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James J. D'Esposito's Answers (7983)

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Archived

How much is my idea worth to a partner?

James's answer | Answered on July 19, 2016

This is not a legal question and the split of interest in your partnership will depend upon your negotiating posture and the relative value of...

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If a construction contract is terminated by owner can any warranties for items like living plants still be imposed by the terms

James's answer | Answered on July 18, 2016

Sorry for your problem. At the least it should serve as a lesson to make sure the agreement provides for staged payments and recourse to you in the...

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How do I retrieve (get back) my IRA that I 'allowed use of' via a promissory note to a company that I can't locate/contact?

James's answer | Answered on July 18, 2016

I'm sorry to hear about your problem - it sounds like you invested your IRA funds with an unscrupulous party. I would start with complaints with...

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Can I be responsible for the debts (a business line of credit and business credit card) if the account was opened as an LLC?

James's answer | Answered on July 18, 2016

Unless you personally guaranteed the debts, you should not be liable for the obligations of the LLC. That is particularly the case where you...

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What can I do to make a business contract between family members "non-adversarial"?

James's answer | Answered on July 18, 2016

Aside from setting forth the basic economic terms of a business relationship, an agreement is designed to address as many contingencies as...

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What is the correct form to use to for a business entity application with the CA Sec. of State for an LLC Insurance agency?

James's answer | Answered on July 18, 2016

It depends upon your activity as an insurance agency. If you are in the business of issuing policies of insurance, you cannot form an LLC. You...

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Will there be penalties from State and IRS to have registered for LLC in WA but decided to stay in sole proprietorship?

James's answer | Answered on July 18, 2016

You will not face any penalties for electing to not conduct business in the LLC. You will have to file periodic reports and pay fees to the State...

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Can company (for or nonprofit) have a king/queen in name only?

James's answer | Answered on July 18, 2016

You can create whatever officer positions you desire, in accordance with the By-Laws and applicable corporate law. It's certainly unusual, so you...

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How can i protect my business idea?

James's answer | Answered on July 18, 2016

I would do a quick consult with an Intellectual Property Attorney to see it can be protected, then seek funding on a non-disclosure basis. Do not...

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"Pay me now or else I'll ruin your business reputation..." When do demands and threats become blackmail?

James's answer | Answered on July 18, 2016

"Pay me now or else I'll ruin your business reputation..." sounds like a little like extortion, but posting truthful negative reviews is not...