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About David K. Staub
(Top Expert on this page)

Expertise
I am a business and tax attorney and have spent more than 30 years assisting people in starting a wide variety of businesses. I can answer questions about the basic differences between the various entities available to new businesses, including limited liability companies, corporations, S corporations and partnerships. I can provide guidance in other areas facing start ups, such as hiring employees, signing contracts and obtaining necessary licenses. I can also direct people to sources for answers to specific legal questions which cannot be answered in a forum of this nature.

Experience

Experience in the area
I have been an Illinois business attorney for almost 30 years. I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.

Organizations
Illinois State Bar Association; Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Glenkirk Foundation (Trustee; Vice-Chairman/Strategic Planning); Association for Corporate Growth, Chicago Chapter; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi - President

Publications
Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter

Education/Credentials
Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974

Website
Staub Anderson Green LLC
Chicago, Illinois
Mergers & Acquisitions

Illinois business attorneys

Practice Areas
Business Organizations
-Corporations

-LLCs
-Partnerships

-Joint ventures
Mergers & Acquisitions
-Buying/selling business
Securities Law
Tax Law
Technology Law
-Software licenses
-Development agreements

Trademarks

Disclaimer
Responses are intended to be informational only. No response is intended to constitute legal advice or create an attorney-client relationship. Online advice is not a substitute for consultation with an attorney.
   

You are here:  Experts > Business > Small Business: Canada > Starting a Small Business

Questions Answered By Expert  David K. Staub 
In Category  Starting a Small Business

