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srsly
Aug 1, 2003

Why wait til you move to LA?

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aarfo
Dec 26, 2003
LARFO lawyer

PancakeParty posted:

I am releasing a video game late next month. I'll also officially be hiring a marketing director soon.

I'm originally from Los Angeles, CA -- for the past 8 months I've been living in Fredericksburg, VA. In September I've moving back to LA.

So I'm not sure if I should register now while I'm in Virginia, or wait until I get back to LA. Are there pros and cons to registering my LLC in either place? Better tax benefits, etc?

Ultimately, Los Angeles will be the basis of operations. I'm never planning on coming back to Virginia once I'm out of here.

Should I go with Virginia or California?

Having a corporation requires yearly meetings, elections, minutes, filings, fees, and registrations/renewals. Do it in a place where it's easiest to perform these acts - where you live, or in this case, where you are going to be living indefinitely. If you are worrying about corporations law in various states, don't. Thanks to collusion, lobbying, and a general goal of standardizing business laws the law of corporations is extremely similar in almost every state. Tax law and tax benefits are going to be largely irrelevant as income is taxed where it's earned and you are probably small enough you'll opt for some sort of pass-through taxation.

PancakeParty
Jan 22, 2011

srsly posted:

Why wait til you move to LA?
I wouldn't. I'd fly out to handle paperwork and such. My wife and I won't be moving back there permanently until September though.

aarfo posted:

Having a corporation requires yearly meetings, elections, minutes, filings, fees, and registrations/renewals. Do it in a place where it's easiest to perform these acts - where you live, or in this case, where you are going to be living indefinitely. If you are worrying about corporations law in various states, don't. Thanks to collusion, lobbying, and a general goal of standardizing business laws the law of corporations is extremely similar in almost every state. Tax law and tax benefits are going to be largely irrelevant as income is taxed where it's earned and you are probably small enough you'll opt for some sort of pass-through taxation.
This makes total sense. And after reading this and thinking about it -- I'd rather my taxes (however much they'll be) go toward the state I call home. Thank you for knocking some sense into me.

srsly
Aug 1, 2003

PancakeParty posted:

I wouldn't. I'd fly out to handle paperwork and such. My wife and I won't be moving back there permanently until September though.

The paperwork is remarkably simple. It's like one page, to begin. All you need is an agent for service of process that meets the requirements. I don't know why you'd fly anywhere for it.

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

aarfo posted:

Having a corporation requires yearly meetings, elections, minutes, filings, fees, and registrations/renewals. Do it in a place where it's easiest to perform these acts - where you live, or in this case, where you are going to be living indefinitely. If you are worrying about corporations law in various states, don't. Thanks to collusion, lobbying, and a general goal of standardizing business laws the law of corporations is extremely similar in almost every state. Tax law and tax benefits are going to be largely irrelevant as income is taxed where it's earned and you are probably small enough you'll opt for some sort of pass-through taxation.

How come most large corporations incorporate in Delaware then?

kalonji
Feb 28, 2010
Have! It's `could have' not `could of', dipshit

Konstantin posted:

How come most large corporations incorporate in Delaware then?

Tax reasons...

Wyatt
Jul 7, 2009

NOOOOOOOOOO.

PancakeParty posted:

I am releasing a video game late next month. I'll also officially be hiring a marketing director soon.

I'm originally from Los Angeles, CA -- for the past 8 months I've been living in Fredericksburg, VA. In September I've moving back to LA.

So I'm not sure if I should register now while I'm in Virginia, or wait until I get back to LA. Are there pros and cons to registering my LLC in either place? Better tax benefits, etc?

Ultimately, Los Angeles will be the basis of operations. I'm never planning on coming back to Virginia once I'm out of here.

Should I go with Virginia or California?

I don't know why anyone's giving you advice about corporations. An LLC is not a corporation.

That said, file your papers in the state where you'll be doing business.

