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Since California is a community property state, in all likelihood, the LLC would be treated as community property even if it is in the husband's name, but you should consult with a California to make sure that the quit claim deed has not negatively affected your rights in the asset.

If you had directed the adviser to liquidate your investments and keep the balance in cash or money market funds, then the adviser might be liable for failing to follow your instructions. If you only gave general information and a time line, then you were giving the adviser discretionary...

Bill, you should consult one-on-one with a securities lawyer. There are too many subtle factual issues to be able to answer your basic question. "Oversight" by the SEC is only one aspect. Is the investment a "security"? Are you selling a security using advertising or general solicitation...

In many places, "home based" catering businesses are subject to the same or similar rules as a restaurant, including the requirements for a commercial kitchen and inspections by the local health department. Your friend should get an attorney who is familiar with the specific locality where...

If you are asking whether using the Terms and Conditions from another website may infringe the copyright of the author of those terms and conditions, the answer is a very weak "maybe." Most terms and conditions have such similar language that it is highly unlikely that there is anything...

You may be able to settle with the IRS if you are truly unable to pay. As responsible parties, you are certainly liable and the IRS is very aggressive about collecting "trust fund" taxes, but it is worth asking. Chances are slim that they will put you in jail but chances are very good that...

If all you are copying is a concept, you are free to do so. However, be careful to insure that you DON'T copy anything that is protected. Obviously there are things like trademarks and copyrights. Copyrights not only may cover things like menus, operational manuals and photos, but may even...

As President, you have the right to call the shots unless you are overstepping the authority granted to you in the articles of incorporation, bylaws or Virginia corporate law. The board of directors could overrule you, but her vote has no more weight than yours, so the directors are deadlocked...

In other words, in the absence of a buy-sell agreement (which you apparently did not have with your late mother-in-law), you cannot unilaterally determine a valuation. If you, your wife and your brother-in-law cannot agree on a price, a court will set one for you. The cost of hiring attorneys...

Your organization can accept donations without obtaining 501(c)(3) status, but the donors will not be able to get a tax deduction for their contributions. A charitable organization that solicits on its own behalf does not have to register with the Indiana attorney general's office. Only...

What a great idea! I cannot tell you specifically about Rhode Island, but I can give you some general pointers. First, you need to form the entity under the Rhode Island non-profit corporation. To incorporate, Articles of Incorporation (Form No. 200) must be filed with the Office of...

What state are you in? What does your operating agreement say? Unless there is something to the contrary in your state law or in your operating agreement, it is unlikely that one member acting alone can cause the dissolution of the LLC. However, if you and the other member fail to agree, your...

There is nothing wrong on the face of the document. Obviously, without knowing anything about your business, we cannot say whether it would have been better to do something else. However, there is nothing here that should cause your corporation to be invalid or to prevent you from filing a...

By that, seniorjudge means hire "a seasoned business lawyer." I agree. There are many things you can do, but they can't be boiled down in a few pithy instructions. The first and most important is to do what is called "due diligence." Other steps can help protect you after the fact, but as...

If you are legally liable for the payroll taxes as a "responsible person" under the IRS rules, then even the buyer of your shares also becomes liable, you will NOT be relieved of your obligation for the taxes. If your buyer agrees to pay the taxes and fails to do so, you will have a claim...

An LLC as a member of an LLC Yes, at least in any of the states I know of. Although I am most familiar with the limited liability company laws of Illinois and Delaware, I have looked at the laws of all 50 states for my Limited Liability Company Center website and I have never seen any such...

He can sue but will he win? That is really the question. If the proceeds of the loan went to the business and the business pays off the loan, where is his harm? Obviously it would be better if everything were documented, but on these brief facts it is difficult to see how he could show that...

First of all, don't think in terms of "hurting this person." It simply isn't worth the aggravation to do that, plus it can get you in trouble because your actions may be more likely to be wrong if your motive is wrong. You should consider filing a small claims action against the seller...

As seniorjudge says, the conversion of your partnership to an LLC won't affect liabilities which arose while the business was a partnership. The good news is that you can limit future liabilities. The IRS has ruled that a conversion from a partnership to an LLC is treated as if the...

Most lawyers fresh out of school work for someone else who pays their salary and would be no more inclined to take a weak case on a flyer than anyone else. What you need is a lawyer who just hung out their own shingle, does not have an established practice and is hungry for work. Look in your...