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Trademark Symbol: $219.95 Federal Trademark Registration Lawyer

Trademark Symbol: $219.95 Federal Trademark Registration Lawyer published on

Federal Trademark Symbol Registration

Trademark Meaning: What is a Trademark?

A trademark symbol registration gets created to mark and discern goods, products, or services to indicate their source of ownership throughout the United States. A trademark can be a name, word, symbol, phrase, slogan, design, or an assortment of these. Customers identify you in the marketplace and differentiate you from your competitors through your trademark. Trademarks are intellectual property that provides legal protections for your brand. Trademarks don’t allow you to own or have rights to the use of words or phrases, only to how they get used with your products or services. Clever and distinctive trademarks are more effective and facilitate protection over generic and descriptive ones. A trademark symbol registration lets consumers and competitors know that you’re claiming the trademark.

trademark-symbol

Benefits of a Trademark Symbol Registration

A trademark enlists the power of the US Government in protecting your company and brand from infringement and the potential registration of confusingly similar marks. After registering your trademark, others will be able to search for existing trademarks and find yours unavailable to use, and the government will refuse registrations of existing trademark symbols. With non-registered trademark symbols, others don’t have limits using them in other geographic locations, whereas registered trademarks are unavailable nationwide. Registered trademark have the right to use ®, showing competitors that you’re serious about protecting your intellectual property. Trademark symbol registrations grant the right to sue in court and obtain monetary damages while also helping you to convince others to stop using a mark without the need to go to court.

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Registered Trademark Symbol

You can use ™ on your trademark without federal registration, but to show your competition that it is registered nationwide and to repel intellectual property thieves, use ® or ©. The trademark symbols include:

  • ™ (alt+0153 on your keyboard)
  • ® (alt+0174)
  • © (alt+0169)

Trademark Status: How long does it last?

A trademark symbol registration is perpetual while it gets renewed every ten years, although you can reapply in advance after the 5th year as long as it meets specific requirements. The trademark must still get used as it was when originally registered. You are responsible for policing and defending your trademarks and challenging any individual or entity trying to use or file a trademark overlapping your registration.

Trademark Examples

Many types of trademarks exist and can get combined in several ways. Examples of Trademarks include:

  • Products
  • Company logos
  • Brand names
  • Slogans
  • Sounds
  • Fictitious characters
  • Symbols
trademark-ideas

State vs Federal Trademark

There are two types of trademark registrations in the U.S., state and federal. State trademark symbol registrations only protect your brand in that state and are usually simple and less expensive to do but could be taken from you in other states. Registering a federal trademark can be costly and require more effort but provides your trademark protection throughout the United States with greater legal capacity.

Servicemark vs Trademark

The difference between trademarks and service marks is that service marks get used for services, and trademarks typically refer to goods and products.

Trademark vs Copyright

The difference between a copyright and a trademark as intellectual property protection tools is that a copyright protects the contents and creations of a business, whereas a trademark protects the items that distinguish or identify a business entity from another, such as the logo or slogan.

U.S. Trademark Search: How to find out if your trademark is available

We ensure that your trademark is available with a preliminary USPTO trademark database search within our Federal Trademark service. If you’re unfamiliar with the database system, you can ask us to do it for you and avoid an incorrect trademark search and registration.

Trademark Registration Lawyers and Intellectual Property Law Firm

Spiegel & Utrera, P.A. wields nearly five decades of experience and commitment in helping entrepreneurs incorporate, litigate, and protect their business, assets, and intellectual property. Trademarks are a significant legal process, but the price doesn’t have to be; we will not be undersold while we stand behind a 110% lowest price guarantee. In most things, you get what you pay for, at AmeriLawyer.com, we provide top-quality service through subsidizing the cost to our clients via meticulous administration of resources. Call our law firm for a prompt and free consultation at (800) 603-3900 or fill out our short Trademark Inquiry Form and we’ll get back to you within a few business hours.

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Register your Foreign LLC or Corporation to evade state penalties

Register your Foreign LLC or Corporation to evade state penalties published on

Foreign LLC or Corporation Registration

Did you incorporate or form a company in one State but are doing business in another? Depending on the activities of your LLC or Corporation, a state may require you to file for a foreign entity registration, also known as a certificate of authority or foreign qualification. It enables you to transact business legitimately outside your state of original incorporation or company formation. If you don’t register, authorities may impose fines, penalties, prevent you from filing lawsuits, and discontinue your ability to do business in that state legally.

Call (800) 603-3900 to register your entity by phone.

LLC’s and Corporations that need to apply for a foreign qualification

How do you know if your LLC or corporation needs to apply for a foreign entity qualification? Let’s take a look at some of the most common scenarios:

  • Having employees in the state.
  • Long-term business transactions.
  • Owning or leasing a warehouse, store, or office.
  • Possessing income-producing real estate or personal properties.

Why you should register your foreign company

If you formed your entity in another state, your entity is domestic to that state, and a foreign entity in every other state. An unregistered entity doing business in a state other than the original state of formation may be subject to fines, penalties, and lack of legal recourse. The foreign state might even prevent you from continuing to do business. Registering your foreign entity is similar to forming a new one, and is subject to separate state filings, fees, and taxes.

Why a foreign state wants you to register your entity

There are good reasons why it is important to the foreign state to register your entity:

  • Regulatory requirements.
  • Collection of State Taxes.
  • Annual or biennial filing fees to maintain registration.
  • Allows the public to have basic information on your entity.

Steps for a Foreign Entity Registration

A foreign entity registration includes the following steps:

  1. Collect basic information and fill online form.
  2. Our attorneys will counsel you on all the legal, business, and tax implications.
  3. We’ll put together a Company Kit with all the necessary documents.
  4. Our Firm Prepares and Files the foreign entity registration based on your needs.
  5. Final Approval by State authorities.

Please note that your foreign state might require you to obtain business licenses even if you possess them in your entity’s domestic state. Your LLC or corporation must also be in good standing with your domestic state in order to apply for a Certificate of Authority and register your entity in the foreign state. If you have any questions about the process, call (800) 603-3900 to speak with us immediately.

