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Nancy L. Lanard

Nancy Lanard’s Answers

474 total


  • Is the EIN number all I need to run a business?

    Is a EIN number all I need to run a business? Also I found it in California but I am running a business in Pennsylvania how do I fix this? I'm running a concert promoting company.

    Nancy’s Answer

    Did you form a corporation or a limited liability company and then obtain an EIN? If so, you will need to either file in PA as a "foreign corporation" or "foreign LLC" or dissolve the CA entity and file for a new corporation or LLC in PA. If you are a sole proprietor, I am not sure why you would have an EIN - your social security number would suffice.

    Good luck.

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  • Do I need to have an established business to make it a franchise?

    Can I open a business for the purpose of selling franchises, or are there requirements that would prohibit this?

    Nancy’s Answer

    It is always recommended to have an existing business that you have established before you franchise. The existing business serves as the model for the franchise. To comply with franchise laws you will need a Franchise Disclosure Document prepared and it will need to be registered with the State of NY (assuming that is the headquarters) and contain information on the Operations Manual, training procedures and, audited financial statements (again, if headquartered or selling in NY). Franchise law is complex and costly, a proven model is not a requirement, but is highly recommended.

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  • How do I file a DBA under an Umbrella LLC in Pennsylvannia? Do I have to publicly state it in a newspaper?

    I registered an LLC as a single member in PA State. Now I want to create DBA's under the LLC umbrella. How do I do that; and also do I have publish it in the newspaper and provide proof I did so? Above all, I want to keep my business private fr...

    Nancy’s Answer

    You would file a fictitious name registration with the Commonwealth of Pennsylvania for each name. The owner of the fictitious name would be listed as the LLC. However, please realize that filing the fictitious name registration with PA does not give you any rights to the name. To obtain rights to the name you need to file a trademark with the US Patent and Trademark Office for each name or logo.

    You should consult an attorney to obtain advice on the best method to accomplish your goals. A fictitious name registration is meant for the situation in which a business entity or person is operating a business under a name that is different than their legal name (eg: XYZ, Inc. doing business as Mama's Pizza). Mama's Pizza in that instance is a fictitious name and needs to be filed with the Commonwealth of PA. However, to protect the name so that other businesses don't use Mama's Pizza, you would need to register the name and any logo with the U.S. Patent & Trademark Office. .

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  • Assist me in this transaction?

    I am a private citizen. Recently a company offered me a large deal and I know another company who I can sell this deal to and make a decent profit. My concern is that when I go to tell the buyer about the deal they will cut me out because I know v...

    Nancy’s Answer

    I am sure that most of the attorneys on Avvo will give a free consultation.

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  • Can I trademark a business name if I do not planning on starting the business for a few years?

    I want to claim a business name even though I don't plan on starting that business for a few years. Is that possible? If so, how do I go about doing so?

    Nancy’s Answer

    I agree with my colleagues as far as a trademark registration with the U.S. Patent & Trademark Office. However, I am unclear whether you may be referring to protecting the business name with the Commonwealth of Pennsylvania. You can file your corporation or limited liability company prior to starting the business and this will give you some limited protection for the name. You also should secure a website domain with the name.

    Good luck

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  • Can I change percent ownership of a PA LLC without filing documents with the state?

    A Pennsylvania LLC has two members, and the operating agreement specifies that each is a 50% owner. If the owners agree to change this percentage, is having a new operating agreement enough? Or do they have to file any amendments with the state. T...

    Nancy’s Answer

    The PA Corporation Bureau does not need to know - nothing needs to be filed with them. You should amend the Operating Agreement to reflect the change and issue new Member Certificates if ones were originally issued.

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  • Looking for a Lawyer who can facilitate some business sale documents such as Asset purchase agreement, indemnity agreement, etc.

    I am selling a Laundromat in West Chester, Pa. The new owner and I have been working very well together. We are interested in using the same lawyer to facilitate the closing documents and share the cost. We need an asset purchase agreement, indemn...

    Nancy’s Answer

    This is something that is pretty standard for a business attorney. You should contact an attorney ASAP. You can find some very qualified attorneys through Avvo.

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  • Should I go ahead and call them? Ideal ceased over 10 years ago. Any filings since then would all be zero.

    I was one of the founders and owners of a corporation named Ideal Systems, Inc. years ago. Over ten years ago, the assets of the company were sold to a much larger company (Global Healthcare Exchange, llc). At the moment of consummation of the s...

    Nancy’s Answer

    My suggestion would be to call the attorney who signed the letter and discuss the situation. It sounds to me like they are a collection firm for government debt. I think if you called, you would, at a minimum, gain clarity on what they are seeking and whether it is legitimate or not. Make sure you use caution before you send them anything.

    Be careful!

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  • Can I kick out commercial tenant and make them pay rent?

    I have a commercial space that I have leased to a person for 1 year. In this lease are a list of rules the tenant must follow, currently 5 of them are being broken. Notice has been given to the tenant to stop, and ignored. My lease states "This...

    Nancy’s Answer

    Any attorney who responds will need to see the lease before he or she could give an answer. The lease governs the arrangement between you and your tenant. It is possible that you may be able to evict the tenant for breach of the lease, but you most likely will need to provide the written notice and opportunity to cure the default that the lease requires. You must follow all procedures for default that the lease provides and then you have the remedies that the lease provides. If eviction is a remedy that the lease provides and payment of the remaining rent, then you may have that right.

    You should consult a local commercial real estate attorney.

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  • How can we remove these board members.

    I work for a Cyber school that has a self appointed board. No elections. Their term years were suppose to be 3 years. They amended the bylaws to allow themself to permanently stay on the board. Parents and staff are looking for some verses in ed...

    Nancy’s Answer

    Let me first indicate that this is not my area of expertise. However, with that said, I would think the the PA Attorney General's office would be interested in learning of violations of the Sunshine Act by a cyber school. You may want to check with them.

    Good luck.

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