taxed as an S. You could also create an LLC (they are easier to manage) and still elect S status. To figure out which entity will be best for you, though, you should really speak with a lawyer and hire an accountant as well. I've attached an article about LLCs taxed as S corps, as that might be helpful.

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  • A man claims to be a financial investment consultant for an international company but is resigning to start his own company

    He said there is a clause about not taking clients but he has some oil barons in Dubai who want to remain with him so he wants to put the initial paper work in my name and address and he said this was legal and when the time limit is up he will t...

    Andrew’s Answer

    To be blunt, this is almost certainly a scam. Don't waste your time and money on anonymous inquiries like this.

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