Legal

How can I sell one of my restaurants as a franchise?

If you are planning to sell more franchises, then franchising your restaurant concept will be a consideration. However, if you are not planning to expand your restaurant business beyond the two current locations, then a form of partnership or other business structure may be a consideration with your lawyer rather than establishing a franchise system.

Can I put a lien on my client’s property without a written contract?

Due to the specific requirements and general complexities with mechanics lien laws, it would appear that you will need to consult your business lawyer to determine if a mechanics lien is available for the specific landscaping work performed and for assistance with a lien filing.

 

What questions can I legally ask a potential tenant for a home I want to rent?

Before renting to you, most landlords will ask for you to fill out a written rental application form. A rental application is different from a rental agreement. The rental application is like a job or credit application. The landlord will use it to decide whether to rent to you.

Is there a license to do landscape maintenance such as lawn service, etc. in California?

The state of California, regardless of the business legal structure, may require state professional licenses as well as general business and tax licensing at the local city or county level.

Where would I be able to find a sample independent contractor agreement?

Converting workers you have treated as employees to independent contractor status is particularly risky when the workers will hold the same jobs as contractors as they did when they were classified as employees.

How do I set up an internship program for students to receive credit for school and gain the experience they need before entering the actual work place?

Workers engaged as interns can be paid or unpaid, but our response assumes that your question refers to engaging workers as unpaid interns. In order to engage workers as unpaid interns rather than employees, a business generally has to establish an internship program that takes advantage of the trainee exception to the minimum wage and overtime requirements under the Federal Fair Labor Standards Act, or FLSA, which isn’t possible for every small business.

 

What is the maximum amount I can pay to an individual for services before I must file a 1099?

Independent contractors pay their own payroll taxes and insurances, including workers’ compensation, and are not covered by many labor laws, so the financial and administrative benefits of having a workforce composed of independent contractors can be significant.

 

Why should a business owner use a Commercial Tenant Representation Broker to help them locate & negotiate commercial space?

We do not know if you are currently under a commercial lease agreement or your experience with analyzing and negotiating commercial leases, which may affect your decision; however, you can review industry articles and suggestions on Commercial Tenant Representation Broker services at several websites…

How soon can I start using a trademark?

Trademark registration. We do not know what you are attempting to trademark, but trademark protection is generally available for business names (entity, product, domain, etc), logos, slogans and some design elements; however, trademark protection is only granted when the names, logos, slogans and design elements identify the source of the goods or services and distinguish them from the competition.

What form do I need to file to let the IRS know 1) ownership of the company has changed and 2) the EIN is either transferred or no longer used?

Business sale considerations: Even if your LLC is no longer operating, you cannot transfer the ownership of your LLC and its legal name from yourself to the buyer by completing a form that you submit to the state or federal government. The paperwork required to transfer ownership of your LLC to the buyer and the state and federal notification process (when required) will depend on your specific sale transaction. Also, the tax status of the LLC will impact the process.

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