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Maryland Business Law Questions & Answers
1 Answer | Asked in Immigration Law and Business Law for Maryland on
Q: My question to you is; since I've never paid taxes before nor am I eligible for a SSN, what do you recommend I do?

I have a unique case under my belt. Perhaps you've worked with people in a similar situation before, but I'm an A2 visa holder (under my father's contract) and I'm looking to purchase an online E-commerce business that has gone for sale for $4 million. It's an extremely... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 30, 2021

Such an endeavor and investment warrants the retaining of an experienced immigration attorney. There are a few possibilities and you should discuss them with a qualified attorney.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Maryland on
Q: Hello, I am looking into getting a few vending machines that might span a few counties in MD, and I can't find answers

on what will be required. The state site does not help any either. I am military if that helps with anything. Thank you in advance.

Mark Oakley
Mark Oakley answered on Jul 15, 2021

A vending machine license is not required if the following items are offered for sale:

Cigarettes - (Special laws govern the sales of cigarettes through a vending machine. For more information, contact the State License Bureau or the Clerk of the Circuit Court in the county in which the...
Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: If I self-publish a book and want to sell it, what do I need to do? If I need a license, then what kind?

Will I need to establish a small business.

If so, which is most economical, a sole proprietorship or partnership.

Who do I need to talk to?

Rolanzo Richard White
Rolanzo Richard White answered on Jun 2, 2021

You do not need to establish a business to self publish a book, but there are several advantages to to doing so. For instance, you can deduct businesses expenses you may have incurred in making your book from your tax liability.

Sole proprietorships, partnerships, and LLCs each have...
Read more »

1 Answer | Asked in Business Law for Maryland on
Q: What will it cost to file articles of conversion and articles of incorporation in md
Mark Oakley
Mark Oakley answered on Apr 1, 2021

The filing fees are listed on the SDAT website, and the amount depends on whether you mail the filings in (which can take two to four weeks to get filed that way) or by electronic filing over the internet portal, which happens within a day. The fee doubles to do the internet portal filing. Legal... Read more »

1 Answer | Asked in Business Law and Health Care Law for Maryland on
Q: Can I be held liable for a dental bill when correct amounts were not initially disclosed or signed for?

My dentist office continuously provided procedures under the pretense that they would be covered by my insurance. I have now discovered that I hit my spending limit, despite asking the office multiple times if I was coming up on it. They are now holding me accountable for out of pocket costs that I... Read more »

Mark Oakley
Mark Oakley answered on Mar 30, 2021

Unless you can show a knowing and intentional act on the part of the dental office to fraudulently trick you into dental services they knew were not covered by your insurance plan, and you clearly and unequivocally communicated to them that you would only accept the procedures if they confirmed... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: hello what rights do I have as a business owner if my partner is trying to force me out.

I invested $60,000 in a restaurant and my partner wants to force a buy out at $42000. I don't have access to the business records and I want to force this. I don't want to get bought out now either.


Davin Van Eyken
Davin Van Eyken answered on Mar 29, 2021

No you cannot be forced out without a court order mandating that course of action.

1 Answer | Asked in Business Law for Maryland on
Q: With “Rent to own” financing where breach occurred, is Confessed Judgment in lieu of Sm Claims complaint ok?
Mark Oakley
Mark Oakley answered on Mar 26, 2021

Until the tenant exercises the option to buy, and converts the lease into a sales contract, the tenant remains a tenant and the owner remains a landlord, and the remedies for breach are governed by the landlord tenant laws. There may even be a gray area between exercise of the option and actually... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Formation and Business Law for Maryland on
Q: Are there any license requirements to become a ship chandler?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

Ship chandler is a term that's used more loosely than traditional seagoing slots for which licensing credentialing is clear, such as second engineer for first officer. If the employer has any kind of requirement to maintain merchant marine credentialing, information on seagoing credentialing... Read more »

2 Answers | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Maryland on
Q: Can I receive settlements from businesses?

I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 3, 2021

You need to retain local counsel to set up the right corporate entities for you, then have an intellectual property attorney set up the appropriate protections for you. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... Read more »

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1 Answer | Asked in Business Formation, Business Law, Copyright and Gaming for Maryland on
Q: Can you re-sell custom painted video game controllers as a legal business?
Mark Oakley
Mark Oakley answered on Feb 17, 2021

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: In Maryland can you sue for attorney fees if its not specifically written in the contract that you can ?