Edit:

Konstantin posted:

How come most large corporations incorporate in Delaware then?

Delaware's laws, such as no income tax on Delaware corporations operating outside that state, are very friendly to corporations. And since it's been that way for over a century, the courts that hear disputes arising from Delaware corporations have more experience than other courts in dealing with the complexities of corporate law.

Wyatt fucked around with this message at 14:12 on Jun 17, 2011

PancakeParty
Jan 22, 2011

Wyatt posted:

I don't know why anyone's giving you advice about corporations. An LLC is not a corporation.

That said, file your papers in the state where you'll be doing business.

Edit:


Delaware's laws, such as no income tax on Delaware corporations operating outside that state, are very friendly to corporations. And since it's been that way for over a century, the courts that hear disputes arising from Delaware corporations have more experience than other courts in dealing with the complexities of corporate law.
Already started on filing for CA. Thanks, everyone!

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

srsly posted:

The paperwork is remarkably simple. It's like one page, to begin. All you need is an agent for service of process that meets the requirements. I don't know why you'd fly anywhere for it.
If your LLC paperwork is only one page, something is probably wrong.

TheWordOfTheDayIs
Nov 9, 2009

Blessed with an unmatched sense of direction

gvibes posted:

If your LLC paperwork is only one page, something is probably wrong.

In my state, the bare minimum filing required to form an LLC is a one-page Articles of Incorporation.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Wyatt posted:


Delaware's laws, such as no income tax on Delaware corporations operating outside that state, are very friendly to corporations. And since it's been that way for over a century, the courts that hear disputes arising from Delaware corporations have more experience than other courts in dealing with the complexities of corporate law.

And because of the years of delaware cases on corporate matters, laws governing corporate governance (such as oppressing troublesome minority shareholders) is very predictable.

Chevy Slyme
May 2, 2004

We're Gonna Run.

We're Gonna Crawl.

Kick Down Every Wall.

CaptainPsyko posted:

What are the requirements for a traffic ticket/summons to be considered defective in the state of Pennsylvania?

I recieved a ticket yesterday, but the officer entered my first name incorrectly (Not misspelled - like a totally different name that happens to have the first two letters in common - think writing 'Martin' if my first name was 'Matthew'), along with the color of the car (which I suspect would not in it's own right be enough, seeing as it was dark, etc.). I know from experience in NYC that material defects can cause a citation to disappear, and some googling indicates that in many states, 'misidentifying the defendant' qualifies as a material defect, but this citation does have my DL # correct, and I can't find anything specific to Pennsylvania.

Bump.

Anyone able to help me find the relevant section of PA code? I have to draft my letter pleading Not Guilty over the weekend and would like to cite law.

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

TheWordOfTheDayIs posted:

In my state, the bare minimum filing required to form an LLC is a one-page Articles of Incorporation.
And if that's all you have, it's a problem, I thought.

Don't you need an operating agreement?

Wyatt
Jul 7, 2009

NOOOOOOOOOO.

gvibes posted:

And if that's all you have, it's a problem, I thought.

Don't you need an operating agreement?

It's probably a good idea, but it's not required in California.

TheWordOfTheDayIs
Nov 9, 2009

Blessed with an unmatched sense of direction

gvibes posted:

And if that's all you have, it's a problem, I thought.

Don't you need an operating agreement?

Yeah, if you want to to actually get the benefit of limited liability, or do business with someone, or get a loan, then you'd better have a certificate of good standing, an operating agreement, etc.

srsly
Aug 1, 2003

Oh agreed he should do all that too. But he can do the operating agreement later. Especially if he is the only member of the LLC right now, he can just incorporate.

He seemed to think that for some reason he needed to be physically present in CA to get this done?

PancakeParty
Jan 22, 2011

srsly posted:

Oh agreed he should do all that too. But he can do the operating agreement later. Especially if he is the only member of the LLC right now, he can just incorporate.

