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Most Recent Questions in Legal Basics For Startups

Can the board of directors vote to create a DBA or should this be brought to the memebership?

The procedures for implementing a change like this should be set out in your organization's bylaws, policies and procedures, or in your state's laws governing not-for-profit corporations.... (more)

How can I make sure underage children aren't buying my products?

There's a real problem when teenagers have purchasing power (such as credit cards) but don't have the legal capacity to enter into agreements on their own. The problem of underage purchases is... (more)

What are the requirements for getting a business and import license?

The laws are very complex concerning the importation of goods, and from my perspective (although, hey, I'm an attorney), I wouldn't want to start a business--any business--without one.... (more)

How can I end a partnership with my ex?

If your partnership agreement contains the right provisions, you can purchase your ex-wife's interest in the business from her according to the procedure and valuation formula in the agreement... (more)

How do I set up a cost or royalty fee for running a replica of my website in another country?

You can certainly set up a royalty or commission sales arrangement with anyone wanting to sell your products. It's not clear from your brief description, though, whether using an exact replica... (more)

Are my personal assets protected under a business set up as a DBA?

Your personal assets are NOT protected if you do business as a DBA. All the DBA certificate does is let people know who's behind the fictitious name that you created for your company. It does not... (more)

If I offer a service but also sell products, do I need to have two seperate licenses?

Whether or not you need to have a specific license (apart from registering as an entity to do business in your state) to sell your services or products depends on (1) the nature of your business... (more)

What are the consequences of underestimating the fair market value of a pure startup in an 83(b) election?

The valuation of a business is never straightforward--particularly not with pure startups where there's no historical way (e.g., earnings or other ratios) to gauge the fair market value. What's... (more)

Are there any special licenses for doing business online in other countries?

In general, you do not need a specific license to conduct business online.  However, serving overseas customers can involve tricky questions of domestic and international tax law.  Sit... (more)

What's the best way to research which states are better to run a business in?

The anwer to which state is "better" depends on what you are measuring, and in turn points you to the resources you'll use to investigate that issue.  If by "better" you mean lower taxes, an... (more)

What are the usual terms for severance packages and non-compete clauses for general managers hired to run startup companies?

Severance and non-competition provisions are usually handled on a company-by-company basis in the United States, so it's hard to get a clear read on what's "usual," especially for... (more)

Is it unethical to start a business that is just like another business?

No, of course not, you don't abandon your idea. You do make sure that you don't use any trademarks of copy or any copyrighted material without permission. But think about it -- where would the... (more)

Do I need a permit or license to sell crafts in Florida for just one craft show?

Having a two year horizon to plan the opening of your business is a wise move. There are many, many issues involved in starting and running a business. As you have the time, consider enrolling in... (more)

I am incorporated and have a small retail store in Ohio. When I expand to another state, do I have to incorporate in that state also?

A good rule of thumb is that if your company wants to have an office presence in a state other than its home state, it should either incorporate as a separate entity or qualify to do business as a... (more)

If my business isn't starting until next year, do I still need to file tax forms for this year?

Unfortunately, yes. Even if it's just a partial tax year, you are responsible for filing tax forms for each year that your business is in existence -- regardless of whether it is generating... (more)

Can a business partner be charged with embezzlement?

<P>Business partners absolutely can be charged with embezzlement. Embezzlement is simply a form of theft, but one perpetrated by someone who had a relationship of trust to the company. A... (more)

How do I prevent legal conflicts when hiring employees from abroad?

<P>The steps you need to take depend on whether you want to hire someone from overseas to work in the United States or want to contract with someone to perform services for you from their own... (more)

Can I copyright a recipe?

The Copyright Office clearly states that mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula... (more)

Can the current owner of a business transfer her tax ID number to me if I am keeping the same name of the business?

The answer to your question depends on exactly what you are intending to do. As a general rule, a Tax ID or Employer Identification Number (EIN) cannot be transferred when there has been a change... (more)

Can the current owner of a business transfer her tax ID number to me if I am keeping the same name of the business?

The answer to your question depends on exactly what you are intending to do. As a general rule, a Tax ID or Employer Identification Number (EIN) cannot be transferred when there has been a change... (more)
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