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When a franchisor wants to terminate a gas station lease,

When a franchisor wants to terminate a gas station lease, under the PMPA does he have to offer it to me for sale first. I've been trying to buy it for years and just got my lease termination/non-renewal notice tonight and the business is profitable do not want to lose it

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Richard - Bizlaw

Juris Doctor

9,824 satisfied customers
I am about to open a cowork space / tech hub and it will be

I am about to open a cowork space / tech hub and it will be licensed under a 501(c)3 and have a question regarding unrelated business income.The main source of income from this entity is going to be rent paid by individuals who lease space in our facility. This will range from $150 a month to $800 a month depending on where they want to be and what level of access they want.The nature of this space is to allow tech developers and like minded thinkers to work in and around other people of the same stature, hopefully collaborating on multiple projects.My partner and I both have solid backgrounds in IT, design, web, branding, business development, etc and plan on using those talents to make ancillary income which leads me to this question:If we run the non-profit properly, record everything, have a board of directors that sits over compensation (we will only be getting paid what our fixed bills are - rent, car, insurance, phones) and the rest goes back into the business to be used for grants... if we do all this, how can the unrelated business income be payable to us?Lets say we take on a client for a $20k back end database... and $15k of that is profit.... how do we pay ourselves without it jeopardizing our tax exempt/non-profit status?We are already going to be running a few for profit entities out of this office, completely unrelated to the CoWork space, so I'm trying to keep the bookkeeping as simple as possible without having to register ANOTHER entity specifically for the consulting - or is that the best thing to do, keep everything separate and dont comingle income?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
I was given an answer to a similar question last night,

I was given an answer to a similar question last night, however it may have lacked some of the following details and would like this question answered now that I have provided perhaps a more organized background for the consideration of my question. I am forming an LLC for an online consulting business, as well as developing a couple additional websites for the purpose of affiliate marketing. These additional websites ultimately tie into the consulting. The main site will be a blog, forum, and appointment generator. Revenue will come from any advertising that may be associated to the site once it gains traffic and through contracted consulting. I am building a website to list businesses for sale, and as a affiliate lead generating site for business brokers. Revenue will come from advertising space paid by business owners, and pay per lead affilates. I will have the site linked to the consulting site where I plan to look for opportunities to add value to those businesses by consulting on operations and marketing strategies. The other site will be an affiliate loan leads generator. This site will also be linked to the other sites as it will be gathering information as leads for business loan institutes. I currently live in South Carolina. I have been planning my business strategies for some time, however not until I made the decision to leave my salary position and give my full focus on my business did I plan, or research much on the time of expedition of the LLC as well as what benefits may be available forming in another state. I have looked into Nevada as it appears to have all the protections I would want in a llc, they also offer the series in the llc. I plan on all sites to operate under one llc, and given my interpretation of the series see that as an opportunity to protect each site individually under the operating LLC Name. Is my interpretation correct? Also given I did not research the expedition of South Carolina llc formation, which is 35 days/25 if rushed, the nevada expedition can be done as fast as 2 hours for a fee with normal processing 6-7 days and for an additional $50 it can be done in two. The state filing fee is less than South Carolina as well. The expedition process is important to me, as I wish to set up and fund a business account asap, and want to launch everything under the protection of an llc. I have some cushion financially, but it is limited. All this being said I will be a single owner for this formation. The only potential change I can for see in the next year would to bring in a profit sharing partner. I plan to outsource any work to freelancers rather than have employees for now. Given the information I provided is forming in Nevada a good consideration?

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Richard - Bizlaw

Juris Doctor

9,824 satisfied customers
I have been looking into forming my llc in Nevada. My

I have been looking into forming my llc in Nevada. My business plan is for consulting and acquisitions. I am launching my business through the internet. I am going to have a website set up as a blog and a place to share numerous spreadsheets and strategies along with an appointment generator. Additionally and building a couple websites for the purpose of affiliate marketing. All the websites I plan to fall under the one llc, and at any point one takes off with more substantial revenue I would create an llc for that particular site. I also plan on acquiring some established affiliate and marketing websites. I reside in South Carolina, and will be operating the business by myself until the point I feel the need to employee other people. I have also considered having a profit sharing partner at some point, but not an owner. The long term plan is to create a consulting organization and to build teams. For this to take place I will want to be able to show potential investors that my model works so I can get the funds to grow the organization. Regardless I look to do much of the consulting remotely. My questions are would Nevada be a good state to form an llc based on the information I have provided you. If so, will forming in another state create any issues when I go to establish a business checking account, this of course after establishing a registered agent and obtaining a federal ein. I have also looked into having office space, would I have to register in South Carolina if Office space is used?