SubjectDate Asked

Controller9/28/2009
  Q: I own part of an S Corporation and would like to know if the Controller is considered an "officer" ...
  A: The corporation's bylaws should specify the officers of the corporation. Just because someone has a ...
inspiring employees7/10/2009
  Q: i am trying to inspire them, have you any available inspirational stories that discuss success? if ...
  A: Tim, What I have found is that no two employees are ever alike, and what motivates them can be very ...
my "partners"7/7/2009
  Q: I consider myself an entrepreneur no successful yet but I am sure one day I will if I learn how to ...
  A: I'm glad to hear that it looks like your project is going to be a success. Unfortunately, with only ...
What type of business?7/1/2009
  Q: A few years ago, I started a personal training business. It was just myself, and I operated as an ...
  A: First, congratulations on the growth of your business. Facing issues that come with growth is ...
Business Names6/30/2009
  Q: I have a quick question and I hope that you can assist me. I am in the process of starting a small ...
  A: Yes, it is possible for one entity to have multiple business names. That is done by even by large ...
S or LLC entity6/26/2009
  Q: Staub, I am planning to start an IT consulting business providing both project management and ...
  A: Balaji, The principal advantage of choosing a S corporation over an LLC is that current IRS rules ...
Business Type Plus License6/23/2009
  Q: A friend of mine and me have started a landscape design business. I, having the most business-like ...
  A: Jim, Thanks for your questions. With respect to the question of LLC versus partnership, that is a ...
Starting an LLC6/17/2009
  Q: However our business will be in UT and we have not chosen a location yet because we want to open in ...
  A: It depends. If you are going to use a Utah LLC (which is probably the best choice if your LLC's ...
Structuring of LLC membership shares6/14/2009
  Q: I've just established an LLC and am working on the Operating Agreement. There are three members: ...
  A: The operating agreement should spell out exactly what the rights of each member are. Rights include ...
Which entity is best?6/11/2009
  Q: My partners and I (3 including me)are starting a vending truck business (taco truck) and want to ...
  A: That is a very complicated question that seems very simple. Without more information, it is ...
ownership issues6/9/2009
  Q: "I am here in California and my friend asked her daughter -in law to file the necessary papers to ...
  A: I am not a California lawyer, but assuming California is not much different than any other state, if ...
liability6/5/2009
  Q: i started a small bakery business. i supply cookies and cakes to cafes. if i set up as an LLC, but ...
  A: You should get insurance. An LLC can shield you from certain liabilities but it cannot really ...
Is this legal?4/24/2009
  Q: I am 15, and me and my friend are looking to start a business. First, how do you legalize your ...
  A: Caine, First, let me say that I am a U.S. attorney and I am not generally familiar with Canadian or ...
Business 1014/21/2009
  Q: I would like to start my own online business, but I have no idea about business. Therefore, I think ...
  A: Julian, I think basic business courses are an excellent idea for everyone starting a business (and ...
Will an LLC help me?4/20/2009
  Q: i live in california. i have a couple questions that i hope you can answer. i work full time as a ...
  A: Adam, the LLC makes NO DIFFERENCE on your tax deductions. First, unless you choose to have the LLC ...
Repurposing a LLC3/31/2009
  Q: I have a dormant Texas LLC that I started two years ago with a couple of partners. The business, ...
  A: Yes, you can, but since the original LLC has members, you must be certain to "drop" them in a manner ...
Business Name Question3/27/2009
  Q: David thank you for taking time to read and help answer my question. I am looking to start a ...
  A: It is easy to check for registered trademarks. In the United States, simply go to the website of ...
Non-Profit Bylaws3/26/2009
  Q: Our Non-Profit Bylaws state"The Board Of Directors" Shall consist of the Executive Board and lists 8 ...
  A: My answer is based only on your facts and not your applicable non-profit statute of whatever state ...
is this a good idea?3/25/2009
  Q: David, for taking my questions. My husband and I have just retired. We have enough pension income ...
  A: I don't know what the market is for turn-key family book makers, but certainly plenty of genealogy ...
Business Name Question3/24/2009
  Q: David thank you for taking time to read and help answer my question. I am looking to start a ...
  A: You could very well have legal issues with a name used by someone else. While a business name ...
Becoming Incorporated3/21/2009
  Q: I am an independant contractor who works at home and I accept customer service telephone calls. ...
  A: The main benefit for most people of incorporating (or forming a limited liability company) is the ...
starting a salon2/27/2009
  Q: my name is David too, my wife wants to open a hair salon. She is licensed here in Ct, she found a ...
  A: First, opening a business like a hair salon definitely calls for forming an entity before you take ...
llc question2/24/2009
  Q: do i need a federal tax id number if me and my husband are the only owners of an llc? i already have ...
  A: If you and your husband are both members of the LLC, then the LLC is a partnership for Federal tax ...
Business Entity2/23/2009