He seemed to think that for some reason he needed to be physically present in CA to get this done?

I do have a partner, and we'll be getting together an operating agreement.

I don't currently have any sort of residence in California (I'll be getting a new place in September), and my residence in Virginia is just an apartment that I rent month-to-month. What should I do as far as an address?

I feel so helpless about the legal stuff, I've been successfully making games and applications for other companies for almost 12 years, so this is the first time I'm going out and starting my own thing.

King of the Cows
Jun 1, 2007
If I were two-faced, would I be wearing this one?

CaptainPsyko posted:

Bump.

Anyone able to help me find the relevant section of PA code? I have to draft my letter pleading Not Guilty over the weekend and would like to cite law.

Are you required to give an explanation? How about just, "I plead NOT GUILTY and demand a trial?"

baquerd
Jul 2, 2007

by FactsAreUseless
How do you determine whether a lawyer is beyond competent? That is to say, how can a person go about finding the "best" lawyer for their individual situation whether it be in corporate, criminal, family, etc. law? How much of a difference can your specific lawyer's training and experience make and how can a lay person evaluate a lawyer in these areas?

Iron Squid
Nov 23, 2005

by Ozmaugh
My wife is Dutch and we're trying to get Dutch citizenship for our two sons. Unfortunately the Dutch gov't is very confusing when it comes for applying. There's always one more piece of paperwork, or something that got signed by the wrong person, etc. I'm wondering a) if we should hire an immigration lawyer that specializes in working with the government of the Netherlands and b) how to go about finding such a person.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

baquerd posted:

How do you determine whether a lawyer is beyond competent? That is to say, how can a person go about finding the "best" lawyer for their individual situation whether it be in corporate, criminal, family, etc. law? How much of a difference can your specific lawyer's training and experience make and how can a lay person evaluate a lawyer in these areas?

For which area? If you are talking about a general sense of the best, then any big national firm would be good, with Sullivan & Cromwell leading the pack. If you want, like, the best individual criminal defense lawyer for your area - hopefully not because you have been charged with murder - then uh I dunno. Call your local law school and ask for references from that discipline's professor?

Generally, solo practitioners are just fine for divorces and small crimes and easy stuff like that, but the bigger the case, and the bigger the bill, the bigger the firm you should use.

Chevy Slyme
May 2, 2004

We're Gonna Run.

We're Gonna Crawl.

Kick Down Every Wall.

King of the Cows posted:

Are you required to give an explanation? How about just, "I plead NOT GUILTY and demand a trial?"

I don't want to demand a trial. I want to request that the ticket be dismissed because the citation is defective as written.

If it gets to the point of a trial, I've failed and I'm better off just pleading guilty - the fine is less than the gas, tolls, and time involved in appearing in court, and there are no points.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

BigHead posted:

Generally, solo practitioners are just fine for divorces and small crimes and easy stuff like that, but the bigger the case, and the bigger the bill, the bigger the firm you should use.
This is only true to a certain extent, boutiques and what not change the game. And it certainly isn't true with crim, if I were charged with a serious non-white collar crime, there are two lawyers I would consider calling and they're both solos who sometimes have an associate.
The worst crim lawyers around here are with what is probably the biggest firm that regularly does crim here.
------------
Picking a lawyer:
a: Find out who the richest person you know's (whatever type of law he doesn't practice) lawyer is. Get a reference for you.

b: Bar's legal referral service. Get a few.
ask specific questions about your case.
Ask how many of these types of cases he's done
etc
The one who tells you the good and the bad and doesn't promise you the stars is a good lawyer (probably). a is the better choice.

Chevy Slyme
May 2, 2004

We're Gonna Run.

We're Gonna Crawl.

Kick Down Every Wall.

nm posted:

This is only true to a certain extent, boutiques and what not change the game. And it certainly isn't true with crim, if I were charged with a serious non-white collar crime, there are two lawyers I would consider calling and they're both solos who sometimes have an associate.
The worst crim lawyers around here are with what is probably the biggest firm that regularly does crim here.