Maintaining a Foreign LLC or Corporation Registration

The maintenance of a foreign entity registration is similar to a domestic LLC or corporation formation. It includes the maintenance of annual or biennial filings, reports, taxes, business licenses, registered agents, and good standing—in both your domestic and foreign states.

Foreign Entity Registration with Business Formation Lawyers

States require companies to register as a foreign entity to ensure they meet tax and regulatory requirements. If you are unsure whether your corporation’s activities call the need for a foreign registration, call our main office at (800) 603-3900 to speak to someone who can help you immediately. A foreign entity registration and obtaining the Certificate of Authority is a legal and business formation process; avoid the potential pitfalls of doing it with a non-lawyer formation service or agency.

Spiegel & Utrera, P.A. equips you with a combined 175+ years of legal and business formation experience, knowledge, and affordable, honest service. Our attorneys know what they’re doing and will go above and beyond to make sure that your business is protected and brandishing every potential advantage possible.

Get your Foreign LLC or Corporation Registration and Certificate of Authority

Here’s what you get with us:

Each Corporation or Limited Liability Company is COMPLETE and

  • INCLUDES State Filing Fee, “YES! Includes State Filing Fee”,
  • INCLUDES Corporate or Company Seal and Book,
  • INCLUDES Certificate or Articles of Incorporation or Organization,
  • INCLUDES Company or Corporate Minutes,
  • INCLUDES Corporate By-Laws or LLC Regulations,
  • INCLUDES Corporate or LLC Ownership Register,
  • INCLUDES Banking Resolution,
  • INCLUDES Membership or Stock Certificate,
  • INCLUDES Preliminary Name Search,
  • INCLUDES 110% Lowest Price Guarantee,

Yes, even INCLUDES Attorney’s Fee (No Hidden Attorney Fees).

Corporate Kits and LLC Kits | $29.95 | Includes Free Legal Advice

Corporate Kits and LLC Kits | $29.95 | Includes Free Legal Advice published on

Corporate Kit

What is a Corporate Kit? A Corporate Kit is a compilation of a business’ most important records. Corporate Kits typically come as binders, making it easy for a business to stay organized by storing all essential company records in one place. Local, state, and federal authorities, among attorneys and accountants, may need to see your Corporate Kit in the event of any proceedings or transactions. Corporate Kits aren’t expensive and can serve the purpose of helping you avoid fines, penalties, legal action against you, and losses such as that of your business license.

‣ Order by Phone at (800) 603-3900 from 8:30am – 5:30pm EST.
Bonus! Purchasing a fully customized Corporate Kit from us for $29.95 rewards you a Free 30-DAY Trial to our General Counsel Club – That’s 30 days of Unlimited Legal Advice.
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What’s inside a Corporate Kit?

The contents of the Corporate Kit are documents that meet the legal requirements for your business. Corporate kits also comprise records that are critical when dealing with matters like court proceedings, raising capital, contracts, taxes, and accounting, transferring ownership, as well as the rules and policies of your business. The corporate kit includes:

Articles of Incorporation

The articles of incorporation in are a legal document in the Corporate Kit that solidifies the existence of a business entity within a state. Along with corporate bylaws, the articles of incorporation outline the jurisdiction of a corporation, as granted by the state government. The Articles of Incorporation typically include the name of your corporation, its purpose, the type of business it is, the address for the physical location and the address for where the mail will go (registered agent), the number of shares or members, and the bylaws of the business.

Corporate Seal and Book

The Corporate Seal is the signature of your business as a separate legal entity. The seal in a Corporate Kit is used to produce an imprint on official paperwork like legal documents and contracts; leases and agreements, employment and vendor contracts, loan documents, minutes, operating agreements, and other company records. The Corporate Seal may also be used to authorize and legitimize stock or membership certificates. Having one makes your business stand out as more professional to any possible investors.

Company Minutes

Corporate Minutes is the term used for the notes that a secretary records in and of the meetings held by the board of directors, owners, members, officers, or shareholders. A secretary or assigned person will write a record of every decision, outcome, or resolution discussed in that meeting as “minutes” and collect them in the Corporate Kit. The corporate minutes may be required in significant business matters such as IRS audits, raising capital or borrowing money, by an accountant to prepare taxes, or by an attorney in court proceedings—among many other matters.

Corporate Bylaws

Corporate Bylaws in a Corporate Kit dictate the set rules of a corporation. Every business requires rules and guidelines in which to operate, regardless of type; LLC, Corporations, Non-profits, Partnerships. Business entities have coinciding titles for Bylaws; Partnerships have what is called a partnership agreement, LLC’s write an operating agreement, but the constituents are similar to that of corporate Bylaws. Bylaws are a complicated legal document and not something you should try to do yourself if you aren’t well-versed in its many legal complexities and implications.

Membership or Stock Certificate

A stock certificate is a legal document declaring that you own shares of stock within a corporation. A stock certificate certifies that you are the registered owner of a certain number of shares or a percentage of the company, transferable only by you, and organized under the laws of the state. Corporate Kit stock certificates are usually created with complex art designs to keep them from counterfeit reproduction. It includes your name, business name, identification number, the number of shares or percentage of ownership, the corporate seal, and signatures from authorities such as the president or treasurer.

Preliminary Name Search – LLC or Corporation

The name of a business must abide by all state requirements and be uniquely distinguishable from other business names. If you use a name that is too similar to a name used by your competition, that business may accuse you of a trademark violation; you might be forced to choose a different name and may even have to pay monetary damages. Part of our complete Corporate Kit includes, at no additional cost, our attorneys performing a preliminary name search and helping you find and choose a name that avoids any possible legal penalties.

Corporate Kits for LLC’s, Corporations, and Non-Profits

There are different Corporate Kits to choose from for each type of business entity, such as LLC’s, Corporations, and Non-Profit Corporations.

