Law for Small Businesses
50 questions available
Questions
When starting a new business, what is one of the legal formalities that is typically required for a sole proprietorship?
View answer and explanationWhat is the primary purpose of a 'retainer' fee arrangement with an attorney for a small business?
View answer and explanationAccording to the 'Average Attorneys’ Fees for Selected Small-Business Transactions' table in Chapter 42, what is the estimated fee range for a trademark application?
View answer and explanationIn the context of choosing a business form, which of the following provides for 'pass-through' taxation, where profits are taxed at the individual level rather than the business level?
View answer and explanationWhat is a primary legal risk for a small business that establishes an online presence allowing customers to purchase goods or services?
View answer and explanationIn Mixon v. Iberia Surgical, L.L.C., the court had to interpret a buy-out provision in the LLC's Operating Agreement. What did the court conclude about the term 'Book Value'?
View answer and explanationWhat is a primary advantage for a small business to raise capital through a bank loan instead of seeking venture capital?
View answer and explanationWhat is the primary purpose of a key-person insurance policy for a small business?
View answer and explanationIn DBL Distributing, Inc. v. 1 Cache, L.L.C., why was the corporate officer, Gary Bracken, potentially held personally liable for the company's debt despite signing in a representative capacity?
View answer and explanationWhat is a primary benefit for a small business to classify a worker as an independent contractor rather than an employee?
View answer and explanationWhat is the primary role of a business plan when a small business is seeking venture capital?
View answer and explanationWhat is a major disadvantage of the corporate business form, particularly for small businesses that distribute profits to owners?
View answer and explanationWhen forming a corporation, what is the purpose of the bylaws?
View answer and explanationWhat does a nondisclosure agreement primarily aim to protect for a business?
View answer and explanationUnder the 'Venture Capital Issues' table in Chapter 42, what right does 'piggybacking' refer to?
View answer and explanationWhat is the primary legal consequence of misclassifying an employee as an independent contractor if the IRS determines the worker is actually an employee?
View answer and explanationWhich of the following is a key reason for a small business to create a formal buy-sell agreement?
View answer and explanationWhat is the legal status of a verbal promise of permanent employment if an employee relies on it and is later fired?
View answer and explanationFiling a business name with a state official provides what kind of protection?
View answer and explanationWhat does a 'right of first refusal' in a shareholder buy-sell agreement typically do?
View answer and explanationWhen is it especially important for a small business to obtain legal counsel?
View answer and explanationWhat is the primary trade-off for a small business when using independent contractors instead of employees?
View answer and explanationAccording to the 'Average Attorneys’ Fees for Selected Small-Business Transactions' table in Chapter 42, what is the estimated fee range for creating an employee handbook?
View answer and explanationWhat is the key difference between a business's trade name and a trademark?
View answer and explanationIn the context of an LLC operating agreement, what typically happens if the agreement does not specify how profits will be divided among members?
View answer and explanationWhat is the primary purpose of a noncompete agreement in an employment contract?
View answer and explanationWhat is the Small Corporate Offering Registration (SCOR) process designed for?
View answer and explanationAccording to Chapter 42, which business structure is the default for a new, single-owner business unless another form is affirmatively adopted?
View answer and explanationWhy might a small business owner be personally liable for a contract even if the business is incorporated?
View answer and explanationWhich of the following is an example of a federal law from which small businesses with fewer than fifteen employees are exempt?
View answer and explanationWhat is the significance of the symbol ® when used with a name or logo?
View answer and explanationAccording to the 'Insight into the Global Environment' feature in Chapter 42, why might an online business based in the U.S. be in violation of German law?
View answer and explanationWhat is the primary function of a corporate records book for a small corporation?
View answer and explanationWhen hiring a new employee, what is a key reason for a small business to check the applicant's background and driving record?
View answer and explanationWhat is the primary disadvantage for a business that obtains venture capital financing?
View answer and explanationIn the case of InfoSAGE, Inc. v. Mellon Ventures, L.P., why did the court affirm the summary judgment in favor of the venture capital firm, Mellon?
View answer and explanationWhy must a small business owner be cautious about offering severance pay to a terminated employee?
View answer and explanationWhat is the primary difference in liability between a general partnership and a corporation?
View answer and explanationIf you federally register a trademark that you have already been using for two years, and another company then registers the same mark, what rights do you typically retain?
View answer and explanationWhat legal principle allows an LLC's operating agreement to require all member disputes to be resolved by arbitration, thereby disallowing court challenges?
View answer and explanationWhich of the following is a key step in forming a corporation?
View answer and explanationWhat must a small business do five years after initially registering a trademark with the PTO to maintain its protection?
View answer and explanationWhat is a major risk associated with the federal Small Business Administration (SBA) loan program?
View answer and explanationWhat is a primary reason for a business to choose a Limited Liability Company (LLC) structure?
View answer and explanationAccording to Chapter 42, what is a primary legal concern a business should have when hiring a new employee who previously worked for a competitor?
View answer and explanationWhat is the primary difference in continuity of life between a sole proprietorship and a corporation?
View answer and explanationAccording to the case of InfoSAGE, Inc. v. Mellon Ventures, L.P., what is a prerequisite for finding a breach of fiduciary duty by a venture capitalist's director appointee?
View answer and explanationIn the case DBL Distributing, Inc. v. 1 Cache, L.L.C., what specific phrase in the updated credit application was central to the court's decision regarding personal liability?
View answer and explanationWhat is the primary role of an accountant for a new small business, beyond bookkeeping?
View answer and explanationWhat is the Statute of Frauds requirement regarding contracts that small businesses should be aware of?
View answer and explanation