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1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Can a local business refuse to accept a Certificate of Exemption (Florida) for a 501c3 nonprofit?

I’m on the Board with a federally recognized 501c3 nonprofit, we have a consumers certificate of exemption for the state (Florida). We have been in operation for over a decade, and use our exemption certificate frequently to buy supplies for the nonprofit.

When I went in to purchase some... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it appears that the business owner may be misunderstanding their obligations when it comes to accepting a valid Florida Certificate of Exemption for a 501(c)(3) nonprofit organization.

According to the Florida Department of Revenue, a properly completed...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:

1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of... View More

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1 Answer | Asked in Business Law and Intellectual Property on
Q: My drop shipping store was sued for selling a patent product. How do i deal with this? I was unaware of the patent

Its a drop shipping company and i used a third party company to do my listing. I was so unaware. I didn't make a sale on the item an i had since removed the listing. I live in Jamaica and this is in the US.

How do i deal with this?

James L. Arrasmith
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answered on Apr 16, 2024

Facing a lawsuit for unknowingly selling a patented product can be overwhelming, especially when international boundaries are involved. First, it's important for you to consult with an attorney who has experience in intellectual property law within the U.S., as they will understand the... View More

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for New York on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the... View More

1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and...
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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

James L. Arrasmith
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answered on Apr 16, 2024

In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you...
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1 Answer | Asked in Business Law for Florida on
Q: Can a Non-Profit organization have the President's Sister and Nephew sit on the board of directors and achieve Quorum?

I would like to know if a non-profit organization is compliant with IRS requirements for a 501(c)(3), if the board of directors is comprised of the

President, their sister, and their nephew in order to achieve quorum and be in compliance with 501(c)(3) regulations. Assume a scenario where... View More

James L. Arrasmith
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answered on Apr 15, 2024

Having a non-profit organization's board of directors comprised of the President, their sister, and their nephew raises concerns about private inurement and conflict of interest, which could jeopardize the organization's 501(c)(3) status.

Scenario 1: No compensation for board...
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1 Answer | Asked in Business Law, Civil Litigation and Internet Law for California on
Q: Can I sue against Upwork for negligence against their E&O due to me hiring a fraudulent attorney on their platform?

I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.

Here are...
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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Business Law and Real Estate Law for California on
Q: Can I sue the Hoa for failing to follow the davis sterling act and provide information requested ,certified, as a BOD?

I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.

According to the...
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1 Answer | Asked in Copyright, Civil Rights, Business Law and Intellectual Property for Kentucky on
Q: Is my news youtube channel considered commercial? Can I use material gained from open records requests? And Monitize?

It's very hard to tell if I can even do this. I see a lot of body cam channels, obviously expanding and reporting on the situation. This would come with monitization and it wouldn't be just the video, I would create a more transformative video. I would like to do something similar in KY... View More

James L. Arrasmith
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answered on Apr 12, 2024

Whether your YouTube channel is considered commercial and whether you can monetize it depends on several factors. Here are a few key considerations:

1. Purpose of the channel: If your primary goal is to generate income from the channel, it may be considered commercial. However, if your...
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1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Domestic Violence on
Q: Can a business offer sanctuary the way a church does?

Not for suspected criminals, but in cases like providing temporary shelter for the homeless or victims of abuse. Does being non profit make a difference? What if the business's owner is religious?

James L. Arrasmith
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answered on Apr 12, 2024

In general, businesses do not have the same legal right to offer sanctuary as churches and other religious institutions. However, there are some circumstances where a business might be able to provide temporary shelter or assistance to individuals in need, depending on the specific situation and... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?

I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.

This has... View More

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Tennessee on
Q: Does a DE nonprofit have to file a foreign qualification in TN if the sole member/directors merely lives in Tennessee?

No business will be conducted in TN. The DE Nonprofit will not actively be seeking out donations or soliciting donations particularly from TN residents, although the NP may accept donations from TN residents. Solicitation of charitable donations will be passive from the NP website.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it is unlikely that the Delaware nonprofit would need to file a foreign qualification in Tennessee solely because one of its directors or members lives there, as long as the nonprofit is not actively conducting business in the state.

However, there are a...
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1 Answer | Asked in Bankruptcy and Business Law for Kansas on
Q: Is it okay for me to treat as a Sole/IC after I closed my business and filing bankruptcy from business?

I closed my chiropractic business (LLC filing as S-Corp) and I was the owner and chiropractor (w-2 employee) due to financial issues, I still owed 8 months in a lease and many other bills causing me to seek out filing bankruptcy, which I have an attorney but is out this week and some things just... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems like you are in a difficult financial situation and are trying to find a way to continue practicing as a chiropractor to support yourself. However, there are several legal and ethical considerations to keep in mind:

1. Bankruptcy proceedings:...
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1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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1 Answer | Asked in Education Law and Business Law for Missouri on
Q: Can a preschool director be charged with fraud for misusing scholarship funds intended for a low income student?

The director of a nonprofit preschool organization was given scholarship funds by a business sponsor intended for a low income student to pay their tuition. She, instead, kept these scholarships and used them for other purposes (the purposes she used them for have not been made known). She kept... View More

James L. Arrasmith
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answered on Apr 10, 2024

Yes, a preschool director who misuses scholarship funds intended for a low-income student can potentially be charged with fraud in Missouri. This situation may constitute fraud because:

1. The director was entrusted with the scholarship funds for a specific purpose (to pay the tuition of a...
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1 Answer | Asked in Business Law for Vermont on
Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

James L. Arrasmith
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answered on Apr 10, 2024

In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a California notary form a LLC in California?
James L. Arrasmith
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answered on Apr 9, 2024

Yes, a California notary public can form a Limited Liability Company (LLC) in California. However, it is important to keep the notary business separate from the LLC.

Here are a few key points to consider:

1. Separate entities: The notary commission is granted to the individual, not...
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