For-Profit Corporation Records Book & Seal Kit includes:

  • Completed Corporate Records Book and Seal
  • Slip Case Cover
  • Corporate Organizational Minutes and Resolutions
  • Corporate By-Laws
  • Corporate Ownership Register
  • Banking Resolution
  • Stock Certificates

Limited Liability Company Records Book & Seal Kit includes:

  • Completed Company Records Book and Seal
  • Slip Case Cover
  • Company Organizational Resolutions and Minutes
  • Company Regulations
  • Company Ownership Register
  • Company Banking Resolution
  • Company Membership Certificate

Non-Profit Corporation Records Book & Seal Kit includes:

  • Completed Corporate Records Book and Seal
  • Slip Case Cover
  • Corporate Organizational Minutes and Resolutions
  • Corporate By Laws
  • Stock Certificate

The Importance of a Corporate Kit

The Kit holds great importance for a variety of business and legal matters, including:

Licenses

Since many licensing authorities require company documents over time, the Corporate Kit is essential to substantiate the information.

IRS Audits

The Corporate Kit is the most complete business record-keeping tool one can have. Should an audit occur, its contents will likely be required. There are situations where the IRS and state taxing authorities may want to review your Corporate Kit.

Borrowing Money

Banks and creditors perform strict due diligence to qualify a business before lending money. They may ask to review components of your Corporate Kit to satisfy their requirements.

Investors

Many investors might want to view documents within your Corporate Kit before they invest in your company. If you cannot provide this, they may be less willing. Having a professional and organized corporate kit with book and seal, stock certificates, minutes, and other material will give investors the transparency they want to make them feel good about the deal.

Need help starting a LLC or Corporation?

  • Forming a company with an experienced law firm rather than a non-lawyer agency or by yourself can help you avoid negative business, tax, and legal implications and penalties within your jurisdiction.
  • We’ll make sure you incorporate with the best tax rates and corporate structure for your particular venture, using our 175 years of cumulative experience with over 260,000 clients.
  • Forming a Corporation with us provides you with free legal advice and a complete corporate kit with a 110% lowest price guarantee. If you were to do it yourself or through a non-lawyer agency, you won’t receive the important legal advice you need and the complete corporate kit that S Corporations should have to ensure a safe and successful start.

Have any legal or business questions or concerns? We have an answer at (800) 603-3900
Spiegel & Utrera, P.A.

Each Corporation or Limited Liability Company is COMPLETE

INCLUDES “Includes State Filing Fee”
INCLUDES Seal and Book
INCLUDES Formation Articles/Certificate
INCLUDES Company or Corporate Minutes
INCLUDES Corporate or LLC Regulations
INCLUDES Ownership Register
INCLUDES Banking Resolution
INCLUDES Membership or Stock Certificate
INCLUDES Preliminary Name Search
INCLUDES 110% Lowest Price Guarantee!

Yes, even INCLUDES Attorney’s Fee (No Hidden Attorney Fees).

What’s the secret to such great prices?

Betina Senat

★★★★★

They assisted us with our LLC and are non profit. Very patient and very knowledgeable. Always available when you need them for assistance and advice.

Texas LLC Certificate of Formation | Form 205 | Start a Texas LLC

Texas LLC Certificate of Formation | Form 205 | Start a Texas LLC published on

Texas LLC Certificate of Formation

A Texas LLC certificate of formation is a legal document that formalizes the creation of a limited liability company in the state. You can file the document by mail, online, or phone at (800) 603-3900. In this article, let’s go over everything you need to know about the LLC certificate of formation in Texas.

Why a Texas LLC Certificate of Formation is needed

You will need to file Form 205 and obtain an LLC certificate of formation in Texas to operate an official limited liability company in Texas. Only legally organized LLCs can benefit from the liability protection, pass-through taxation, tax credits, programs, funding, branding potential, and flexibility a formal Texas LLC provides. After we file your document, the state typically takes 3-5 business days from the day of receipt to approve your creation.

texas-llc-certificate-of-formation
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Examples of businesses that can’t get a Texas LLC Certificate of Formation

An LLC certificate of formation in Texas may get created for any lawful purpose. But there are some prohibited purposes, businesses, and practices that an entity in the state cannot engage in, such as:

  • Operating as a bank
  • Trust company
  • Savings association
  • Insurance company
  • Cemetery organization
  • Title company
  • Labor unions
  • Animal agriculture
  • Oil pipeline business
  • Petroleum oil production
  • Businesses that require a business license

Also, keep in mind that the LLC certificate of formation (Form 205) cannot be used to practice a licensed activity in Texas. You need to form a professional LLC to operate in this capacity.

Cost for getting a copy of the Certificate of Formation in Texas

The cost for obtaining a copy of an LLC certificate of formation (form 205) in Texas is $30. If you formed an LLC with us, give us a call at (800) 603-3900 to obtain a copy of your certificate of formation. You can also submit your details at our assistance form above and someone will contact you within 4 business hours.

Filing a Texas LLC Certificate of Formation Online

To file a Texas LLC certificate of formation, whether by phone, mail, or online—you will need to be a U.S. citizen or resident and present the following articles of personal and business information:

  • Entity Name and Type. In this article, you will provide your company name and organizational designation. Note that the LLC certificate of formation in Texas cannot get filed if the chosen name is taken or is too similar to an established LLC name.
  • Registered Agent. A registered agent is a point of contact and correspondence for your Texas LLC. It could be a domestic or foreign entity or a resident of Texas. The LLC cannot act as its registered agent.
  • Governing Authority. You need to inform the state if the LLC has appointed managers and provide the name and address of each one. If there are no managers and only members, provide their names and addresses.
  • Purpose. Tell the state what the purpose of your business is. It may be any lawful purpose.

Along with the required information above, you will also need to specify the following provisions or business information:

  • Duration (perpetual unless otherwise stated)
  • Organizer (may be an individual or legal entity)
  • Effectiveness of filing (when filed by the state, or any date within 90 days of signature)
  • Execution (you must sign the document but you don’t need it notarized)
  • Payment and delivery instructions (mail, phone, online; personal checks, money orders, debit and credit cards)

File Texas LLC Online

How to get a Certificate of Formation restated for your Texas LLC

To get your LLC certificate of formation restated in Texas, you must file Form 415. If you want your Texas LLC certificate of formation reinstatement to include new amendments, you must file form 414.

