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Incorporation Questions

Can I Create a Holding Company with Standard Legal’s Incorporation or LLC Software?

The term ‘holding company’ is merely a designation for a for-profit entity whose sole or nearly exclusive purpose is to own property. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  June 17th, 2014

Can I Add Some Additional Words to an Already Registered Company Name for My Own Incorporation?

In all states, if you wish to file for Corporation or Limited Liability Company as a new business entity, the name of the entity sought to be formed must be distinguishable from any entity already of record. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  June 18th, 2013

Who Can Be the Statutory Agent for My New Corporation?

In a large number of states, an individual who is an initial Director of the Corporation also can serve as the Statutory Agent for the corporation. [ Read More... →]

Incorporation Questions  ·  May 8th, 2013

How Do I Select the C-Corporation Option When Incorporating?

A corporation is formed by filing the Articles of Incorporation (or the Certification of Incorporation) with the appropriate state agency.

Only after that filing is completed does attention turn toward the type of corporate treatment, as it is not done with the Secretary of State or with the incorporation filing. [ Read More... →]

Incorporation Questions  ·  March 25th, 2013

How Do I Make My New Business Incorporation Into an S-Corporation?

IRS Form 2553 allows you to elect S status for your corporation, which provides for pass-through tax treatment as compared to being taxed at both the corporate and shareholder level. [ Read More... →]

Incorporation Questions  ·  March 5th, 2013

Does Any Legal Reason Exist Against Naming My Corporation With My Own Name?

A company name can be any set of words — including a person’s name — so long as that identity is not already registered by another in a particular state.

Incorporation Questions · Limited Liability Company LLC Questions  ·  December 21st, 2012

Can I Quitclaim My House to a New Corporation and Name My Minor Children Shareholders?

Minor children can take title to real estate via Quitclaim and can be named as shareholders in a corporation.

But there are issues and limitations surrounding the future capabilities of each of these actions. [ Read More... →]

Incorporation Questions · Quitclaim and Warranty Deed Questions  ·  May 24th, 2012

Can I Find the Names of People Who Own Certain Corporations or LLCs in Public Records?

Corporations and LLCs do not necessarily have to disclose the names of people holding ownership interests in those entities within any public records. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  October 13th, 2011

Can A Group of Non-USA Citizens Form an LLC or Incorporate?

Whether or not foreigners or non-US citizen living in the USA and holding work-visas can create a Limited Liability Company or file for Corporation status depends upon the state involved. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  September 15th, 2011

Can I File for Business LLC or Incorporation In One State and Live In Another?

For the purposes for forming a general business Corporation or filing for Limited Liability Company (LLC) status, there are no requirements that a person be a resident of the state in which the company is to be formed.

But there is one requirement for most states that must be managed. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  August 18th, 2011

If I File for LLC or Incorporation This Year, May I Delay the Operation of the Business Until Next Year?

The filing of the paperwork to form an LLC or to incorporate does not obligate the entity to immediately begin conducting business.

But as is typical, that doesn’t mean that there won’t be some government requirements for the formed business. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  May 10th, 2011

How Do I File as an S-Corporation for My Business During Incorporation?

A person starting a new corporation does NOT file for S-corporation status as the first order of business. [ Read More... →]

Incorporation Questions  ·  March 31st, 2011

Can I Create an LLC or Incorporate and Put Cash into the Business to Protect My Money from Creditors?

If a Limited Liability Company (LLC) or Corporation is set up only to ‘hide assets’, a debtor could pursue legal action to pierce the corporate veil and seize the assets of the fraudulent LLC or Incorporation. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  March 7th, 2011

Can a Non-Lawyer Chief Executive Represent His Corporation Pro Se in a Legal Matter?

Typically, an executive director or CEO can represent a corporation in day-to-day business functions. But the chief executive of a corporation or LLC cannot represent the corporation in a court of law, as legal counsel, or as part of a litigation. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions · Pro Se Law and Self Representation Questions  ·  February 4th, 2011

How Many Persons Must Be Involved in a Business to Legally Incorporate?

In just about every state, only one person needs to take the actions necessary to incorporate a business or to file for LLC status. But the requirements do differ by state. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  December 23rd, 2010

Can I Force My Majority Partner in an LLC to Show Me Complete Financial Records for the Business?

Nearly all states have laws permitting owners of an LLC or a Corporation to review the books and records of the company upon written demand to the other owners. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  October 20th, 2010

How Do I Transfer the Ownership of Tangible Assets or Property to a New LLC or Corporation?

Assets are transferred from one person or entity to another in different ways, depending upon the nature of the property. This distinction holds true when those assets are transferred between an individual and a newly formed Limited Liability Company or Corporation as well. [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions  ·  August 17th, 2010

If I Start an LLC with a Partner Who Owes Child Support or Back Taxes, Can the Government Take Money from the Business?

Much of the ability of a government agency to easily seize or attach assets for issues like unpaid child support or unpaid taxes rests with the type of business structure created. [ Read More... →]

Business Partnership Questions · Incorporation Questions · Limited Liability Company LLC Questions  ·  June 16th, 2010

Can Two Corporations Take Title to Real Estate Using a Warranty Deed with Survivorship?

No. Certainly two corporations can jointly own a piece of real estate, and a Quitclaim Deed can be created to reflect joint tenancy once a real estate purchase agreement is formalized.

But most states reserve ‘survivorship rights’ for individuals, especially since corporate entities cannot die.

Incorporation Questions · Quitclaim and Warranty Deed Questions  ·  March 24th, 2010

Can Beneficiaries be Liable for the Debts of a Trust-Owned Business?

Trusts are structured with liability in mind, to keep the beneficiaries removed from the assets involved. Most Trusts are set up with personal property assets like land, or homes or vehicles, and their liabilities are somewhat limited. But some trusts hold assets like fully operating businesses, LLCs and corporations. So if a business held by a Trust ‘goes bad’, can the beneficiaries of that Trust become personally liable for any portion of the debt generated by any operational business assets within a Trust — especially if that debt exceeds the value of the assets in the trust? [ Read More... →]

Incorporation Questions · Limited Liability Company LLC Questions · Living Trust Questions  ·  March 22nd, 2010