Business Law Questions

1 Answer | Asked in Business Law for Virginia on Apr 19, 2011

Mr. Andrew T. Bodoh Esq.'s answer
This depends in part on when the obligation was entered into (before or after the corporation was purged) and what sort of debts they are. Some debts, particularly obligations to pay certain taxes, can bind officers of a corporation. Also, if the ...
 
 

1 Answer | Asked in Business Law for Virginia on Feb 7, 2011

Mr. Andrew T. Bodoh Esq.'s answer
Most of the professional regulations fall in Title 54.1 of the Virginia code (see http://leg1.state.va.us/cgi-bin/legp504.exe?0 00+cod+TOC5401000). They are broken down by professions there, with several chapters dedicated to the healing arts, as you put it.
 
 

1 Answer | Asked in Business Law for Virginia on Feb 7, 2011

Paul A. Prados's answer
If this is in response to a subpoena, there is a reasonableness requirement for your charge. There are a lot fewer firm rules about costs and fees than most people think.
 
 

1 Answer | Asked in Business Law for Virginia on Feb 4, 2011

Paul A. Prados's answer
Is it allowed, yes, is it advisable is a fact based analysis that depends on the goals of the parties, and especially the trust instrument. Given the level of complexity you are discussing, you are far beyond the point of needing professional paid legal ...
 
 

1 Answer | Asked in Business Law for Virginia on Jan 26, 2011

Paul A. Prados's answer
If you are talking about a private sector RFP, there is nothing that prohibits you asking. The party who set it up may refuse to answer. If it is a third party that set up the bidding process they may have a contract prohibiting the third party from ...
 
 

1 Answer | Asked in Business Law for Virginia on Nov 16, 2010

Paul A. Prados's answer
The assets and liabilities of two companies can be combined and continue in a one of the two companies. Or they can all be transferred to a new company. Under all circumstances there should be a formal transfer. One of you biggest problems is going to ...
 
 

1 Answer | Asked in Business Law for Virginia on Nov 18, 2010

Paul A. Prados's answer
Completely invalidating a contract under Virginia law is difficult. For those portions in which there are contradictions if the other party drafted the contract you will probably receive the most favorable term listed in the contract. If you have been ...
 
 

1 Answer | Asked in Business Law for Virginia on Dec 20, 2010

Paul A. Prados's answer
Generally no, Court is not necessary. Your articles of incorporation, bylaws, or other governing documents will control the situation. In the absence of provisions in those documents the default position allows for the "corporation" to call a ...
 
 

1 Answer | Asked in Business Law for Virginia on Nov 6, 2010

Paul A. Prados's answer
In a court of the Commonwealth of Virginia, generally no. Judges will often give a little leeway at the very first Court appearance, but if you file a case as a plaintiff without an attorney you run a serious risk of dismissal. For administrative hearings ...
 
 

1 Answer | Asked in Business Law for Virginia on Dec 23, 2010

Mr. Andrew T. Bodoh Esq.'s answer
The Virginia law pretty clearly implies that every director has to have the right to vote. Doing otherwise could cause a court to invalidate action taken by the board of directors on a close vote.
 
 

1 Answer | Asked in Business Law for Virginia on Dec 16, 2010

Mr. Andrew T. Bodoh Esq.'s answer
The definition depends on which state or federal law you are looking at. Generally, though, and interested party is one that is directly affected by an action or inaction of the body or office you wish to protest. For instance, for bid protests under the ...
 
 

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

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, ...
 
 

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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. ...
 
 

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

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
 
 

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

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.
 
 

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

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.
 
 

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

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.