Getting an amendment to a Certificate of Formation in Texas

To get an amendment to the certificate of formation in Texas, you must file Form 424 (Certificate of Amendment). If you need to reinstate your Texas LLC while also including amendments, you must file Form 414. The amendments must get approved by the votes and signatures of all the company’s members and managers.

Agreements, Provisions, and Indemnification with a Certificate of Formation

If you’re forming an LLC, consider hiring an attorney to prepare and file your company documents to include provisions, agreements, and indemnification to your Texas LLC certificate of formation. Non-lawyer company formation services cannot lawfully give you legal advice and counsel you on protecting your business from any unfavorable outcomes and implications. The cost of starting a Texas LLC with our attorneys is relatively inexpensive (supported by a 110% lowest price guarantee) and rewards you with so much more, including peace of mind:

Form a LLC with Spiegel & Utrera, P.A.

  • $529.95
  • Includes State Filing Fee
  • Speak to an Attorney! Business AND Legal Advice
  • Certificate of Organization
  • Company Minutes
  • LLC Regulations
  • LLC Ownership Register
  • Banking Resolution
  • Membership Certificate
  • Preliminary Name Search
  • 110% Lowest Price Guarantee
Form a Texas LLC Online Now

Form a Texas LLC by Phone: call our law firm at (800) 603-3900

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Benefits of LLC in Pennsylvania | Tax Credits, Pros and Cons

Benefits of LLC in Pennsylvania | Tax Credits, Pros and Cons published on

Benefits of an LLC in Pennsylvania

Table of Contents

Speak to a lawyer now: (800) 603-3900

There are many options available for starting an LLC, but few outweigh the benefits of an LLC in PA. Pennsylvania is one of the most prosperous North American states as one of the original 13 U.S. colonies—offering multitudes of tax incentives, credits, and programs for entrepreneurs to use. Before we get into the state-specific benefits of a Pennsylvania LLC, let’s go over the top advantages of forming a limited liability company in general.

Limited Liability Protection

Starting with the most crucial benefit of a PA LLC, limited liability can separate the financial and legal obligations of the company from its members. In case of a lawsuit, members can be protected due to a legal shield the entity provides, which defends personal assets. Keep in mind that this liability protection is limited and will not shield a member from wrongful or illicit acts.

Pass-Through Taxes

Another vital benefit of a PA LLC is its ability to avoid federal income taxes. Taxation will bypass the LLC and go directly for the members’ profits. In this scenario, all of the money earned by the LLC can go straight to the member, and taxation will only occur on their income. Other entities such as a C-Corporation don’t have this advantage, and its leaders are essentially taxed twice.

Simplicity and Flexibility

Other PA LLC benefits include its ease in formation and simplicity to sustain when compared to other entities. You don’t need to maintain certain company formalities or file taxes for the single-member LLC. You also have the flexibility of functioning as a single-member LLC, a multi-member LLC, or a multi-member LLC led by an operating manager.

Increased Perception of Credibility and Reliability

As a formal business entity, a limited liability company receives the perception of a more trustworthy business structure when compared to an individual or a sole proprietorship. Starting a PA LLC adds an extra layer of reliability for employees, customers, and other businesses. Your LLC is required to adopt ‘LLC’, ‘L.L.C.’ or ‘limited liability company’ into its name, which immediately lets people know that you are a formal business and not just a fly-by-night company.

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Pennsylvania LLC Advantages: Tax Credit Programs

The benefits of an LLC in PA don’t end with the general advantages; Pennsylvania is currently hosting several different tax credits and programs to aid economic development in the State. Depending on the nature and location of your business, you may be able to qualify for these incentives.

Research and Development Tax Credit Program

LLCs in Pennsylvania get incentivized to conduct certain types of research that qualify for tax credit compensation.

Mixed-use Development Tax Credit Program

This program grants PA LLCs tax credits for eligible construction or rehabilitation projects.

Malt Beverage Tax Credit Program

Are you in the business of manufacturing malt or brewed beverages? Well, you may be able to qualify by forming an LLC and applying for this program.

Educational Tax Credits

This tax credit applies to a PA LLC contributing to scholarship organizations that provide scholarships for students in underachieving schools.

Keystone Innovation Zone Tax Credit

This incentive nurtures entrepreneurship in Pennsylvania by offering tax credits to certain types of companies within the Keystone Innovation Zones.

Keystone Special Development Zone

This tax credit incentivizes the redevelopment of abandoned or deteriorated commercial and industrial sites.

Historic Preservation Tax Credit

This tax credit compensates a PA LLC for rehabilitating eligible historic structures.

Neighborhood Assistance Program

The NAP motivates the engagement in activities that improve community economic development in poor neighborhoods.

Resource Enhancement and Protection Tax Credit

Farmers and agriculture businesses can benefit from this tax credit under the tone that they implement proper management practices in agricultural operations.

Entertainment Production Tax Credit

Film or video game production companies can benefit from this tax credit.

Entertainment Economic Enhancement Program

This program rewards tax credits to tour operators representing musicians for live musical performances within the state.

Pennsylvania Resource Manufacturing Tax Credit

You’ll be awarded a tax credit of five cents per gallon of ethane bought and utilized in producing ethylene, with the condition that the company invests at least $1 billion in capital and creates a minimum of 2,500 full-time jobs while constructing the manufacturing facility.

Coal Refuse Energy and Reclamation Tax Credit

Certain facilities that generate electricity by using coal refuse to generate power, control acid gases for emission control, and use ash produced by the facilities to reclaim mining-affected sites, may be compensated with this tax credit.

PA LLC: Disadvantages

While an LLC in Pennsylvania may be a fantastic option for many entrepreneurs, it doesn’t come without its downsides—and in the context of certain types of businesses, it isn’t feasible or even possible. Let’s list the disadvantages:

  • More expensive than a Sole Proprietorship or Partnership in both formation and maintenance.
  • Annual report fee
  • An LLCs’ income is subject to self-employment tax due to profits passing through directly to its member(s). A corporations’ shareholder only pays such taxes on their salary and not on the corporate profits. For this reason, depending on your business, an LLC may not be the most tax-friendly entity for you.
  • Employee benefits such as medical insurance may get treated as taxable income in an LLC. For employees of a corporation, it may not be the case.
  • Raising capital may be limited by the inability of an LLC to issue stocks and bonds like corporations, discouraging investors.

