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I have an LLC and an S Corp in which I have established a

I have an LLC and an S Corp in which I have established a while back and have not really done much activity but am now ready to do some now. I have been keeping up with filing for the franchise tax reports to keep the accounts active but have not been filing with the IRS since there's no money earned in either for a few years. I'm wondering if it's ok, to re-start using these entities as my businesses?When I initially filed the S Corp for a particular industry category and that category has changed. Do I need to file any sort of amendment or anything?Also, if I need to remove a managing member off the LLC entirely as that member is not interested in doing this business, is it better to just terminate it and then create a new one or can I just do a change request through an amendment?

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
Question for - Bizlaw only, with regard to a notarized

Question for Richard - Bizlaw only, with regard to a notarized agreement ...Hello Richard ... You helped me to request a revision of a settlement agreement with our CPA, to include only the matter at hand, and for it to include a deadline for the refund check to be received. Below is the CPA's lawyer's revised agreement. I would appreciate you taking a look at it, and letting me know if it looks okay to you. Thanks so much!TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN,KNOW THATHUSBANDS NAME , MY NAME and OUR COMPANY'S NAME as RELEASORS, in consideration of the a payment of DOLLAR AMOUNT Received from CPAS NAME as RELEASEE, releases and discharges the said RELEASEE, RELEASEE'S heirs, executors, administrators and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns have in relation to allegations set forth in the email dated March 7, 2017 from OUR COMPANY'S NAME to CPAS NAME (a copy of the email is attached) effective as of the date of this ReleaseThe words “RELEASOR” and “RELEASEE” include all releasors and all releasees underthis RELEASE. As a condition of this Release, RELEASEE shall send RELEASORS the DOLLAR AMOUNT set forth in this Release within five (5) calendar days from RELEASEE's receipt of this fully executed Release. This RELEASE may not be changed orally.OUR COMPANY'S NAMEBy:______________________________MY HUSBANDS NAME, memberBy:______________________________MY HUSBAND'S NAME, personallyPage 2 of 3By:______________________________MY NAME, personallySTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY HUSBAND'S NAME , to me known to me to be the individual(s) described in, and who stated that he amember of OUR COMPANY'S NAME and who executed the foregoing RELEASE, and dulyacknowledged to me that he executed same on behalf of said company._______________________________Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY HUSBAND'S NAME, to me known to me to be the individual(s) described in, and who stated that he is named in and personally executed the foregoing RELEASE._______________________________Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY NAME , to me known to me to be the individual(s) described in, and who stated that he isnamed in and personally executed the foregoing RELEASE._______________________________Notary PublicFrom: OUR COMPANY'S EMAIL ADDRESSSent: Tuesday, March 07, 2017 12:53 AMTo: ***** *****Subject: OUR COMPANY'S NAME3-6-17OUR CPA'S FIRST NAME,We believe it's unethical for you to renege on our formal agreement by back charging us after we decided to terminate our relationship with you. It's for that reason that we intend to file a complaint with the State Board of Accountancy.While we reserve the right to pursue our refund in small claims court at a later date, we will inform the aforementioned regulatory agency that we are not requesting that they investigate a fee dispute, but rather the dishonoring of a written agreement and the fabricating of an invoice.We have just been informed by The Board, that once a complaint is filed it becomes a permanent government record, and legally must be produced to any member of the public if requested. With that said, we wanted to give you an opportunity to refund our $DOLLAR AMOUNT, consistent with what we agreed upon.Sincerely,MY HUSBAND AND MY NAMEOUR COMPANY'S NAME

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
I work for a small real estate investment firm in Colorado.

I work for a small real estate investment firm in Colorado. I am the managing broker of the LLC that holds the real estate brokerage license (the only one licensed in my office). Can my boss (who also owns the entitiy through which is licensed) keep the commissions that I bring in?

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39,476 satisfied customers
Recently I won a contest, and will receive my prizes in 8 to

Recently I won a contest, and will receive my prizes in 8 to 10 weeks. I have never won this big of contest before, and in the rules it says this about Publicity:Except where prohibited, participation in the Sweepstakes constitutes entrant'sconsent for Sponsor and its designees to use entrant's name, likeness, prize information,city and state of residence for promotional purposes in any media without furtherconsiderationI live in West Virginia. It says accept where prohibited, so where in the US is this prohibited? Wasn't sure what type of lawyer to ask about this. Does this mean they can use my picture etc all over media if allowed by my state?

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Phillips Esq.

Attorney

Juris Doctor

21,274 satisfied customers
What would be the best business structure to form and what

What would be the best business structure to form and what are some of the primary legal considerations for creating an IT services organization between a US citizen and non-US citizen where the new structure would be a division or subsidiary of an existing US S-Corp?

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
If somebody has incorporated a business under "xyz" but on

if somebody has incorporated a business under "xyz" but on the other hand somebody has a copyright of the name "xyz" already. who would have the upper hand? means to say can the person who holds the copyright of that name can stop the person from doing to the business who has the corporation under the same name? or the vice versa?

