Questions answered by Phillip Monroe Smith

Archived

Is there a legal finance company for breach of fiduciary duty lawsuits?

Phillip's answer | Answered on August 25, 2012

Attorney's are typically not willing to take civil cases on a contingency basis because they are taking all the financial risk (in this extremely...

Archived

Does the same S corporation shareholder agreement have to be used for all shareholders? If not, can the shareholders...

Phillip's answer | Answered on August 24, 2012

A shareholders agreement should apply to all shareholders in a closely held corporation. Typically it can contain a provision for 1) a right of...

Archived

Would it be must for me (85% share holder) to buy my partner's share (15%) of a corporation if we had formal paper agreement?

Phillip's answer | Answered on August 22, 2012

Assuming this is a corporation, you have no legal duty to buy the minority shareholder out unless you contract requires you to do so. You need to...

Archived

Can a Corporation sue if pro per?

Phillip's answer | Answered on August 21, 2012

No. A corp. must be represented by an attorney in California. Sent from my Verizon Wireless 4G LTE DROID

Archived

I have an operating agreement with my partner, but I am not on the lease or the LLC. It was done by an attorney and notarized

Phillip's answer | Answered on August 21, 2012

I agree with the two attorneys who answered this question.You need to have your "contract" , the operating agreement, and all LLC documents...

Archived

Audit from edd with final numbers . ignored it and i was put in collection. company was llc, can i do away with it?

Phillip's answer | Answered on August 19, 2012

In my opinion you need immediate representation because you have created a very dangerous situation for yourself. No only will you be pursued by...

Archived

Do I have legal recourse of bad faith and unfair business practice in m situation?

Phillip's answer | Answered on August 12, 2012

This question is too fact intensive, and appears too document intensive for AVVO. You need to secure a free consultatioin with a business attorney...

Archived

If a California corporation only has two owners do they both have to be listed in the Statement of Information?

Phillip's answer | Answered on August 11, 2012

Shareholders do not have to be listed in the Statement of Information in California and most states. Your are only required to list the officers...

Archived

CA second home tax treatment

Phillip's answer | Answered on August 11, 2012

i see this as wrap around mortgage arrangement because your son is paying you the mortgage and downpayment back to you. This arrangement could also...

Archived

S Corporation/Shareholder Distributions, etc...

Phillip's answer | Answered on August 10, 2012

An S corp is a pass though entity. This means if there is a 100% shareholder, all profits that are not provides for in wages would pass through to...

Phillip Monroe Smith's Answers (1330)

Is there a legal finance company for breach of fiduciary duty lawsuits?

Does the same S corporation shareholder agreement have to be used for all shareholders? If not, can the shareholders...

Would it be must for me (85% share holder) to buy my partner's share (15%) of a corporation if we had formal paper agreement?

Can a Corporation sue if pro per?

I have an operating agreement with my partner, but I am not on the lease or the LLC. It was done by an attorney and notarized

Audit from edd with final numbers . ignored it and i was put in collection. company was llc, can i do away with it?

Do I have legal recourse of bad faith and unfair business practice in m situation?

If a California corporation only has two owners do they both have to be listed in the Statement of Information?

CA second home tax treatment

S Corporation/Shareholder Distributions, etc...