Businesses that can’t start an LLC in Pennsylvania

Certain types of businesses are ineligible for PA LLC formations, some of these include:

benefits-of-an-llc-in-pennsylvania
  • Real Estate Investment Firms
  • Rare Coin or Stamp Dealers
  • Banks, Finance, Leasing, and Insurance Firms
  • Pyramid Sales
  • Charities
  • Churches
  • Loan Packaging
  • Multi-channel Distribution

Should the legal formation of an LLC get handled by Attorneys or an LLC formation service?

Spiegel & Utrera, P.A.
$354.95
Includes State Filing Fee
Speak to an Attorney! Business AND Legal Advice
Prepare and File LLC
Certificate of Organization
Company Seal and Book (LLC Kit)
Company Minutes
LLC Ownership Register
Banking Resolution
Membership Certificate
Preliminary Name Search
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LLC Formation Service
$275.00
Includes State Filing Fee
Customer Support
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Prepare and File LLC

“The formation of your PA LLC is a legal process; would you go to a mechanic for a medical procedure?”

Form a PA LLC Online Now

Form a PA LLC by Phone: call our law firm at (800) 603-3900

Starting an LLC in PA: Business Attorneys VS LLC Formation Services

In all fairness, LLC formation services have their place, but the concern lies in their inability, by law, to give you legal advice based on your business and personal needs. There are many cases of entrepreneurs unwittingly piercing the corporate veil and losing their limited liability protection for not having a map and compass of their judicial landscape. When forming and operating an LLC in Pennsylvania, those misinformed and misguided often overlook the legal implications and pitfalls concerning their business endeavors, such as transferring assets to other entities, failing to maintain proper separation of business and personal assets or identities, and failure to follow corporate formalities.

At no extra cost, Spiegel & Utrera, P.A. includes legal and business advice along with your PA LLC formation. You’ll speak to attorneys with a combined 175+ years of legal experience and cover all your bases.

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Wisconsin LLC Lookup Search for a Name

Wisconsin LLC Lookup Search for a Name published on

WI LLC LOOKUP – WISCONSIN LLC PRELIMINARY NAME SEARCH

Starting an LLC in Wisconsin begins with a WI LLC lookup; we will perform a preliminary Wisconsin LLC name search during the initial steps of LLC formation and ensure that your desired business name is available to you. Avoid choosing the wrong company name, and instead, learn how to create an advantageous one with the tips below.

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STEPS TO CREATE A NAME TO USE IN YOUR WI LLC LOOKUP

Before searching for the availability of a business name in the WI LLC lookup database, let’s go over how to craft great names for your Wisconsin LLC. We know how hard it can be to create an available limited liability company name that follows legal requirements, gives your business a competitive advantage, and represents your business values. Here are some steps to keep in mind:

Step 1: Make your LLC name memorable, catchy, and easy to pronounce

  • Consider a business name that insinuates what you’re offering, what you do, or what sets you apart.
  • You may use acronyms such as CVS or BMW, which help to shorten long names and make them catchy, memorable, and easier to pronounce.
  • Use word mash-ups for your WI LLC, such as Nabisco (former name of Nabisco Biscuit Company), Garmin (based on founders Gary Burrell and Dr. Min Kao).
  • Gain inspiration from mythology or classic literature to create a name, such as Nike (goddess of victory in ancient Greek religion).
  • Use foreign words or even your name, alias, or nickname.
  • Use map locations to identify potential LLC name variations based on your target market.

Step 2: Ensure it’s brandable

Brandable LLC names are typically undescriptive, such as Google or Amazon. Company names like these owe their branding potential to uniqueness and memorability. One of the main downsides to words like these is their non-descriptive nature, requiring additional investment in creating brand awareness.

Step 3: Confirm website domain name and social media availability

Apart from confirming your Wisconsin LLC name is legally attainable with the state in the WI LLC lookup database, some may also suggest verifying social media and website domain name availability, ensuring uniformity across all platforms.

Step 4: Make it timeless

An evergreen name that will always be relevant and stand the test of time.

Step 5: Consider the future

You want a name that won’t limit your growth, expansion, mergers, locations, and changes to your product line or services in the future.

WISCONSIN LLC SEARCH FOR A NAME

In performing a Wisconsin LLC search in the WI LLC lookup database, you will find out whether or not your name is legally available. Below we will outline standards, restrictions, and suggestions based on Wisconsin state business name guidelines.

  • The name of your Wisconsin limited liability company must be distinguishable from all others; none may be the same or deceptively similar.
  • Company names that use words that describe or convey the impression that the business is engaged in practices that it isn’t, such as using ‘insurance’ in the name while it isn’t an insurance company—unless the name makes it clear that it isn’t.
  • Avoid unimportant words (the, and, of), including numbers and letters (unless using acronyms). Also, discard generic verbiage (corporation, incorporated, company, etc.) or their abbreviations.

wisconsin-llc-name-search

Legal considerations when naming your Wisconsin LLC

Using a name that is too similar to the one used by your competitors, that company may accuse you of a trademark violation; you might get forced to adopt a different name and may even have to pay monetary damages. Part of our complete company formation package includes, at no additional cost, our attorneys helping you find and choose a name that avoids any potential legal penalties. Unlike many Wisconsin LLC formation services, we provide you with legal counsel and advice from our in-house business attorneys.

WISCONSIN FICTITIOUS NAME REGISTRATION – DBA IN WISCONSIN

A Wisconsin fictitious name registration or DBA in Wisconsin (doing business as) may highlight the services or products you offer and include the locations you service. Registering a fictitious name in Wisconsin is valuable for companies. The company may permanently use its name. However, if it wishes to use any other, it must file a Wisconsin fictitious name registration. Once you have your Wisconsin fictitious name registered, you can use your localized DBA in Wisconsin name in your advertising copy.

