Legal Question in Business Law in New Jersey

I am buying a Franchise with my wife. We plan on using the SBA for financing. Should we set up as a LLC? Do I need to do it before we open the store or can I do it retro-active? Thanks


Asked on 5/12/10, 3:55 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You are starting a business and spending a lot of money on it, and taking a loan too.

You need a good accountant and a lawyer who handles setting up and running businesses.

Please call my office to make an appointment. This initial consultation for one half hour will be free of charge, and I will let you know what I believe I can do to assist you further.

Robert F. Davies, Esq.,

Phone: 201-820-3459, Hackensack New Jersey.

Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/19/10, 11:51 am
Kevin B. Murphy Franchise Foundations, APC

A franchise attorney will tell you to think ahead. The SBA will not require an LLC to fund your franchise investment, but it may make sense to limit your liability, etc. Check your franchise contract because the franchisor's consent (and sometimes a transfer fee) is normally required for all transfers, including one to an LLC you own. Consult with a good franchise attorney for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/10/10, 3:25 pm


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