  Q: I recently started selling crafts online and am thinking about becoming "official". My shop name is ...
  A: There are some differences in entities that make either an LLC, an S corporation or a regular C ...
LLC Dissolution or Transfer?2/17/2009
  Q: I’m starting an online business based in CA. If I were to move out of state would I have to dissolve ...
  A: You don't have to dissolve your LLC simply because you move to another state. If you are doing ...
LLC, with S Corp Election - Texas12/11/2008
  Q: I recently formed an LLC with my friend to conduct IT/Computer related business. Since we have ...
  A: You do need to pay a "reasonable salary" but there is a lot more leeway there than you might think. ...
Starting business in USA12/4/2008
  Q: David, Good Morning. I own a proprietorship firm in India. We do software development and we have ...
  A: Amol, You can certainly start a company in the United States even though you live in India. I have ...
Purchasing Late Tax Properties12/3/2008
  Q: A man told me yesterday that one can go to a courthouse & purchase property which has unpaid ...
  A: No, it is not that simple, at least in most states that I know of. Although the process varies ...
Quick question about homeless marketing business12/2/2008
  Q: So I was poking around on some financial blogs and I found this post ...
  A: To answer your two specific questions: 1. Yes, there are generally laws in most areas that ...
Business Brokerage??8/28/2008
  Q: Dave, First of all thanks for taking a moment of your time to answer my question. I want to begin ...
  A: Depending upon how you represent your role in the transaction, you may call yourself broker or an ...
Non-Profit Orgs.8/27/2008
  Q: How specifically do I start a non-profit organization? Where do I get the proper forms like to gain ...
  A: Lee, Yes, that is all you have to do to form the non-profit. But you need to understand that ...
Non-Profit Orgs.8/26/2008
  Q: How specifically do I start a non-profit organization? Where do I get the proper forms like to gain ...
  A: Lee, There are two distinct levels that you need to be concerned with when starting a non-profit ...
Starting A Business By A Non-US Resident8/24/2008
  Q: I am a small business owner from India. We own and operate some websites that are targeted towards ...
  A: Asheesh, There is no reason that a non-resident alien cannot own a corporation or limited liability ...
troubled past.....clear future8/22/2008
  Q: I'm 45 yrs. old, I spent a great part of my life using drugs and in and out of trouble with the law. ...
  A: Garry, First, congratulations on putting your troubles behind you. You are correct that licensed ...
Trademark Question8/9/2008
  Q: After reading through some of your other posts I need some clarifying on something. My husband and I ...
  A: No, that phrase has a very specific meaning and does not mean that you can use the name. There is a ...
ein for fictitious co's8/5/2008
  Q: I have a main llc with an ein. I have opened a few additional businesses using fictitious names ...
  A: 1. The fictitious names are not separate businesses and should NOT have their own FEIN. The LLC ...
starting small business8/1/2008
  Q: I'm going to open a fast-food store with just a few kind of sandwiches under my name and style, and ...
  A: I would never recommend running a business of any size as a sole proprietorship. There are too many ...
landscaping bussiness5/9/2008
  Q: i really wont to open my own landscaping bussiness but was needing to know a couple of thing i had ...
  A: There is no reason that your lack of a high school education should prevent you from starting your ...
LLC single member disregard5/7/2008
  Q: I have two rental properties that I would like to transfer into 2 separate LLC's. My wife and I own ...
  A: If you live in a community property state, the IRS has ruled in Revenue Procedure 2002-69 that if ...
opening a bakery5/5/2008
  Q: Staub, I would like to open a bakery, but I have no idea what are the steps I need to take to get ...
  A: Opening a bakery or restaurant is one of the most common forms of new business start-ups. It is ...
business license5/2/2008
  Q: I'm starting a pet grooming business and I know that I have to file to get a DBA but I am confused ...
  A: You did the right thing by going to the county court house. Licenses for businesses such as a pet ...
up to speed1/6/2008
  Q: I will be doing something new this year. I am working for a sports photographer guy as a ...
  A: Assuming that you are NOT forming your own entity (such as a single member LLC), then there are only ...
business venture1/4/2008
  Q: I am starting a little venture (not sure if it is a business, persay), and I am searching for any ...
  A: Wow. Usually I get too little information to formulate a good answer. Your detailed explanation ...
Starting a non profit11/25/2007
  Q: I want to help the less fortunate in my community by having a place for them to get assistance with ...
  A: There are several ways to do what you want to do, but probably the 501(c)(3) will make the most ...
Bonding9/26/2007
  Q: I've been thinking about starting my own cleaning business. I'm wondering what it takes and costs to ...
  A: The costs to get bonded, licensed, insured vary significantly from state to state (and sometimes ...
starting up an LLC as a non-resident in US9/25/2007
  Q: Staub, I and my two friends (from Turkey) are about to start an internet business (a web site ...
  A: Sorry, I have been offline for a few days and am just getting back to my questions. Here goes: ...
Lending my 1120S business money9/24/2007