What you need to know about a Wisconsin Fictitious Name Registration

You can use your localized Wisconsin DBA on print and online ads, billboards, bus stops, etc. If a business does not comply with the Wisconsin laws on fictitious or DBA name registrations, the results may be unfavorable in a court of law.

Expiration of a Wisconsin Fictitious Name Registration

If you have a Wisconsin fictitious name registration now, consider that it will be effective for a lifespan of five years—expiring on December 31st of the fifth year.

Call (800) 603-3900 to register your fictitious name over the phone or online at: AmeriLawyer.com

Form your LLC and get a FREE Wisconsin LLC lookup to ensure name availability

When you form an LLC with Spiegel & Utrera, P.A., you get so much more for your money and time:

  • A completed corporate kit that includes all legally required documents, seal, and book
  • Legal and business counsel from experienced in-house attorneys
  • Free WI LLC lookup or preliminary name search
  • 110% lowest price guarantee

Get your SBA Loan Amount Reconsidered

Get your SBA Loan Amount Reconsidered published on

GETTING FROM THE SBA $1,000,000 FOR OUR CLIENT

Get your SBA Loan Amount Reconsidered with Spiegel & Utrera, P.A.

Spiegel & Utrera, P.A. was able to increase an initial Economic Injury Disaster SBA Loan amount from $24,000 to $324,000 for a client in the bar and restaurant industry! We are confident that we may be able to secure an additional sum of $600,000 for their other two locations, which would bring the total amount to nearly $1,000,000.

HOW TO GET THE SBA TO RECONSIDER YOUR LOAN

In the beginning of the pandemic, our client applied for the Small Business Administration’s Covid-19 Economic Injury Disaster Loan (EIDL). The loan provides economic relief to small businesses and nonprofit organizations experiencing a temporary loss of revenue due to the pandemic.

At the time, the loan only required a simple online application. The U.S. Treasury wanted the money to be quickly distributed to businesses that needed it, so loans were being applied for and money given out with little oversight.

The application process was simple but did not gather enough details to get the financial help our client needed. The initial loan amount was $24,000 for one restaurant and $6,000 for each of the other two locations. To say the least, our client was frustrated. A program designed to assist businesses affected by the pandemic only awarded a loan amount that would not cover a single month’s expenses.

At this point, the client felt helpless. They knew the loans granted by the SBA would not be enough to get their business through the pandemic, so they turned to Spiegel & Utrera, P.A. to get someone to fight for them.

Under our representation, our client was able to stop taking time away from his business while we focused our time on getting them more money.

We quickly noticed that our application was not being handled diligently. The case was being assigned to several officers who were unable to coordinate their information with each other, further prolonging and complicating an already difficult process. To rectify the issue, our firm filed a complaint with the SBA Public Affairs Office, and we were eventually able to work with a single loan officer. We also made sure to submit more information for our client, such as their tax returns and transcripts, as well as their profits, losses, and balance sheets, which were critical to ensuring we could get them the best loan possible.

Initially, we sought the allowed loan limit of $150,000. However, during the reconsideration process, the SBA increased the loan limit for the COVID-19 EIDL program from 6-months of economic injury with a maximum loan amount of $150,000 to up to 24-months of economic injury with a maximum loan amount of $500,000. We promptly submitted changes to our reconsideration and requested a new loan amount of $500,000.

Working with the SBA, Spiegel & Utrera, P.A. managed to increase the first loan from $24,000 to $324,000, and one $6,000 loan is soon to possibly receive the same amount. The second $6,000 loan is currently pending reconsideration, and we are confident we will get similar results!

To be in a position to receive a sizable business loan, we strongly advise all our clients to keep detailed and accurate business records. Keep complete records of your expenses and revenue, pay your quarterly or yearly taxes, and hire an accountant or install an accounting software such as QuickBooks. Most importantly, be sure to file your taxes. If you do not file your taxes, you will not have a tax transcript from the IRS and therefore will not be able to receive a loan.

Additionally, be sure to maintain an active entity status by filing your required annual reports, and prepare the notice and minutes for your company meetings. The minutes can show proof that the entity has authorized an officer to apply for the business loan and get the process started quickly.

Most importantly, if you need a loan or need a loan reconsidered for a higher amount, contact us at ClubAssist@AmeriLawyer.com or give us a call at (800) 603-3900 ext. 219 and ask to speak with Larry Spiegel.

Submit contact details for immediate assistance:
* Please give our attorneys up to 4 business hours to contact you. Thank you.
Client Testimonial: Roger Davis

★★★★★

My attorney for 30 years. They really do more than just set up corporations. I needed somebody to help me out of a serious legal matter they were able to take on the case for less than 1/2 of what the other attorney was charging me. Become a member of their Club it's like a hundred forty bucks a year and you get all the free legal advice you want. What a cheap insurance policy. I am so glad that I have them on my side.

Protect Your Business From a Whistleblower – AmeriLawyer.com

Protect Your Business From a Whistleblower – AmeriLawyer.com published on

Protect Your Business From a Whistleblower

What is a whistleblower?

A whistleblower is a person who exposes a private or public organization’s confidential information or activity that is considered illegal, unethical, or incorrect. Whistleblowers report organizations that break the law, engage in fraud or corruption, or pose a threat to public interest or national security—but also, violations of company rules and policies as stated in legal documents such as corporate bylaws or LLC regulations may constitute grounds for whistleblower allegations. Laws are in place to protect whistleblowers from facing legal, criminal, and social repercussions, regardless of whistleblowing classification as public or private. Laws are in place to protect whistleblowers from facing legal, criminal, and social repercussions, regardless of whistleblowing classification as public or private.

whistleblower

HOW TO PROTECT YOUR BUSINESS FROM A WHISTLEBLOWER

Companies cannot use any clause, term, or provision that prohibits whistleblowers from reporting any illegal, unethical, or incorrect information, practices, or activities; confidentiality agreements do not trump a whistleblower’s rights. The best way to protect your company from a whistleblower is to be aware of and follow constitutional, criminal, and employment laws—among others that pertain to your business and legal jurisdiction. Certain industries have more potential risk for whistleblower claims than others; healthcare businesses, non-profits, and government contractors. A proactive method of protecting yourself against whistleblowing is to implement a complaint policy that outlines how matters will get handled. Make it easy for them—even incentivize transparency for them to come forward about their concerns with you instead of a third party.

