Business Law Questions & Answers by State

Business Law Questions & Answers

Q: Can you own 2 different corporations in Indiana, example a hardware store and a cabinet store at the same time

1 Answer | Asked in Business Law for Indiana on May 30, 2014

Answered on Jun 27, 2014

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Michael Ray Smith's answer
Sure. The only reason I can think of that might prohibit it is if one or both of them are franchises, and the franchise agreement prohibits you from owning a competing business -- but even that seems unlikely in your example of a hardware store and a cabinet store.

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Q: Can I pursue a career as a lawyer if I have misdemeanor domestic violence charges?

1 Answer | Asked in Business Law for Georgia on Jun 12, 2014

Answered on Jun 14, 2014

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Charles Snyderman's answer
The Georgia Office of Bar admissions publishes its requirements online, and you should read them to see whether you qualify.

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Q: What is the cost of trademarking my logo?

1 Answer | Asked in Business Law for Texas on Feb 22, 2014

Answered on May 6, 2014

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Douglas J. Shumway's answer
The price of a trademark varies from law firm to law firm so you should call around to a few intellectual property law firms to see what they are charging. My law firm charges a minimum of $250.00. Many times a trademark does not have the scope that the client believes it should have so make sure any attorney you speak with talks about what you are and are not getting when you register the mark.

This answer is not meant to be legal advice. Please contact an attorney in your area for...

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Q: Is it legal in INDIANA to own 2 corporations with the same name at the same time??? If so what are the statutes ???

1 Answer | Asked in Business Law for Indiana on Feb 21, 2014

Answered on Mar 22, 2014

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Michael Ray Smith's answer
Indiana Code 23-1-23-1(b) says that the name of a corporation has to be distinguishable from the name of another corporation or other business entity organized in Indiana. So, no, there should not be two Indiana corporations with the same name. In fact, there should not be an Indiana corporation named ABC, Inc. and an Indiana LLC named ABC,LLC. At least not at the same time. Note that once a corporation or LLC is dissolved (either volutarily or administratively for failing to file business...

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Q: Does a sub-chapter "S" corporation need a minutes book, and if so, can annual meeting minutes be kept in any binder?

1 Answer | Asked in Business Law for Indiana on Jul 31, 2012

Answered on Mar 22, 2014

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Michael Ray Smith's answer
Any Indiana business corporation -- whether it is taxed as an S-corporation or a C-corporation -- is required to keep certain records specified by Indiana Code 23-1-52-1, including, among other things, minutes of all shareholder meetings and meetings of the board of directors. Those records must be maintained permanently, with at least the last three years of them kept at the corporation's principal office. Unless the corporation's articles or bylaws impose more specific requirements, they are...

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Q: I bought 68% of a WY LLC, I've received nothing for my payment ($59,000.00). I think I was scammed - what can I do?

1 Answer | Asked in Business Law for Mississippi on Mar 12, 2014

Answered on Mar 18, 2014

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Albert Pettigrew, Jr.'s answer
Contact the Wyoming attorney general's consumer protection office or an attorney in that state to help you with your rights as a member of the LLC.

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Q: Can I sue a person (not their LLC) for breach of contract based on an oral agreement to start a business with them?

1 Answer | Asked in Business Law for Texas on Feb 25, 2014

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
I do a lot of small business law as well as restaurants. Honestly, the biggest problem I've seen is the inevitable disputes among owners of start-ups. In this situation, you are a little behind as most of this should have been resolved in a written agreement from the start and with an Attorney involved. It would have cost just a few hundred Dollars investing in bringing an Attorney on to do the LLC entity set-up and filing and that alone would have given you a much stronger claim for...

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Q: Is it illegal in the state of Utah for one motel to call another to drum up business?

1 Answer | Asked in Business Law for Utah on Jul 20, 2013

Answered on Feb 13, 2014

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Douglas J. Shumway's answer
Depending on the method utilized to "drum up business" there may or may not be any liability. There are a number of causes of action that most lawyers would be able to think of depending on what was said and sometimes even how something was said. Damages would be difficult to prove and the attorney's fees would probably be outrageous so the motel losing business would probably never really pursue the claims. If you own or work at the motel that is losing business because of the actions of...

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Q: If two people own a business ,can one of the registered agents change the mailing address after owners have split.