  Q: I put out considerable personal cash to start this business. How is that to be handled on the books? ...
  A: Sorry it has taken me a few days to get back online, but here goes: Since you refer to Form 1120S, ...
401k money for business purchase9/23/2007
  Q: I have recently been offered an opportunity to purchase an established beverage business at a ...
  A: My suggestion is to first try any bank or banks where either you or your relative have personal ...
401k money for business purchase9/22/2007
  Q: I have recently been offered an opportunity to purchase an established beverage business at a ...
  A: First, I STRONGLY recommend that you leave your 401(k) money intact. Even ignoring the very ...
wed business9/9/2007
  Q: Everyone says iam really good at writing letters on clothing in cool and unique ways. so i stated a ...
  A: I don't know how many T shirts you are talking about ordering, but I don't see any reason that a ...
International business9/5/2007
  Q: I have a question. Although it is related to Canadian business I think the idea is the same. I am ...
  A: 1. I almost always recommend that any business be conducted through an entity that limits your ...
cpa/law firm9/1/2007
  Q: I'm starting to notice firms operating as more than a CPA firm. I'm noticing successful firms ...
  A: In some other countries, accounting firms do, in fact, practice law through wholly-owned law firms. ...
Business Structure and Investment Money7/22/2007
  Q: We are 2 partners in an S-Corp. I provided all of the start-up capital and my partner Tim is the ...
  A: I am a little confused by your questions since you say that "The corporation is already set in ...
What to get first?7/9/2007
  Q: My brother and I have been dreaming about starting our own business. A gaming store. We know from ...
  A: My first tip is to consider forming an entity other than a partnership. A general partnership makes ...
moving company tax laws7/6/2007
  Q: I am looking to start a small business, a moving company. How do I report profit? What are the tax ...
  A: There are no special tax rules for a moving company. If the company is a regular corporation, it ...
paying ourselves5/18/2007
  Q: My son and I are residential RE appraisers. Right now he owns the company as a sole proprietor. As a ...
  A: If you organize an LLC or form a partnership, it will need its own taxpayer identification number ...
Is it possible for us to start our own business?5/17/2007
  Q: heres my situation...I am a stay at home mother and my husband works full time in construction ...
  A: Before I answer your question, let me sound a warning loud and clear. Studies of small businesses ...
LLC to lease and manage a property5/16/2007
  Q: I recently bought a property under my name. I would like to lease out this property. I do have ...
  A: Good questions. Here are my thoughts: 1. Most of our clients do choose to put their properties in ...
paying ourselves5/15/2007
  Q: My son and I are residential RE appraisers. Right now he owns the company as a sole proprietor. As a ...
  A: You can both be on the payroll of the business only if you choose to incorporate the business (even ...
Computer Busniess5/11/2007
  Q: Im thinking of opening my own computer parts/ repair/ sevices business and running it form my home. ...
  A: You ask some very good questions. I'll give you some brief answers, but I strongly suggest that ...
License for business4/23/2007
  Q: David - Thanks in advance for your help. In our research for our dog business we've been unable to ...
  A: It appears that licenses for your type of business are handled at the county level in Virginia. ...
Corporate Officers4/22/2007
  Q: Mr. Staub, Me and a partner are starting a corporation for selling cars. When printing business ...
  A: Any person can hold multiple titles. As you imply in your question, you will have a president and ...
Starting Business Abroad3/6/2007
  Q: I am a U.S. citizen currently living in Spain. I need to create a business to be able to set up and ...
  A: You certainly don't need to live in the United States to own a business formed in the U.S. There ...
Business partnership3/5/2007
  Q: In my planned company there are 2 active partners financing equally and working....nd the other 3 ...
  A: If you don't have an agreement among the partners, most state partnership (and often LLC) statutes ...
question about my business3/4/2007
  Q: The only thing I do have is insurance but I also need to make sure does the insurance cover me and ...
  A: If you don't know what to do about payroll taxes, get an accountant fast. There is nothing that can ...
starting a business2/4/2007
  Q: I like to start a bus. of remodeling homes and landscaping. Just as a part time gig. I plan on ...
  A: 1. You don't have to form an entity to protect you but you certainly should. If you and your ...
questions about first stages of starting a business1/25/2007
  Q: first off i would like to ask if your knowledge is for the U.S. or Canada? me and a buddy are ...
  A: Generally speaking, an LLC offers more flexibility than a S corporation and has less ongoing ...
Just a few problems...1/24/2007
  Q: I have a game development team. Now i need the people in this team to sign a 'Contributor ...
  A: I believe I understand your question. The answer is that that the document COULD be worded in a way ...
Daycare Center1/7/2007
  Q: What would be the most wise choice and cost effective way to set up a Daycare center. Revenues will ...
  A: First, you definitely should form an entity to help shield you from liability. While it won't ...