Alternate method for finding a criminal lawyer if in New Jersey:

Find out whose picking up Paul Bergrins client list.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

CaptainPsyko posted:

Alternate method for finding a criminal lawyer if in New Jersey:

Find out whose picking up Paul Bergrins client list.

How can you post the article and not the illustration?

DJ Sizzle
Jul 24, 2002

ASK ME ABOUT BEING OLD
Fun Shoe
I don't know if this is the right place for this, but I have a question about digital media.

I worked as a DJ for company and they transferred all my music to their house computer (the former computer was owned by me) and now I quit. I want to take all my music off of that computer (it's all bought and paid for, I don't want other people using it!) I'm talking like 10k worth of stuff all legal. They are telling me to go gently caress myself and I can't delete it.

What steps can I take here? This is a multi million dollar company so they are worth suing I guess. I just don't want others using my stuff.

mookerson
Feb 27, 2011

please work out
My wife and I live in Florida and bought a house in 2007 (great idea, I know). It is now worth about 40% less than what we owe on it and is therefore unsellable. We are trying to move out of state and are considering walking away from it.

My mother loaned us the down payment with the condition that we would quitclaim her onto the deed. She is not on the mortgage.

If we walk away from the house with her name on the deed, is she liable for anything? Will this affect her credit?

If we quitclaim it back to just my wife and I does this cover my mom?

Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!
Can't speak to your original question, but you might think about doing a short sale rather than just walking away. Still not great for your credit, but at least you won't have the bank chasing after you when you're done.

BonerGhost
Mar 9, 2007

I'm passing familiar with the concept of being added as an authorized user to someone's credit cards to piggyback on their good credit and increase your own score.

My mother added me as an authorized user to her Discover card some time ago so I would be able to use it in an emergency. I actually didn't know about it until I ran my credit reports several months ago. At no point was my SSN provided to them (by her or by me) and I certainly didn't sign any credit agreements with them. I don't suspect anything nefarious here because she'd gain no benefit in trying to use my credit (don't have any).

It seems obvious that if being an authorized user can affect your credit positively, it should be able to affect your credit negatively, but how can it affect you if you never sign any agreement with that company?

Garrdor
Apr 9, 2007

Hershey Squirts, Ace.
Here's the situation:

Somewhere in Oregon:

My sister just gave birth to her first child. The assumed father was harassing her starting the week before she gave birth. She said she didn't want him in her or the baby's life (but did not seek a restraining order... yet). He and his parents called Child Protective Services the day my sister was in labor. They claimed that she was a heroin addict who lived with a drug dealer boyfriend. She has evidence against this (drug tested monthly through Job Council / shares apartment with a young mother like herself). So far there has been a paternity test that has verified this guy's status as the father.

Rewinding back to the day of labor --

The father and his family attempted to enter the hospital where my sister was giving birth. Security was notified previously to not let them in. They were placed on a list. They attempted to enter two or three times. They were threatened by hospital security with a call to the police. They stopped after this.

Now, The baby-daddy family has continued to call/seek out my sister to the extent that she had to get her number changed. They've somehow gotten ahold of my mother's phone number and grandparents as well.

My sister developed Preeclampsia and was on stroke watch while she was in the hospital. They continued to try to contact her whilst she was a patient (three days after the baby was born).

Here's my question:

Is this considered harassment? They have (without a lawyer or legal means so far) attempted to contact my sister while she was a patient in the hospital. Her doctor said her condition was stress sensitive and advised her not to deal with stressful matters until her condition has improved.

Does the family have any legal right to do this to her?

To my knowledge there is going to be a custody trial initiated by the father and familly. My sister may seek a restraining order against the father and the family as well. Just wanted to know if they were breaking any laws by attempting to visit her in the hospital.

