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Illinois Business Law Questions & Answers
1 Answer | Asked in Contracts, Business Law and Internet Law for Illinois on
Q: If you already have an LLC and you create a new unique product - is it better to set up a new LLC to separate it?

I am wondering about legal protection and how it works with legal issues. If an issue surfaces and you have multiple LLCs do they all get called into court since your name as a member is on all of them - is there really any more legal protection with a LLC vs ones that already exist?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Dec 23, 2022

No, the LLCs are separate, if you have kept them separate with different bank accounts, addresses, etc.

If your new product can be protected because of its new process (it does something that no other product does) perhaps your protection is not from the type of structure but in...
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1 Answer | Asked in Business Law for Illinois on
Q: Can a Non-profit operate a for profit? We are thinking of transitioning but have a DBA Voc. school we want to keep.

Our school usually operates by training grants or direct training paid by other agencies training grants. Students rarely pay for tuition themselves. We serve low skilled, low-income individuals. It is a main part of the services we provide (especially as we pursue programmatic grants with... View More

Matthew Morris
Matthew Morris
answered on Dec 11, 2022

To answer your first question, "can a nonprofit operate a for-profit," there is nothing that prohibits this and it happens fairly frequently. Depending on the details, the for-profit enterprise can be a wholly- or majority-owned subsidiary of the nonprofit. You will want to be very... View More

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... View More

1 Answer | Asked in Business Law, Construction Law and Contracts for Illinois on
Q: My general contractor is breaching the contract again, how could we handle this?

Business site

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 30, 2022

A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... View More

1 Answer | Asked in Consumer Law and Business Law for Illinois on
Q: Is it legal to issue a customer a $500 store credit without a purchase or refund being made?
Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

An Illinois attorney could advise best, but your question remains open for four weeks. Stores might give such credits as customer appreciation or other reasons. Good luck

1 Answer | Asked in Contracts, Business Formation and Business Law for Illinois on
Q: We sold our small business with a promissory note to receive payment after one year. Now they won't pay

The pastor has experienced financial difficulty. They have not filed for bankruptcy, however they have received funding from an investment group. The promissory note reads,This Promissory Note shall become due and payable prior to maturity without presentation, demand, protest or notice of any... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 7, 2024

If a written promissory note, signed by the parties, is not paid when due, then the holder of the note may make demand or commence suit. In your case, if the borrower is not offering some other or new solution, it sounds like it is time to commence suit.

1 Answer | Asked in Business Law for Illinois on
Q: company name being used in another state by another company

my company name in Illinois is also the name of a company in another state. any recourse?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 25, 2023

The issue is the infringement of a trade name. Is your name registered with the USPTO? or anywhere? Is their name registered? If not, you need to get registered, if possible. There are some issues. However, there are some claims for rights that are common law. You may need a legal consultation.... View 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... View More

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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Sep 10, 2022

Note that I am not licensed in Illinois, and that none of the answers to questions in this forum should be considered legal advice.

You may need a license from the company that owns the patent and any other intellectual property rights, but maybe not if you simply buy the other...
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1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: What do u need to start a compay? What’s a LLC and how can u get one

What would I need in order to open a taco truck and sell food.

David Luther Woodward
David Luther Woodward
answered on Aug 26, 2022

The first thing you need is a lawyer. You need a lawyer that represents small business who can guide you through the hurdles of setting up an LLC, obtaining permits and licenses, and all the stuff that goes along with being in business.

Good Luck

d

1 Answer | Asked in Banking and Business Law for Illinois on
Q: trying to make a determination on corp account escrow or not

We are hiring truck drivers for our company and want to hold $125 week out of their pay (for repairs or abandonment) until they hit $1,000- $3,000k. Would this have to be in a escrow account? The money will be in the account for the duration of their employment.

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Aug 11, 2022

Corp account escrow or not? Can you provide some details on the issue?

1 Answer | Asked in Business Law for Illinois on
Q: What are the facts before the initial lawsuit was filled What are the issues of law The courts ruling and holding

Was the court ruling correct or incorrect

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Aug 2, 2022

Good day, thank you for sending us the question but can you give us more specifics?

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Illinois on
Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.

The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.

Neither of us were paid employees or hired to create our own designs... View More

Jonathon Maddox
Jonathon Maddox
answered on Feb 2, 2022

There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs.... View More

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Rights for Illinois on
Q: I started a nail salon with someone. She didn’t have money to start it so I let her borrow from me but we didn’t make a

We didn’t make a contract. We worked for a month and a half now but we fell into a disagreement and she left and won’t respond to my calls. I’ve been working alone without even paying myself. How do I proceed from here when she won’t respond to any of my messages and calls.

Timothy Denison
Timothy Denison
answered on Jan 26, 2022

If there’s no agreement, just move forward as if the salon is yours. She has no interest since she provided no investment.

1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: Can I change the name of my current LLC and later reopen a new LLC with my current name?

Can I change the name of my current LLC and later reopen a new LLC with my current name? Or would the name be unavailable? Example: changing my current LLC named "Blue" (that sells clothes) into a new name "red" (and be a completely different business model). In a couple years... View More

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 2, 2021

The simple answer is "Yes", as long as that name is still available and no one else has taken it. Once you change the name from Red to Blue, the name Red will be available and someone else might take it. Some states allow you to reserve a company name for a fee. For instance, Delaware... View More

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... View More

Charles Candiano
Charles Candiano
answered on Oct 12, 2021

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied...
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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Illinois on
Q: What does the law 15 usc 1662 b translate to? does it mean that I am not required to put a down payment?
T. J. Jesky
T. J. Jesky
answered on Oct 11, 2021

Short answer: No. The reg states that no advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state that a specified down payment, by the creditor who advertises his services.

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
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2 Answers | Asked in Employment Law, Estate Planning and Business Law for Illinois on
Q: Can I list a specific chapter of a fraternity as a beneficiary on a 401K?

I'm opening a 401k with my new employer and want to know if I can list my former fraternity's chapter specifically as my beneficiary or not. Assume that there will be no spouse in the picture and that the beneficiary will be updated if there is.

Charles E. Hutchinson
Charles E. Hutchinson
answered on Sep 13, 2021

I would NOT list your fraternity as a beneficiary to your 401K, but rather make other arrangements in your estate plan. As to if you can name a specific chapter in your fraternity - that could depend on the fraternity, so I cannot give you a good answer on that, you would need to speak to them.... View More

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2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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