HOME BASED EMPLOMENT AGENCY12/17/2006
  Q: I AM INTERESTED IN STARTING A HOME BASED EMPLOYMENT AGENCY. I HAVE CHECKED MANY WEBSITES DEALING ...
  A: Any individual, partnership, association, corporation, contractor, or subcontractor in the District ...
Incoporating a business12/12/2006
  Q: Is it true that New Hampshire offers the most benefits when it comes to incorporating a business? I ...
  A: I am not sure what you mean by offering "the most benefits when it comes to incorporating a ...
North Carolina Corporation12/1/2006
  Q: What must be filed to form a corporation in North Carolina?
  A: You must file the original and one copy of your company’s Articles of Incorporation with the North ...
Copyright and Trademark11/30/2006
  Q: if i have a name for a business and that same name will be on the product, is that a copyright ...
  A: A name of a business or a name of a product generally is not entitled to copyright protection. A ...
Starting A Day Care11/21/2006
  Q: I what to start a daycare in Charlotte, NC. I know I have the clientele but I am not sure where and ...
  A: Your first step is to become thoroughly familiar with the North Carolina laws and regulations ...
Small Business liability protection11/8/2006
  Q: What kind of advice/assistance can you give me regarding protecting my business from liability for ...
  A: Wanda: Your primary protection should be adequate insurance covering the various risks of your ...
Thank you in advance10/25/2006
  Q: "Dear Mr. Staub, I desperately need ideas to present to reluctant health food store general ...
  A: Your last question is the easiest to answer. You can protect your idea from being used by the store ...
sales tax10/20/2006
  Q: I started a heating and cooling business last year in New York State. I have my DBA and my NYS tax ...
  A: When you refer to "parts and equipment I buy for my business" are you referring to part and ...
Operating agreement / Bi-laws10/18/2006
  Q: We plan to form an LLC in North Carolina and wanted to know if there is a difference between an ...
  A: Normally a corporation has bylaws and an LLC has an operating agreement. The name is not as ...
Follow up question10/16/2006
  Q: I really wasn't questioning the entity. My current business is an LLC so I am familar with that. ...
  A: I can't answer your question but I can make a suggestion. I would find a couple of speakers who ...
Start bottle water business10/16/2006
  Q: California. I would really like to start a water bottle business. I came out with the name and ...
  A: There are many sources for private labelling water. Even the source you already have may be ...
"Pulling a new business venture together"10/16/2006
  Q: In January 2007 I am retiring fully from a business I started 25 years ago and brought from nothing ...
  A: I am not sure what you mean by "getting this all set up." If the new venture is going to be owned ...
new business10/10/2006
  Q: We recently purchased a small welding business. It was a private sell. A vendor of the pervious ...
  A: Bulk sales statutes were enacted in many states around a century ago to fix a perceived problem: a ...
Re-using existing contracts10/10/2006
  Q: Staub, First, let me say that the service you and your colleagues provide is invaluable and ...
  A: Barry, Your question is a very good one. Rather than go into the detail myself, let me point you ...
DBA liability10/9/2006
  Q: I am looking to setup a dba under my existing company. If I choose to terminate the dba at some ...
  A: When you say you want to "set up a DBA under my existing company", if you literally mean when you ...
starting a business10/5/2006
  Q: I am on the process of starting an online company. I was wondering if you could tell me how to ...
  A: Ronin, For anyone interested in starting a business, there are thousands of helpful guides ...
Two friends started a business10/3/2006
  Q: Me and my friend just started a cleaning service.She talked to her mom that does taxes and asked her ...
  A: It may be "easier" in some respects to have only one name on the paperwork, but it is the wrong ...
LLC question9/28/2006
  Q: Greetings: I have recently formed an LLC with two other "members". We have a good Operating ...
  A: No state, to my knowledge, requires that ownership in an LLC be represented by certificates. ...
Starting a lawn mowing business9/28/2006
  Q: Mr. Staubs, I want to start a lawn mowing business in New York state. I do some lawns now "on the ...
  A: There are many forms of doing business and no one form is right for every situation. Technically, ...
lease question9/27/2006
  Q: Mr. Staub, My husband and I are about to buy an already established tanning business,the space ...
  A: In most states, the best protection against what you describe is to record the lease. Specific ...
LLC income9/25/2006
  Q: I have a friend who started an LLC selling insurance to car dealerships. He also contracts with a ...
  A: Kim: In your first question, you say your friend "wants to umbrella this sales activity under the ...
Crafts, Selling9/24/2006
  Q: I make jewelry and sell it to a boutique shop in the town where I live. I've been thinking about ...
  A: Heather, You have asked a lot of questions! First, you need to check with your city about ...
LLC or S Corp for taxes9/21/2006
  Q: I just purchased a small lawncare business. Currently it only makes about $1800 a month at about 7 ...
  A: You don't mention what state you are in, and LLC statutes vary from state to state. In my state of ...

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