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Corporation Problems

What is a corporation?

A corporation is a business created under the laws and regulation of a state that operate with its own liabilities that are separate legal business distinct from the members of the corporation. Most types of corporations are used to conduct business. Corporations use to be formed by charter passed by legislature, but in most cases now allow the owner to register the corporation. Read below where many corporation questions have been answered by the Experts.

Is there a limited amount of Doing Business As (DBA) a corporation is allowed to have?

Generally speaking there is no limit to the amounts of DBAs that a corporation can have although having a whole lot of DBAs may get very costly for the corporation since the corporation would have to file DBA announcements in every area that the corporation wants to do business in. If the corporation dose business throughout the United States, the corporation would need to file a DBA in every state and in some states they would need to file DBAs in every county that the corporation would like to do business in.

If a corporation does business only in the state of Kansas and only offers stock to Kansas residents, does the corporation have to register with the Securities and Exchange Commission?

17 C.F.R. Section 240.147 states: “a securities offering made exclusively to residents of a single state by a company both resident and doing business in that state are exempt from registration.” This means that since the corporation dose business only in Kansas and only offers stock to Kansas residents; it does not have to register with the Securities and Exchange Commission.

Can a corporation be dissolved if there is a pending civil suit and a judgment against it?

Can a 50% partner dissolve a corporation over a dispute and can the other partner buy him/her out and reopen the corporation and would the partner need to pay the cost of the business or just the assets/equipment? In most cases the partner can dissolve the corporation. The partners would need to get an appraiser in to appraise the assets and then the partner that wants to continue with the corporation would split the profits with the other partner. The person wanting to continue the corporation could then reopen the corporation and do as he/she wants.

Whether a corporation is having trouble or there are questions in which the owners need answered, the Experts can help. A corporation is a type of business that has several rules and regulations that make it confusing to most people. Dissolving or starting a corporation is a very detailed action and the Experts can advise as to how to move forward.

Ask a Business Lawyer

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Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

Recent Corporation Questions

  • Myself along with two other individuals started a Delaware

    Myself along with two other individuals started a Delaware C Corporation. One of the three founders has stopped contributing to the company. He basically abruptly left about 3 months ago.
    The founder who left has never signed any NDA or other legal contractual documents with the corporation. He is only listed as a director on the statement of incorporation and has been issued 33% of outstanding shares. The other two of us remaining own 66% together. All three of us are current directors
    We are in a position now where we are about to raise funding from investors. We are uncomfortable moving forward in this situation. The corporation has ownership of certain IP vital to the business. How can we move forward? Can start a new corporation between the two of us and sell all the IP to that new corporation? Can we void his shares and director position as he refuses to sign an NDA or any other legal documents to protect investors? We are in a dire situation here. Help is greatly appreciated.
  • There were a few times in which I was doing personal

    There were a few times in which I was doing personal shopping and realized that I had only my business card on me. I purchased about $220 worth of merchandise, but I noted the purchases on the statements and reimbursed the company. Is this considered 'comingling'
    of funds that jeopardizes me from the protection of the 'corporate veil'? Under what circumstances would something be considered 'comingling' that takes away protection of the corporate veil?
  • For Lucy, my son lives in NV having NV driver license. If

    For Lucy, my son lives in NV having NV driver license. If he goes to CA and borrow his Dad's CA-registered&Insured car & he caused accident in NV, then which laws will apply to this accident case? CA or NV?
    Since the car's owner(his Dad), registration, & insurance are in CA, then does CA laws will apply eventhough the case will be handled in NV court house due to the other party sue in NV court?
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