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Ely

Counselor at Law

Juris Doctor

68,658 satisfied customers
Questions about signing a settlement agreement... My husband

Questions about signing a settlement agreement...Hello…My husband is the owner of a sole member LLC. We have worked with an accountant since the end of 2014. We pay him a monthly fee, that we have recently learned is almost double the customary rate in our area. Additionally, we became concerned about the work he did for us. The monthly fee paid him in advance and included the filing of our 2016 tax return. We notified him that we were not going to continue with his services and requested a refund. He responded with a fabricated invoice for research done in 2014 and 2015, so as to adjust the amount we requested to about a quarter of what he actually owes us. He included a check for that amount with the fabricated invoice. We did not cash the check which he marked “final payment”. We notified the CPA that we believed it was unethical to dishonor our formal agreement and back charge us, and would be filing a complaint with the appropriate regulatory agency, and reserving the right to pursue our refund in small claims court at a later date. We said that we wanted to give him the chance to reconsider and refund us the amount we originally requested. We then received this email and attachment from CPA's attorney:CPA'S NAME had advised me that he already paid to you $ AMOUNT OF CHECK SENT THAT WE HAVENT CASHED of the $FULL AMOUNT WE REQUESTED you requested thereby leaving a balance of $DIFFERENCE BETWEEN AMT REQUESTED AND UNCASHED CHECK. To receive this payment we ask that you execute and return the attached release with appropriate notarizations. After receipt, CPA'S NAME will direct you the payment.TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT MY HUSBANDS NAME , MY NAME, and OUR COMPANY NAME as RELEASORS, in consideration of the a payment of $amount written out ($_____) Received from CPA's NAME as RELEASEE, releases and discharges the said RELEASEE, RELEASEE'S heirs, executors, administrators and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this RELEASE. In particular, but not in limitation of the foregoing, this release is given to settle all claims. The words “RELEASOR” and “RELEASEE” include all releasors and all releasees under this RELEASE. This RELEASE may not be changed orally.Company nameBy:______________________________MY HUSBAND'S NAME, memberBy:_____________________________MY HUSBANDS NAME, personallyBy:______________________________MY NAME, personallySTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY HUSBAND'S NAME, to me known to me to be the individual(s) described in, and who stated that he a member of OUR COMPANY NAME and who executed the foregoing RELEASE, and duly acknowledged to me that he executed same on behalf of said company._______________________________Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came HUSBANDS NAME, to me known to me to be the individual(s) described in, and who stated that he is named in and personally executed the foregoing RELEASE._______________________________ Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY NAME, to me known to me to be the individual(s) described in, and who stated that he isnamed in and personally executed the foregoing RELEASE._______________________________Notary PublicAfter receiving the above, I reviewed my records again and realized that the CPA actually owes us a month more than I originally asked him to refund, because we always paid him one month in advance. All of that being said, my questions are as follows:1. We are uncomfortable signing any settlement agreement, especially when the language seems all encompassing. If we get audited for example and owe money because of the CPA's mistake; will the notarized settlement release CPA from any suits regarding his errors? Also, my husband and I would both have to arrange a time to meet with the notary which is relatively time consuming, Further, the attorney doesn't indicate any date the we will receive our refund, just “after” the signing.2. Should we mention the amount owed to us for the overpayment that I didn't include in the original request?Much thanks!

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
I need a legal opinion on a Supplier Agreement I am a party

Hi:I need a legal opinion on a Supplier Agreement I am a party to.The Agreement was created to assign the franchise system rights to my company from a client that defaulted on a Development Agreement and owed considerable unpaid. Part of the consideration for us accepting the franchise system rights, was waiving the balance, which at the time was $45K.If you quickly review the Agreement you will see that the Seller (the original business Founder), was to perform various on-boarding duties, such as franchisee training and support, etc. Albeit, in exchange for a fee for each service performed.The Agreement is 3 years into a 10 year term and the assigning party now wants to sell the original business that the franchise system is based on (Better Life Maids). Further, he reports that his buyer wants to sunset the Brand, as part of the acquisition terms.I am in my current talks with him, as he is requesting that I reassign the rights back to him, "even though they had no plans on using the Brand". Unsurprisingly, he is offering little compensation, as he asserts "that if he walks away it will be worthless to me".My question is, based on the Agreement and his pledging to perform brand training and support, can I assert a contract interference defense to his abandoning the Brand and the Agreement? At this point, I am happy to grant back the rights, but not without the compensation originally wrote off in consideration of the original assignment, which is far more than the $15K he offering, as "a gesture to part as friends".

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39,476 satisfied customers
I JUST OPENED A NEW BUSINESS AND IT IS AN LLC. A COURT HAS

I JUST OPENED A NEW BUSINESS AND IT IS AN LLC. A COURT HAS ISSUED AN ORDER TO ***** CAN THE COURT ATTACH THE COMPANIES BANK ACCOUNT?JA: Can you tell me what state the LLC is registered in?Customer: MICHIGANJA: Has anything been filed or reported?Customer: THE COMPANY HAS BEEN FILED.JA: Anything else you want the lawyer to know before I connect you?Customer: THE SUIT IS AGAINST ME PERSONALY AND WAS GOING ON BEFORE BUSINESS WAS OPENED.

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316 satisfied customers
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