Ask Entrepreneur - Legal Basics For Startups

What's the difference between an S Corp and C Corp?

How do I know which one to choose?
Nina Kaufman

Which is best for us: an LLC or incorporation?

My husband and I currently run a sole-proprietorship business. We're not sure what the best legal entity is for us. What should be consider?
Nina Kaufman

After filing bankruptcy, what does it mean when the trustee files a motion requesting denial of exemptions?

I filed for bankruptcy, attended a meeting of creditors, paid my attorney and am now waiting for discharge.
Nina Kaufman

Do I need permission from my customers to post photos on my website of projects I've completed at their homes?

I'm a remodeler and I take before and after photos of my work.
Nina Kaufman

When my employees get sales commission in the middle of the month, can I hold off the payment until regular payroll?

I pay my employees' regular salary once a month. But when their sales commission comes in, can I wait and pay that to them along with regular payroll at the beginning of the following month or do I need to cut them a check right away?
Ryan Himmel

How do I terminate my lease when there has been damage to the property from a natural disaster?

I have a two-year lease and there was a flood in the building making it unusable. The landlord is promising to repair the extensive damage but he is waiting for the insurance company to give him money. How long am I obligated to wait? It has already affected my business.
Nina Kaufman

What are my rights as the minority shareholder who is being laid off by majority shareholder?

I'm a guarantor on the company credit line? We are the only guarantors on the credit line. There are two other minority shareholders, one was laid off nine months ago but kept his shares, and the other is still working at the company.
Nina Kaufman

As the founder of a non-profit business can I have a lifetime employment agreement?

I want the agreement to guarantee my executive director position.
Nina Kaufman

Can I name my business the same name as an existing business in another state?

I have an idea for a name for my new cupcake shop in Michigan, but after a little research I realized the name I'm considering is taken by a grocery store in California. Is it legal for me to use the same name? Are there copyright issues with this?
Nina Kaufman

Is it legal for my manager to change my job description?

I was hired under a different job description. What rights as employees do I have?
Nina Kaufman

Should I allow my partner to walk away from our business but retain his ownership of our trademark?

We founded this company three years ago. We trademarked our logo and name as well as registered a domain name. My partner now wants out of the business and is willing to waive all financial rights--except the domain and trademark. Should I ever sell the company and/or trademark, he wants to claim part of the price.
Nina Kaufman

Can I still collect unemployment if I have a sole proprietorship?

I recently got laid off from my full-time job. Now my small business only makes enough to cover my business expenses.
Nina Kaufman

As a web-based business, do we need to register as a foreign qualified LLC in every state?

We are a newly formed Texas LLC operating a web-based business that provides a service in all 50 states. Our only physical presence will be in Texas.
Nina Kaufman

Should I bother to register copyrights and trademarks for my new business?

I am looking to start up my own fitness boot camp company. I'm creating a custom logo and website. The website will focus on fitness articles for my clients.
Nina Kaufman