If its is with a commercial entity is there a exception?

Mark Oakley
Mark Oakley answered on Jan 22, 2021

You can only request attorney's fees if (1) it's specifically provided for in the contract; or (2) there is a statutory cause of action that provides for a claim of attorney's fees. So, it sounds as though you do not have a contractual basis. However, perhaps there is a statutory... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: Can a pawn shop lie about the value of the item I’m selling them, and then sell it for 3x the amount?!

I sold a computer to a pawnshop that said AT MOST they could sell it for 1200, so they gave me 650. I just saw the computer listed, and sold by them, for 2200. They deliberately lied to me, and undervalued my product.

Mark Oakley
Mark Oakley answered on Jan 17, 2021

You do not have a claim for this. The buyer/pawn shop has no duty to tell the truth about what they believe the value of your property is worth. As the owner and seller, you should know or be capable of researching the fair market value of your property before you sell it. Also, pawn shops are... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: I am president of the corp I am trying to revive. I can not get in touch with the sec or treasure. can I sign both line

or do I sign under paragraph B as lesser of a majority?

Mark Oakley
Mark Oakley answered on Dec 8, 2020

Who owns the company? If you are majority or sole owner, you can vote a new board of directors and install new officers, or if you are president and are not directly constrained by the by-laws or shareholders agreement from doing so you can fire the Vice President, Secretary and Treasurer or any... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: I am trying to start a business
Mark Oakley
Mark Oakley answered on Dec 5, 2020

This is great news. If you should have any need for legal counsel, be sure to look up a lawyer in your area experienced in business law.

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Maryland on
Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... Read more »

1 Answer | Asked in Business Law and Copyright for Maryland on
Q: If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue?

If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue? I looked online and saw a lot of different opinions.

My first thought is always “what are the copyright implications”? These memes do not have signatures and I have no... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

That is a very interesting question. It is very likely a minefield.

You need to consult with an attorney for guidance and strategies to mitigate (can never bring to zero) your risk.

Also consult with an insurance agency specializing in copyright coverage. They can make an assessment...
Read more »

1 Answer | Asked in Business Law for Maryland on
Q: How do I know if my company is a close corporation? It was incorporated in Maryland with 2 shareholders.

The article of incorporation makes no reference to its being a close corporation.

Mark Oakley
Mark Oakley answered on Aug 17, 2020

Then likely it is not a close corporation. You can check SDAT entity filings, as the company should be designated as a close corporation, and the articles of incorporation are required to state that the company elects that status. If there is not a clear and unambiguous statement to that effect,... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: independent contractor and believe I may need lawyer services to assist with reviewing my documents. Can you he

Do you offer pro bono for this?

Tim Akpinar
Tim Akpinar answered on Aug 4, 2020

A Maryland attorney could advise best, but your question remains open for two weeks. You could use the Find-a-Lawyer tab above or search for attorneys on your own. But many of the attorneys and organizations that offer pro bono services usually do it based on financial need in areas such as... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: Can I sue CPA for business agreement negligence.

i sold business on monthly payment now buyer stop payment and close account. When i check my legal document I missing the" promissory note". In bill of sale and agreement it doesn't mention by CPA , when happens, if buyer refused to make a payment. CPA told me my only option is the... Read more »

Mark Oakley
Mark Oakley answered on Jul 29, 2020

You cannot sue for negligence. This is a breach of contract. You didn’t use a lawyer, apparently, for this transaction. If your CPA provided the sales contract for this transaction then he was engaged in the unauthorized practice of law, which is another matter altogether. Take your documents to... Read more »

1 Answer | Asked in Business Law and Small Claims for Maryland on
Q: I sold my business for monthly payment. now buyer stop check and closed bank account.buyer negotiate for less amount.

I am seller of business and sold to Buyer for 30k and we agree on 10k monthly payment.payment was $1000 every month but after 2 payments, buyer stop payment and also closed bank account. now buyer wants to negotiate the balance for 6k for 8k (one time payment). I still have those 10 checks... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

The buyer is in breach. Sue for the amount owed on the purchase contract.

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