Any info/input is appreciated! I've been searching google and oregon law stuff and can't seem to find what i'm looking for. Just wanted to help my sister out :)

Very Nice Eraser
May 28, 2011

NancyPants posted:

I'm passing familiar with the concept of being added as an authorized user to someone's credit cards to piggyback on their good credit and increase your own score.

My mother added me as an authorized user to her Discover card some time ago so I would be able to use it in an emergency. I actually didn't know about it until I ran my credit reports several months ago. At no point was my SSN provided to them (by her or by me) and I certainly didn't sign any credit agreements with them. I don't suspect anything nefarious here because she'd gain no benefit in trying to use my credit (don't have any).

It seems obvious that if being an authorized user can affect your credit positively, it should be able to affect your credit negatively, but how can it affect you if you never sign any agreement with that company?

I asked this when I added an authorized user to my credit card. I was told that being an authorized user has no effect on credit. Specifically, the representative said that credit is only effected if the user has a responsibility for the balance. My card is managed by FIA Card Services.

kriminal
Oct 18, 2004
Hi, I am having some problems with my insurance

I went to get a std panel in february at the university clinic and I have an international student insurance which I thought was good.

University clinic would do the std panel for about 100 $ if I had no insurance. But thinking using my insurance would be better I told them I had it and gave them the info.

They tried billing my insurance and they are not going to cover the std panel, however the bill is now 700 $.

I talked to the clinic and they told me its already in the system in billing, so they cannot take it off so I could pay it as if I had no insurance. Basically they told me I am screwed.

I didn't know this was gonna play like this, but has anyone else had something similar and is there anything I can do?

What can the insurance do if they keep billing me? kill my credit?
Thanks

JohnnyHildo
Jul 23, 2002

NancyPants posted:

It seems obvious that if being an authorized user can affect your credit positively, it should be able to affect your credit negatively, but how can it affect you if you never sign any agreement with that company?

The Federal Reserve's Regulation B requires any credit issuer that reports credit information to credit reporting agencies to also report the information for a spouse if that spouse is a co-account holder or an authorized user. As this Federal Reserve working paper indicates, creditors tend to report all authorized users without regard to spousal status, sometimes resulting in people with lower credit scores "piggybacking" on the credit of someone with a higher credit score.

Adar
Jul 27, 2001

Iron Squid posted:

My wife is Dutch and we're trying to get Dutch citizenship for our two sons. Unfortunately the Dutch gov't is very confusing when it comes for applying. There's always one more piece of paperwork, or something that got signed by the wrong person, etc. I'm wondering a) if we should hire an immigration lawyer that specializes in working with the government of the Netherlands and b) how to go about finding such a person.

You need an actual Dutch lawyer from the Netherlands, not a US lawyer, as none of us are going to know anything. If you really don't have any way of getting one, your best bet is to go to martindale-hubbell.com and trawl through the listings until you find someone that is admitted there, then email and ask them for a recommendation.

BonerGhost
Mar 9, 2007

JohnnyHildo posted:

The Federal Reserve's Regulation B requires any credit issuer that reports credit information to credit reporting agencies to also report the information for a spouse if that spouse is a co-account holder or an authorized user. As this Federal Reserve working paper indicates, creditors tend to report all authorized users without regard to spousal status, sometimes resulting in people with lower credit scores "piggybacking" on the credit of someone with a higher credit score.

What confuses me here is that it seems as though someone could simply give a creditor your name and have your credit affected, even though you have no agreement with that company. Is that the case?

I discussed it with my mom, and if this card can hurt me (due to utilization ratio, currently), I won't have any trouble being removed from the card. If the card can't hurt me I don't want to do that, because she did add me in case of emergency. I guess that would go for any cards, not just this one. Been curious about the concept for a while anyway.

BonerGhost fucked around with this message at 05:02 on Jun 21, 2011

BigHead
Jul 25, 2003
Huh?


