I am looking to open a holding company in Delaware and want to ensure that there is no issue in being a LLC to own my California CORP that operates as a real estate brokerage. I know that a LLC may not directly be licensed as a real estate brokera...
Remember that your LLC, wherever you incorporate, will need to be registered to conduct business in California and likely pay franchise taxes. You also need to consider whether an LLC is the best structure for you if you intend to seek investors in your venture outside of California.See question
If a company that has been out of business for over 10 years has a judgement from 12 years ago for state labor taxes does it ever expire? or become null?
If the judgment is registered, it likely needs to be renewed under the applicable provisions of NJ law. A check of the docket will reveal if the judgment has been re-registered.See question
The settlement check was made out to only me. Does she have the right to withhold the check and insist it go through her escrow account?
The attorney likely needs to be paid for their services, and will present a closing statement to you showing your share of the funds. Settlement funds are generally placed in escrow in this manner.See question
A friend of mine asked me if I could recieve 50k usd (for tuition) wire transfer from his family in China and then send the money to him, since his receive amount was reached this year (Chinese regulation).
The money transfer issues when dealing with Chinese residents are always problematic. Many immigration attorneys who work in the EB-5 space may be able to provide further guidance on the transfer which forms the basis of your question. Whatever the case, you will need to take appropriate steps to comply with AML and OFAC requirements, as well as to prevent these funds from creating a taxable event.See question
For a early startup where the founders don't have a equal equity split, is it needed to have a shareholder agreement? According to https://handbook.clerky.com/formation/process it almost seems like it's not needed.. Please advise. Thank You. ...
Your shareholder agreement not only delineates the split of stock, but also the rights of the shareholders, redemption restrictions and how disputes are to be resolved. Your shareholder agreement if properly drafted will save you a lot of time and money in the long run.See question
We are a Vermont L3C doing business in California. We would like to spin the local part of our operations off to a team who wants to run it. We'd like them to draft bylaws (that we approve) on how they will govern the business unit, and we'd l...
Depending on the law in Vermont, you may wish to create another class of membership interests for the team which would provide for the distribution of profit and voting rights you describe, as well as the ownership of your IP and trademarks.See question
About 11 years ago i started a business with a friend and im thinking the worst decision i have made was getting into business with this person. He is essentially one of the laziest person i have come in contact with, has no direction on where he ...
You're likely going to need to hire an attorney to file an action to dissolve your partnership and distribute the assets. There are other things you may be able to do from a corporate standpoint, but you will need to speak with an attorney to discuss how, what and when such things can be done, if indeed they can be.See question
I had an employment contract in which the contract indicated the appointment was made annually, but also that there would be specific conditions (reduction in usual job responsibilities) until a specific project was completed. The employer and my...
First off, you do appear to have an employment agreement, which helps quite a bit. But you will need to have an attorney review not only the agreement itself but your firm's HR/Employment manual to ascertain what options you have, what may have not been followed, what your obligations might be, and even if this matter can be litigated in court and where. If you can't find someone here on AVVO, the Arkansas Bar Association has a good referral service.See question
My brother and I are forming a general partnership and are not required in our state/district to register it. We have a 50/50 partnership agreement. I understand the risks with not forming an LLP instead. As a general partnership, we are going to ...
Having a 50/50 split is a recipe for trouble. You should discuss corporate formation options with an attorney to not only facilitate your investments and that of your brother, but also to plan ahead in event you and your brother have differences in how this partnership should be working. All of these things, including those about which you asked, can be addressed in a narrowly tailored partnership agreement drafted by counsel.See question
I am not a financial adviser but I know of other companies that provide Forex trade signal service. How would I go about it?
You will need to speak with an attorney experienced in commodities/futures regulations for further guidance specific to your product. The NFA and CFTC govern this area, and it may well be a signal service would fall under the definition of a "commodity trading advisor" and under some of the forex categories that NFA has created. Also, depending that upon which the service provides signals (S&P, Indexes, etc.), this service may fall into the regime of regulation of investment advisers.See question