1 Answer | Asked in Business Law for Florida on Feb 18, 2011

Answered on Jan 22, 2014

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Andrew Bresalier's answer
Yes. You can do it when you do your Annual Filing for no additional charge, or you can do it at some other time for a fee. This is done, via sunbiz.org.

www.dont-sweat-the-debt.com

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Q: Does a Board of Directors of a Private, not for profit, bundled golf community need to have a confidentiality agreement?

1 Answer | Asked in Business Law for Florida on Mar 23, 2011

Answered on Jan 22, 2014

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Andrew Bresalier's answer
Confidentiality Agreements are generally used to protect secrets. Unless the organization has formulas or other priority info, there should not be such a need.

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Q: Can non-dentist be owner of a corporation that renders dentist services

1 Answer | Asked in Business Law for Florida on Jun 24, 2011

Answered on Jan 22, 2014

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Andrew Bresalier's answer
A Professional Association can only be owned by licensed professionals of that trade; however, a professional and/or a nonprofessional can work for a business entity that is not a PA.

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Q: Can a corporation ignore or dismiss their own constitution

1 Answer | Asked in Business Law for Florida on Nov 12, 2012

Answered on Jan 22, 2014

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Andrew Bresalier's answer
It is done all the time by closely held business. If there is no one to complain, there is generaly no problem. The thing is, the more involved, the more things like this become an issue.

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Q: Does Florida State laws requiere good cause for termination by the supplier of an food distribution agreement?

1 Answer | Asked in Business Law for Florida on Feb 28, 2013

Answered on Jan 22, 2014

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Andrew Bresalier's answer
Such a relationship is dictated by the terms of the service agreement.

www.dont-sweat-the-debt.com

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Q: Can I register a limited company in Florida if I'm on L2 visa?

1 Answer | Asked in Business Law for Florida on Mar 20, 2013

Answered on Jan 22, 2014

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Andrew Bresalier's answer
There are no citizen requirements to register an entity in Florid, via www.sunbiz.org.

www.dont-sweat-the-debt.com

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Q: Can an unlicensed RE professional be Managing Parnter of a real esate company - having financed the business?

1 Answer | Asked in Business Law for Florida on Mar 28, 2013

Answered on Jan 22, 2014

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Andrew Bresalier's answer
Only a licensed professonal can own part of a Professional Association. Others can staff such an organization.

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Q: Can I represent myself in a corporate matter

1 Answer | Asked in Business Law for Florida on Dec 13, 2013

Answered on Jan 22, 2014

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Andrew Bresalier's answer
Generally, if it is a small business in County/Small Claims court you can; however, in Circuit Court matters or if the business is not small, counsel is required.

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Q: I need to file an amendment and restatement of charter for a MD corporation

1 Answer | Asked in Business Law for Maryland on Aug 2, 2012

Answered on Jan 4, 2014

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Cedulie Renee Laumann's answer
Either title would probably be accepted by the SDAT but the first is more accurate.

Yes, if a second amendment / restatement the word Second should be included.

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Q: Can a business in oklahoma stay open if they have no running water?

1 Answer | Asked in Business Law for Oklahoma on Jun 6, 2011

Answered on Dec 30, 2013

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Howard Berkson's answer
We don't have enough information to provide a detailed answer. There are many situations in which running water would not be required but drinking water probably must be available, even if it is just bottled or in a thermos. There could be city or county health code issues requiring running water (and hot water), depending on the type of business and where it is located. If you work at a stationary site where employees are normally located, it is likely that there must be a bathroom with hot...

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Q: Is the business liable is the work is contracted out?

1 Answer | Asked in Business Law for Oklahoma on Mar 18, 2013

Answered on Dec 30, 2013

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Howard Berkson's answer
We don't have enough information to answer your question directly. There are a lot of variables that go into determining whether a company is liable for something done by its contractor.

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Q: How do I find the financial net worth of a person in nj,who took money from me and not returning it.

1 Answer | Asked in Business Law for New Jersey on Jul 24, 2013

Answered on Dec 15, 2013

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Christopher J. Basner's answer
Do you have a contract?

Have you filed suit?

Before you can collect money, you may need to file suit and obtain a judgment.

What good does it do you to find out assets, if this person will not voluntarily pay you?

You would be best served by at least consulting with an attorney on this issue.

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