Nap Ghost

kriminal posted:

Hi, I am having some problems with my insurance

I went to get a std panel in february at the university clinic and I have an international student insurance which I thought was good.

University clinic would do the std panel for about 100 $ if I had no insurance. But thinking using my insurance would be better I told them I had it and gave them the info.

They tried billing my insurance and they are not going to cover the std panel, however the bill is now 700 $.

I talked to the clinic and they told me its already in the system in billing, so they cannot take it off so I could pay it as if I had no insurance. Basically they told me I am screwed.

I didn't know this was gonna play like this, but has anyone else had something similar and is there anything I can do?

What can the insurance do if they keep billing me? kill my credit?
Thanks

Look at the paperwork they gave you at the beginning of your visit. If you don't have a copy of that paperwork, go back and get a copy of it. Read it, and call them back and cite to specific words in the paperwork that tell you how much you are going to pay for the service.

Also, what are you doing getting any voluntary medical treatment in America? You should not do this if you are international. Unless you are from a (different) real shithole that doesn't have universal medical care.

This is probably not an issue with your insurance company - if you want to appeal their denial there is a whole process and you need to read your contract and you probably missed their deadline for appealing anything. This is an issue with the doctor's office.

BigHead fucked around with this message at 18:00 on Jun 21, 2011

wormil
Sep 12, 2002

Hulk will smoke you!
I received a ticket for running a red light, $191, and am now getting offers in the mail to represent me for basically that amount including all court costs and fines. Sounds good if they can keep the points off my license. Any gotchas I should be concerned about? One letter made it clear there would be no additional costs. My driving record is clean for the last 7-8 years.

entris
Oct 22, 2008

by Y Kant Ozma Post

wormil posted:

I received a ticket for running a red light, $191, and am now getting offers in the mail to represent me for basically that amount including all court costs and fines. Sounds good if they can keep the points off my license. Any gotchas I should be concerned about? One letter made it clear there would be no additional costs. My driving record is clean for the last 7-8 years.

In my state, you could go in front of the judge and politely ask that you be sent to driving school in exchange for dismissal of the ticket, and the judge would give it to you. It's a pretty standard thing here - you show up to court, and just ask the judge for driving school. If your record is good, and you haven't done driving school recently, you'll be given a conditional dismissal where your ticket will be dismissed once you mail in the completion certificate from the driving school.

So obviously in my state you wouldn't pay a lawyer for this because you could probably resolve it yourself, but I don't know how your state does traffic court - I would think it's similar, though.

edit: you are getting offers in the mail because that is how those lawyers make their money - they watch the ticket records and mail offers to everyone who gets a ticket.

lord funk
Feb 16, 2004

I'm writing an iOS app that synthesizes sound. For part of that synthesis, I will be using my own recorded samples of an vintage ARP Instruments, Inc. synthesizer. ARP went out of business in 1981.

I am sure I am able to use the sampled sounds. My question is about advertising. Is it okay for me to:

1. Mention the brand name ARP in descriptions of the app.
2. Use the ARP logo inside the app as an indication of which parts are sampled from the instrument.

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srsly
Aug 1, 2003

The first is a question of trademark law. You can use a trademark in certain situations, but before you even need to get into that analysis, if the company went kaput in 1981 and nobody else is doing business under that name then there's probably no live trademarks. You can look for this online at the USPTO.

To get in trouble for trademark infringement there needs to be somebody else who comes along and says hey I am using the ARP mark to identify the source of my synthesizers and consumers are going to be confused and think I make or endorse your iOS app.

The second is also a matter of copyright law. And your timing puts it in a very weird spot for copyright law. Whether the logo is protected by copyright depends on several factors you will most likely be unable to ascertain: When was the logo first published in the U.S., was it published with notice of copyright, or was it registered within five years of publication?

You should consult a lawyer or play it safe and not use the logo.

(You should consult a lawyer regardless because this aint' legal advice and I aint' your attorney).

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