Lawyers, Answer Questions  & Get Points Log In
Business Law Questions & Answers
2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are transactional attorneys who help set-up businesses. I have a friend who I refer people to, as I'm a litigator. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

View More Answers

1 Answer | Asked in Contracts, Business Law and International Law for Oklahoma on
Q: exact rolls of what makes limited Partership agreement valued in state of Ok. can final judgment be inforce in jordan

defult judgment was taken civile partnership agreement. final judgment was taken as defulat jusdment with out my knoldge. now they are tryig to enforce the civil judgment in the country of jordn since i resid i jordan over seing the project.

os thier is an agreement of both vout state of... Read more »

David Luther Woodward
David Luther Woodward
answered on Sep 23, 2022

I cannot answer your question about the basis for the default because I can't examine the court file. Default judgments are taken without the knowledge of the defendant (you), hence the term.

There is no treaty between the U. S. and the Kingdom of Jordan for the recognition of...
Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: is neutrogena makeup remover wipes pack of 2 patented?
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Likely so and, if not, the formula is no doubt kept secret. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Business Law, Contracts and Mergers & Acquisitions for New York on
Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?

If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Depending on the language of the NDA, yes. Have a free telephone consultation with counsel.

Jack

3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 20, 2022

In my experience, business owners generally hire an accountant to help them navigate the taxes.

I really like Peters CPA, LLC https://www.lpeterscpa.net/ or (972)863-9640.

View More Answers

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Can I insinuate or "threaten" to break a solar contract that's already been installed?

I recently had solar panels installed in MD. It was verbally stated and explained how it would be installed: inverter inside in the basement, shutdown switch outside in the front, and conduit running on the side of my home hugging the downspout. The installers didn't do this and performed the... Read more »

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

You have a breach of contract action that is unlikely to be material enough to allow you to rescind the contract, give back all the solar panel equipment, and get a full refund. You will be stuck with your contract. Your damages will be measured by the cost to correct and repair any faulty... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on
Q: my work did not give me any hours for the last 2 weeks of my job but i sign a contract that say i am generated me hours
Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

This may be a breach of contract. I would need to see the contract.

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

View More Answers

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... Read more »

View More Answers

1 Answer | Asked in Family Law and Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Can a tow yard keep my leined car and remove parts or stereo equipment? ?

The car was impounded despite having a moving permit insurance and a failed smog certificate, the tow yard insisted that I could not remove aftermarket stereo that I personally installed which is detachable and not mounted to the vehicle and offered to sell back to me. They removed it. The tow... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 17, 2022

Likely not. Towing laws are fairly strict and you should have the right to get your personal items out of the vehicle, including aftermarket items.

1 Answer | Asked in Consumer Law, Business Law and Internet Law for California on
Q: Hello I am wondering if a lawsuit can be brought against yahoo for strong arming customers into their prem tech suppt.

I called yahoo today about an issue with receiving an email from TIKTOC. I had no trouble getting in my emails on my cell phone or desktop computer at all and use it daily. After speaking to the Agent I was logged out on all devices to my yahoo account then told I had to reset the password. An old... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 17, 2022

It may be considered false or deceptive advertising under California Business and Professions Code § 17200.

1 Answer | Asked in Business Law for New York on
Q: Can a majority owner bring a derivative suit against its own company?

I know minority owners can but I don't know if majority ones can.

Michael David Siegel
Michael David Siegel
answered on Sep 16, 2022

Yes, if the bylaws say that a majority is insufficient to authorize suit.

1 Answer | Asked in Personal Injury and Business Law for Texas on
Q: What discipline and who would be the best attorney or group to help this Restaurateur pro bono?

A car crashed into a restaurant injuring one person critically, destroying a wall and possibly the integrity of the structure itself. The Restaurateur leases the property and the landlord does have insurance. The landlord may or may not have business interruption insurance. Additionally,... Read more »

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

It is unlikely you will find an attorney willing to take such a case pro bono. Moreover, it is unlikely that you will need to do so.

The restauranteur should report the claim to its own insurance company. The insurance company should cover the restauranteur's damages and will be...
Read more »

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Does a person I drew sample illustrations for owe me money?

In 2014 I created drawing samples for a person who asked for them because she was writing a children's book. I sent a set of 4 designs and asked her to choose the one she liked best. She chose two and said that she would speak to me again after she talked to her PR person. But I didn't... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I believe that you may have a case. I would have to see all the interactions.

1 Answer | Asked in Contracts and Business Law for Missouri on
Q: Can I sue Amazon for publishing my book without my knowledgel?

I was told about a year ago that my account and book were removed from Amazon and I found out today they still had my book in their online book store. What are my options?

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I would have to see the agreement you signed with them. I would also have understand how they communicated to you that your account and book had been removed.

Based on this information, it may make sense to develop a litigation strategy.

1 Answer | Asked in Contracts and Business Law for Florida on
Q: in Florida can a leinholder come take your rv when its not up for repo. what can i do
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.

1 Answer | Asked in Business Law and Landlord - Tenant for Massachusetts on
Q: I have a qualified buyer for my business, my landlord isn’t sure if he wants to assign my lease. What are my options?

I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease

William J. Amann
PREMIUM
William J. Amann
answered on Sep 15, 2022

Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.

1 Answer | Asked in Business Law for California on
Q: What is code 1502

Hi we are running small church for Wthiopian community and we received a letter that we should submit some form by October 22,2022 along with a check of $243

We are new to USA system and have no idea what this means. We are non revenue church but not business. What shall we do?

Matthew Morris
Matthew Morris
answered on Sep 14, 2022

Even though your church is not a business, in California it was probably organized as a "Religious Corporation" under the California nonprofit corporations law. Corporations in California, even churches, are required to file a "Statement of Information" with the California... Read more »

2 Answers | Asked in Business Formation and Business Law for Illinois on
Q: Do we need to refile articles of incorporation or any other business docs when applying for NFP status for a for-profit

business. Business has been around for 37 years. We want to apply for 501c3 status to diversify our income and open up our services to more contracts and help more people. Currently, mostly are federal grants and we haven't earned profit in years.

T. J. Jesky
T. J. Jesky
answered on Sep 13, 2022

This may be easier than you think. If you want to convert a profit corporation to a non-profit organization all you need to do is complete Illinois Form EOA 205 (provided by the Illinois Secretary of State- a one page form) and send two copies of the completed form to the Secretary of State with... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.