If an LLC member is an authorized user of a bank account but not an employee can they legally make withdraws from the account?
James's answer
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Answered on May 24, 2016
It depends upon the LLC or operating agreement whether a member has authority to make disbursements from the LLC account. Employee status has no...
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What is maximum $ that can be gifted without being considered income? Does the gift have to be claimed for Obamacare?
James's answer
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Answered on May 23, 2016
Gifts are not income. If they exceed $14,000 in a year from a particular donor, he or she will have to file a gift tax return and, possibly, pay...
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I just incorporated in NY (during the online process it never asked me if I wanted an S or a C corp, so I assumed it incorporate
James's answer
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Answered on May 23, 2016
S corp status is a tax concept and has nothing to do with forming the corporation. Once formed you can elect Subchapter S status by filing with the...
Archived
To inc or not? Which state?
James's answer
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Answered on May 23, 2016
Yes, you're exposing yourself to potential liability by operating as a sole proprietorship. Nevada and Delaware are great low-cost States for...
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Can a non-profit theme park/permanent renaissance faire be set up as a commune or other incorporated entity?
James's answer
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Answered on May 23, 2016
Your goal seems to be to obtain a tax-exemption. That requires strict adherence to the requirements of the Internal Revenue Code, such as...
Archived
If we walk away from the lease can the Property owner sue the owners for breach of lease or are they protected by the LLC?
James's answer
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Answered on May 23, 2016
Absent special circumstances or a personal guarantee, the owners of the LLC will not be personally liable for the obligations of the LLC. You...
Archived
Do need a license?
James's answer
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Answered on May 23, 2016
First, you should form an LLC or corporation to limit personal liability from your business. The question of what, if any, local licenses may be...
Is my non-compete agreement valid as an unpaid intern?
James's answer
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Answered on May 23, 2016
It's amazing that the prior attorney would require an intern to sign a non-compete. But you have one and need to assess its enforceability so that...
Archived
What steps should we take to confirm that the partner has been embezzling company funds?
James's answer
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Answered on May 23, 2016
Yes, you need to audit the books and records and retain an experienced Corporate Attorney to assess your options.
Archived
What type of attorney will be experienced with obtaining a court order for search engine giant like google to remove fake review
James's answer
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Answered on May 23, 2016
I doubt that you will want to retain an attorney to go to Court over a bogus review. There are companies (e.g., Brandyourself.com) that will help...