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Betty Wilson, a mature Christian, is thinking of opening a Christian coffeehouse in Belmont, NC. Her husband John is open to making a contribution of capital to the , but he has no interest in participating in its operation or management.
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Betty’s sister, Alice, a new Christian, has told Betty that she’s been looking for an excuse to get out of the house and that she would love to be a part of the . Alice’s husband, a non-Christian, opposes his wife’s involvement and has told her that he expects her to remain a stay-at-home mom to their 2 daughters, Ally and Lisa, ages 13 and 15.
Betty’s neighbor, Erma, a non-Christian, has also expressed an interest in participating in the business as a way to earn some extra income. Erma thinks the “Christian thing” has potential with all the big churches in the area, including a Mormon temple and a large Kingdom Hall of Jehovah’s Witnesses.
In researching the coffee business, Betty came across a few franchise opportunities, some of which would require her to adopt the franchise name and trade dress but others that would only require her to move into a turn-key facility and agree to purchase a certain volume of product every month for a period of no less than 10 years. Both types of franchises offered to provide training for her and any staff she might hire.
Betty has considered operating the business as a franchise, a sole proprietorship, a of some sort, a corporation of some sort, as an LLC, or even as a joint venture. She is thinking of calling the business “The Gathering Place.”
From both a legal and spiritual perspective:
- Address the pluses and minuses of each of the various business forms that Betty might adopt and recommend one, giving clear reasons for your recommendation.
- Address whom Betty should agree to take into the business with her and why? If she elects not to take in any interested party, what should she tell them is the reason or reasons, if anything?
- Do a corporate name search at: http://www.secretary.state.nc.us/corporations/CSearch.aspx to determine if the name she is considering is available for use in the State of North Carolina.
- Assess whether the name that she is considering is a good name choice for trademarking purposes and any other legitimate business reasons.