Get Legal Advice

If you have a whistleblower case on your hands, do not fire or demote that person, don’t ignore, reprimand, deny, or exclude an employee; don’t treat him or her any differently from the rest of your employees. Remember, the best way to protect your company from a whistleblower is to know the law. If you are a member of our General Counsel Club, you can call (800) 734-9900 for unlimited legal, business, credit, and tax advice; legal knowledge is one of the best insurance policies you can get.

Submit contact details for immediate assistance:
* Please give our attorneys up to 4 business hours to contact you. Thank you.
Client Testimonial: Roger Davis

★★★★★

My attorney for 30 years. They really do more than just set up corporations. I needed somebody to help me out of a serious legal matter they were able to take on the case for less than 1/2 of what the other attorney was charging me. Become a member of their Club it's like a hundred forty bucks a year and you get all the free legal advice you want. What a cheap insurance policy. I am so glad that I have them on my side.

Corporation Resolution Forms and Corporate Minutes

Corporation Resolution Forms and Corporate Minutes published on

Corporation Resolution Form

A corporation resolution form is a legal document that directors of a corporation adopt to document consent and agreement between all relevant parties to a corporate resolution. Items of the corporation resolution form includes the date, time, location of the board of directors’ meeting, details of the decisions and resolutions made, including the names and signatures of those responsible and authorized to act in accordance with the agreement.

Corporation resolution forms are also known as corporate organizational minutes and resolutions. The corporate minutes benefit you in a variety of business and legal matters, such as borrowing money, raising capital, IRS audits, preventing shareholder or director disputes and claims, while ensuring that critical business information gets organized properly and stored with your other company records.

To create your organizational minutes/corporation resolution form, we have two available options:

1. Get our Corporate Kit for $29.95, which includes:

  • Corporate Organizational Minutes and Resolutions
  • Corporate Book and Seal with Slip Case Cover
  • Corporate Bylaws
  • Corporate Ownership Register
  • Banking Resolution
  • Stock Certificates
  • Legal and Business Attorney Advice
  • Preliminary Name Search

For only $29.95, we’ll provide you with a complete corporate kit (company records book and seal); preparing your bylaws (which establish the rules of your corporation), organizational minutes, ownership register, banking resolution, business name search, and stock certificates. Our corporate kit package not only includes the preparation of these complex legal documents, but our attorneys will render free legal, business formation, credit, and tax advice to help you achieve the best outcomes for those aspects of your business. We use a high-quality vinyl binder with a slipcase cover and a custom-made corporate seal to present your corporation as an organized, professional, and reliable entity to do business with to any future lenders, investors, and partners.

corporation-resolution-form-kit

2. Get a General Counsel Club membership for $139.95 per year, which includes:

  • Preparation of the notice and Minutes of your corporation’s annual meeting of shareholders or members and directors.
  • Unlimited Legal, Business, Credit, and Tax advice from our attorneys.
  • Availability of Registered Agent Service with Attorney-Client Privilege.
  • Entitlement to an advertisement for up to one year on our client bulletin board on our website.
  • Review of all mandatory state filings.
  • Access to our newsletter, “Entrepreneur’s Alert.”

View complete details and ordering information at www.AmeriLawyer.com/gcc

If you place your order online, you will be provided with a link to our annual meeting worksheet. We will use the worksheet to prepare the notice and minutes of your annual meeting. The preparation of these documents normally takes two weeks. We will e-mail them to you in a PDF format for you print, sign, and keep with your other company records.

Preview our Annual Meeting Worksheets here:

If you have any questions or need assistance, please call our office at (800) 603-3900 or if you need immediate assistance, fill out the form below.
Submit contact details for immediate assistance:
* Please give our attorneys up to 4 business hours to contact you. Thank you.

Company Resolution Form

The contents in a corporate bylaws document may be of influence to the decisions made in the corporate resolutions form. For this reason, we recommend that entrepreneurs look to an attorney for the preparation of custom bylaws. This way, you can establish the rules of your corporation before any board of director meetings and ensure that all present are on the same page. Corporation resolution forms bind all signatory directors to the responsibility and authority of carrying out the corporate resolution. A chosen secretary of the corporation certifies and signs that the time, date, location, directors, meeting decisions, and resolutions are true and correct.

Please note that corporation resolution forms are important legal documents that may get required in important business matters, such as opening corporate bank accounts or doing business with investment firms. It may also get used when another entity such as a bank requires verification of who the authorized party members are.
If you’re on the fence about any of the legal or business matters discussed here (or any), please call our office for a free attorney consultation at (800) 603-3900.
Client Testimonial: Roger Davis

★★★★★

My attorney for 30 years. They really do more than just set up corporations. I needed somebody to help me out of a serious legal matter they were able to take on the case for less than 1/2 of what the other attorney was charging me. Become a member of their Club it's like a hundred forty bucks a year and you get all the free legal advice you want. What a cheap insurance policy. I am so glad that I have them on my side.

Independent Contractor Agreements | Create Custom Agreements

Independent Contractor Agreements | Create Custom Agreements published on

What is an Independent Contractor Agreement?

An independent contractor agreement is a contract between a company and an individual service provider used to establish the terms of a project-based or temporary employment. The agreement outlines the services provided by the independent contractor and the fees paid by the company for completion. It may also include conditions and provisions corresponding to liability, legal rights, confidentiality, and applicable jurisdiction.

Independent contractors are responsible for things that full-time employees typically aren’t, such as paying income tax (it doesn’t automatically come out of the check like regular employment), using their tools (unless the company provides them), and getting health insurance.

Independent contractor agreements are designed to protect the rights and interests of both the contractor and the hiring company, providing clear descriptions of the projects or responsibilities and the details of deadlines, expected quality or outcomes, and payment schedule. Independent contractor agreements also incorporate conditions related to intellectual property, authority, equipment, training, benefits, and the duration of contract.

Submit contact details for immediate assistance:
* Please give our attorneys up to 4 business hours to contact you. Thank you.

