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Indiana Business Law Questions & Answers
1 Answer | Asked in Business Law for Indiana on
Q: Is your llc prohibited to work with a nonprofit if you sit on their board?
Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Mar 10, 2022

Not necessarily, but it is an area of concern. It creates a conflict of interest on the board of directors that must be handled appropriately. The conflict needs to be disclosed to the rest of the board, and the arrangement needs to be approved by the remaining disinterested directors or by a... View More

1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for Indiana on
Q: There are references like "As added by P.L.14-1992, SEC.163." in IC. What does this mean and where can I find the text

Searching old Indiana Code and can't find anything. Example - IC 28-13-10-1 references the above. IC 28-7-1-16(d) and IC 28-13-10-1(b) are similar except the latter states "Unless the articles of incorporation or bylaws provide otherwise...." I need to find which IC controls, if... View More

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Mar 8, 2022

What does that mean? Once a bill is passesd by the General Assembly, it is called a Public Law and assigned a number. P.L. 14-1992 Sec. 163 refers to Section 163 of Public Law 14 signed by the Governor in 1992, but that's about all you can tell from the number. Public Laws are difficult to... View More

2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... View More

1 Answer | Asked in Business Law for Indiana on
Q: I wanna get a degree in corporate law but I don’t know what steps to take to achieve could you help?

I’m a freshman in high school

Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

A degree in law is known as a JD degree (Juris Doctor degree). In order to get a JD degree, you need to go to law school. First, you need to complete a bachelors degree, which can be in just about any area of study. Common areas of study are philosophy, political science, economics, history,... View More

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... View More

Timothy Denison
Timothy Denison
answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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1 Answer | Asked in Copyright and Business Law for Indiana on
Q: Can the word supercalifragilisticexpialidocious be used as part of my logo.

Can I say Mary Poppings. Where everything is supercalifragilisticexpialidocious.

Kathryn Perales
Kathryn Perales
answered on Jan 28, 2021

You can probably say supercalifragilisticexpialidocious - it does not appear to be registered to anyone. You probably could even register it.

"Mary Poppings" is more problematic - Disney has the "Mary Poppins" mark registered for some goods and services, and they...
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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

1 Answer | Asked in Business Law for Indiana on
Q: Can we legally give cards to our neighbors that say like a good neighbor (business name) is there?

We wanted to hand out gift baskets to our neighbor offices and were not sure if it was copyright infringement ?

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2020

You're correct that this is a business law matter, but your post remains open for four weeks. There's no guarantee all posts are picked up, but you might have better chances of a response if you reposted and added Copyright and Trademark as categories. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Health Care Law for Indiana on
Q: Can a local health department determine hours of operation on a define set of business and exclude others?
Tim Akpinar
Tim Akpinar
answered on Sep 5, 2020

An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could... View More

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can my husband sue for breach of contract and possible discrimination?

Last year my husband signed a 2 year painting contract with a possible 2 more years of work with a retirement facility. According to my husband in the contract it states if they choose to let him go they need to give him 3 months notice. As of now we can't find the contract, but he believes... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2020

An Indiana attorney could advise best, but your question remains open for two weeks. Anyone can bring a lawsuit. But it would be useful to have the contract beforehand. A reputable attorney would want to see the contract to determine if there was a breach, and to also make certain there... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Indiana on
Q: Is it legal to use art for commercial use from a minor, if said art was bought as a comission?

We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... View More

Barbara Berschler
Barbara Berschler
answered on May 17, 2020

When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.

Because a minor is involved, you need to tread carefully. Minors are not...
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1 Answer | Asked in Business Law and Civil Rights for Indiana on
Q: I own a small hair salon in Indiana a client is refusing to wear a mask saying that she’s protected by the ADA because

Of childhood trauma she says I cannot refuse her service is this true when in Indiana you are required to wear a mask in public and in businesses

James Avery
James Avery
answered on May 4, 2020

I don’t believe any small private business is subject to civil rights liability under ADA. Call Office of Civil Rights to confirm.

1 Answer | Asked in Business Law for Indiana on
Q: I am being fired from my job on April 17th. They say its because of a merger that happened over a year ago.

I believe it is because we are not busy now because of covid 19 and need less ppl now. They will not let me collect the extra 600 from the government this way.

Paul Stanko
Paul Stanko
answered on Apr 19, 2020

Indiana is an employment at will state. Generally speaking, you can be let go without cause. You should consult an employment lawyer to see if there is an exception in your case.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Business Law for Indiana on
Q: Can I sue someone for buying things in my name and bankrupting my business?

I recently started a company with around $80K of my own money as a 65% partner. The partner of 25% bought things in the company name and my personal name without my approval saying she paid for these only to find out months later they haven't been paid for and they're in my name. I have... View More

Timothy Denison
Timothy Denison
answered on Dec 30, 2019

Yes. You should contact a business litigation attorney to evaluate the situation, including determining whether there are any assets to pursue.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Does a non-punitive reduction in sales commission invalidate a non-compete agreement?

Hiring offer included base salary plus sales commission for working at a retail store. After one year I was asked to assume all the same duties for two stores. Employer reduced my total commission at each store because "it gives you a disproportionate amount of total commission". My... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 24, 2019

Without seeing your entire employment contract I would think not; however, both the rate of pay and the amount of commission should be included--and is so, this change has violated the contract. So, if you still want to work there I advise you to object to the lowering of your remuneration and... View More

1 Answer | Asked in Business Law and Environmental for Indiana on
Q: Is it unlawful to place church invitations on doors in Indianapolis Indiana?

We are not selling anything, but rather just inviting others to our church services and or events... such as a free carnival for the entire community.

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2019

In the past, it would have been no big deal. However, some communities and associations have rules prohibiting flyers, brochures, or similar materials. It could be worthwhile to confirm there are no local rules against it. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... View More

1 Answer | Asked in Real Estate Law, Banking and Business Law for Indiana on
Q: Offer on home in Indiana. The seller won't sell unless the buyer of my home has a local mortgage lender. Is it legal?

I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 18, 2019

This question does not make sense.

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