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CalAttorney2

Attorney

Doctoral Degree

20,240 satisfied customers
I have a general contract law question for you. How exactly

Hello,I have a general contract law question for you. How exactly is a contractual provision affected by trade usage / common dealings?For example, a company I deal with has a contract with ALL employees. That contract states that the company shall pay employees a bonus as calculated by the LOWEST estimation of profits. However, to be nice, this company has been calculating a HIGHER bonus by using higher estimation of profits in order to give the employees a better bonus.Now, if the Company decides to fall back on the original contractual language and utilize the LOWEST estimation of profits, is the Company going to be in trouble?If it helps, I'm basically trying to find out how common usage and past dealings would essentially affect the company's decision to now fall back on the original contractual language. I can definitely offer more of an explanation if you need one. Thanks!

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Damien Bosco

Attorney

Doctoral Degree

3,116 satisfied customers
Small 501c3 corporation, with valuable websites wants to

small 501c3 corporation, with valuable websites wants to know how to keep the websites built by it up indefinitely without continuing to solicit funds or do further charitable work.should it just keep filing returns and basically stop work? Will IRS accept a rather passive 501c3.

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
State of Illinois not-for-profit/501(c)(7) organization.

State of Illinois not-for-profit/501(c)(7) organization. Currently, our bylaws have a Married class of membership, defined as follows: Married membership shall be for a man and woman married to each other. Is there any requirement under Federal law given the Supreme court's ruling legalizing gay marriage nationwide or state law, that we need to revise the definition of our Married class of membership? It appears under 501(c)(7) we cannot discriminate based on race, color or religion and doesn't say anything about gay marriage or even gender. I didn't see anything in the Illinois statute about non-discrimination on the matter either.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
I have kind of a business arrangement / franchise potential

Hi... I have kind of a business arrangement / franchise potential question. Where I am the franchisor.I have a small chiropractic business I am expanding. I have a guy that is struggling in practice. He is a good chiropractor and great guy but just not business savvy and I have the opportunity to kind of partner up with him (bail him out so to speak) by helping him get his business going by converting it to a franchise location for me or partnering up with him in some way.Advantage to him is he can break even or make money quickly to support family, etc. using my model (well in theory). He is bleeding about 1k a month right now and has been at it 1.5 years with just a 3k month overhead so he aint exactly growing too quickly.Advantage to me is that I can add another location to my company fairly quickly/easily (be our 3rd) in an area I would love to have a location with a doc ready to go... so that is my drive to make this happen.So the question is this. If I move forward with this, I am struggling on ideas of how to arrange the 'deal' with him.Not sure I want to take over his lease for him (1.5 years remaining) because he could of course abandon ship. Could just add my name on to lease and take over his operations and hire and train him. That seems clean only because he is still on hook for lease but why do that if don't have to be on it is my struggle there.Next option I thought is have him sign on as franchisee and just add addendum for no Franchise Fee, No royalties, etc and maybe just defer it all along with paying back any money I spend to get this going (be about $15K initially most likely to get him up to speed and hit marketing hard for several months)I have come up with scenarios and typed them out but didnt want to attach here because feel like it will be too overwhelming to read my potentially terrible scenarios.So my question is... Can you give me some ideas on a way to employ or partner with a guy in a situation like this where it makes the most sense.Perhaps some partnership hybrid where he can't abandon ship if all is not going well. So maybe he stays on lease and we just have an agreement with him that we take over his finances of the office and hire him as 1099 for low wage plus percentage as turns profit.Or perhaps a modified franchise option as mentioned above with a loan to get him going and he starts implementing my systems. Starts paying an amount per month towards these things on a profit level reached.Anyway.. hope this is a reasonable question you can give me some insight on.While I will probably consult an attorney in my area I like checking with this service as well so I can get an affordable second opinion and maybe just ideas of creative fair ways to structure it but most importantly any pitfalls to watch out for that I would not see coming or know about.

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
I want to start an AirBnB business. What kind of business

I want to start an AirBnB business. What kind of business entity should I use if I own the house and my business partner owns the furniture (and we want to keep the ownership of the assets separate)?

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Asad Rahman

Attorney

J.D.

3,196 satisfied customers
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