Legal Question in Business Law in Pennsylvania

Business Law

I have created a sole proprietorship, filed all paperwork and filed my fictitious name. A friend has offered to help me get the business up and running. He has done a lot of work and even created the logo. However, he has some ideas and thoughts that I don't agree with and he has even begun to call me the CEO and himself the COO. I am concerned that there may be an ''implied partnership,'' but unsure if that can be considering the fact I have already created the sole proprietorship. What can I do to protect myself? Is it too late to create an LLC and draft up by-laws? I want his help, but in the capacity of an employee, not a managing member or someone who has any say/control in the business. I have been developing this business in my head and on paper for the past 6 years and his only involvement has been in the past 2 months. I want to make sure I can create an LLC without him claiming any type of partnership and hindering my ability to move forward with my plans. Thank you for your time!


Asked on 9/11/08, 10:32 am

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Business Law

You asked about a business issue.

You are right to be concerned and must nip this matter in the bud.

Unfortunately there is little advice that can be provided with the scant information at hand. It is usually important to have an attorney involved at the earliest stages of a business's development in order to protect against problems later.

The most common issue with find with mid-development stage businesses is that they had many early stage errors that are now problems to clean up. It is always preferable to start off on the right foor and save the potentially costly clean up fees latter.

If you would like to discuss this matter call me to arrange an appointment.

Regards,

Roger

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Answered on 9/11/08, 1:17 pm
Michael Berman Law Offices of Michael A. Berman

Re: Business Law

You need to get the business relationship squared away ASAP without destroying the friendship. Keep it simple, yet professional. If you want some guidance, just ask.

Mike

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Answered on 9/11/08, 3:40 pm


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