Benefits of an Independent Contractor Agreement for an Employer or Company

Independent contractor agreements let companies fill necessary yet temporary positions without having to hire a full or part-time employee while avoiding the need to provide training or supplies. Independent contractors typically have more urgency and reason (as entrepreneurs) to provide a higher quality of service to warrant earning continued business. A well-written agreement will protect both companies and independent contractors from liabilities and lawsuits by clearly specifying respective roles, duties, payments, deadlines, and dispute resolution, among other procedures relative to the project and working relationship.

Customize your Independent Contractor Agreement

IRS Form 1099 Misc

independent-contractor-agreement

Important Notes: What to look for in an agreement if you’re an Independent Contractor

If you’re an independent contractor receiving an agreement from an employer, there are several things that you want to look for and understand:

  • Make sure they classify you as an independent contractor and not as an employee; employees may be entitled to benefits and different tax obligations.
  • Agreement defines the nature of the work to be completed.
  • Details a list and number of all the supplies, tools, materials, and other items that will get used towards the completion of the project.
  • States the exact address of the location where the project will get worked on, finished, and delivered.
  • Describes the development process, a schedule of when and how tasks will get delivered, and systems in place to resolve missed deadlines.
  • Who will be the point of contact for both parties? When and where will you have meetings?
  • How will potential issues or disputes be resolved? Through alternative dispute resolution or litigation? Are there any provisions in regards to a breach of contract for either party?
  • Presents the metrics used to accurately gauge the development and completion of each task or project.
  • States any active, relevant licenses and insurance the independent contractor may have.
  • Terms for intellectual property and its ownership, along with a non-disclosure clause to prevent the other party from disclosing information to competitors.
  • Sets the completion or termination of the agreement; will it be after a specified duration or date? Or will it be after project completion? Can the agreement end early and following what conditions?

Review or create your Independent Contractor Agreement

Types of Independent Contractor Agreements

Independent contractor agreements come in numerous forms, depending on the relevant industry, jurisdiction, and scope of services. Here is a list of some of the types of independent contractor agreements and their alternative names:

  • Freelance Contracts
  • Consultant Agreements
  • Consulting Services Agreements
  • General Contractor Agreements
  • Subcontractor Agreements
  • Service Level Agreements

For a big list of independent contractor agreements, check out our service level agreements or our general agreements page. You may also call our office at (800) 603-3900 for a free consultation and quote on a custom agreement for your services and independent contractor business.

Advantages and Disadvantages of an Independent Contractor Agreement

Being an independent contractor comes with several advantages and disadvantages, depending on the terms and provisions within the agreement; which is why you should hire a lawyer to write one for you. Here are some of the pros and cons:

Advantages

  • Free to operate within the rules and guidelines that you set for your business.
  • A potentially vast network of clients instead of being employed by just one; losing a client has a minimal effect compared to getting fired by a full-time employer.
  • Be your boss; answer to no one, only your results.
  • Independent contractors may be entitled to own copyrights of the content they created—whereas content created as an employee belongs to the employer, but ultimately depends on the terms or lack thereof within the contract.

Advantages for Independent Contractors that Incorporate

An independent contractor that incorporates instead of functioning as a sole proprietorship (not recommended!) gains additional benefits and advantages than the few outlined above, such as:

Limited Liability and Asset Protection

Limited liability and asset protection—which means that you will be personally exempt from all debts and claims placed on your business; only your corporation or limited liability company will be liable, and your assets will be out of reach.

Business Tax Deductions

Tax deductions—among other tax advantages; being able to deduct business expenses related to travel, equipment, home office use, company meetings, car leases, and other tax-deductible commodities. Operating as an unincorporated independent contractor will not allow you the tax benefits from starting a corporation or forming an LLC, operating as a separate legal entity.

Professional Marketing Framework

Enables a more professional framework for marketing and branding yourself. A business that operates under a legal entity such as a corporation or a limited liability company gets perceived as more credible and reputable by both public and private interests. Depending on how you use it, a corporation or company will have an easier time acquiring clients, investors, shareholders and hiring quality staff.

Privacy and Anonymity

Privacy and anonymity—another great advantage gained from incorporating or forming a company if you’re an independent contractor; you can provide services, do business, sign contracts, and operate under your company or corporation’s legal name. You can also create alternate names for your entity (also known as fictitious names or DBAs) to enable further potential and flexibility for privacy, anonymity, and branding.

Disadvantages

As an independent contractor, there may be disadvantages relevant to your business:

  • A red flag on the IRS’ computer algorithm may show up if the independent contractor reports over $10,000 in earnings, or if the bulk of their revenue comes from one source; causing them to wonder whether you’re an independent worker or an employee of the company getting misclassified.
  • Employee misclassifications are a common illicit practice for employers looking to avoid taxation.
  • You may have to bring your tools, equipment, and materials as an independent contractor. If you do business under a corporation or company, at least you can write off supplies and other costs like vehicle and travel business expenses as valid tax deductions.
  • You’re responsible for paying all taxes versus an employee who only pays the employee portion. Self-employment taxes are not withheld and have to be declared voluntarily by the independent contractor.
  • No benefits, worker’s compensation, health or life insurance; an independent contractor is responsible for acquiring those themselves.
  • Depending on your jurisdiction, there may be more regulations and stricter policies in place for independent contractors versus regular employees.

Please note that hiring an attorney to incorporate and write a custom Independent Contractor Agreement may reduce or completely shield you from the impact of those disadvantages. Call us for a free consultation and quote to reveal how you can cover any legal, business, credit, and tax vulnerabilities associated with your business.

Spiegel & Utrera, P.A. Radio Show – Relevant Videos:

Competition with your Employer

Tax-deductible Business Expenses

Incorporating Corporations and Forming LLC’s

Client Testimonial: Roger Davis

★★★★★

My attorney for 30 years. They really do more than just set up corporations. I needed somebody to help me out of a serious legal matter they were able to take on the case for less than 1/2 of what the other attorney was charging me. Become a member of their Club it's like a hundred forty bucks a year and you get all the free legal advice you want. What a cheap insurance policy. I am so glad that I have them on my side.