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Questions Answered by Paul J. Riviere

1 Answer | Asked in Business Law for New Jersey on

Q: I recently opened a business with 2 other partners, they are husband and wife. We each own 33% of the company.

We don’t have a partnership agreement. The 2 partners are making decisions without my approval and I don’t trust them. How do I stop them? The business is a franchise and is doing well. They want me out now that it is profitable but this was my business idea and I’m not willing to sell my... Read more »

Paul J. Riviere answered on May 20, 2019

You have to get counsel and get them to the table to put together an agreement going forward. If they are not acting within their fiduciary duties (duty of loyalty and the duty of care) to you, you may have to go to court to get this accomplished. Spend some money now to avoid spending much more... Read more »

3 Answers | Asked in Business Law for New Jersey on

Q: Business started in England, but now expanding - how do we set it up in New Jersey?

Paul J. Riviere answered on Dec 14, 2018

Simple answer is that you are required to register your foreign company with the state of New Jersey if your business is transacting business here in New Jersey. Speak to an attorney to get the details specific to your needs.

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2 Answers | Asked in Business Law for New Jersey on

Q: what was requirement to desolve a corporation in 1998 in new jersey

Paul J. Riviere answered on Nov 30, 2018

If it was an LLC then it is not a complex process. An LLC formed prior to March 20, 2013 may simply be canceled (closed). This takes place by filing the required cancellation form with the New Jersey Department of Treasury. You will also, need to file tax returns and pay any outstanding taxes due... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on

Q: I own a duplex under under a one family deed withmy bro he has moved and wants to sell as a condo can I put up a fence?

He has told me he can sell his half as a condo, but I was a mortgage processor and has basic knowledge. I do not want my yard as commom space. I have 2 large dogs and would like a fence for safety purposes as well as privacy, can I legally do this?

Paul J. Riviere answered on Apr 13, 2018

First it needs to be converted to a condo. A survey is done to define the private and common areas, set designated parking spaces and storage areas for each owner. A master deed and by-laws must be drawn up and recorded. These are legal documents prepared by an experienced real estate lawyer. The... Read more »

2 Answers | Asked in Workers' Compensation for New Jersey on

Q: IN NJ does a corp with the 2 owners (husband & wife) being the only employees need workers comp insurance by law?

Specifically the question is about a S-Corp Incorporated in NJ.

Business is operated in NJ.

Husband and Wife are the only Owners, Shareholders, Officers, Directors, and Employees.

Paul J. Riviere answered on Apr 10, 2018

All partnerships and limited liability companies (LLC's) operating in New Jersey must maintain workers' compensation insurance or be approved for self-insurance so long as any one or more individuals, excluding partners or members of the LLC, perform services for the partnership or LLC, for prior,... Read more »

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1 Answer | Asked in Child Custody, Family Law and Child Support for New Jersey on

Q: Can a father voluntary give up his parental rights in NJ, giving sole custody to the mother, if both parties agree?

Can the father give up his rights prior to the child being born if both parties agree and mother does not need financial assistance of any kind? The parties are not married and are no longer in a relationship. The father has not been involved or shown any interest in being involved in the child's... Read more »

Paul J. Riviere answered on Apr 6, 2018

Without someone waiting to step into the father's shoes and adopt the child, the father cannot just walk away from his legal ties to the child or his obligation to pay child support. However, with the help of an attorney the parties can have a Consent Order prepared giving the mother sole custody... Read more »

2 Answers | Asked in Child Custody for New Jersey on

Q: Am I required to request permission from the court to relocate out of state if minor child was born/raised elsewhere?

Re: NJ Statute Title 9, Section 9:2-2 , which dictates "...have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent...". We've only lived here for 3+ years. She lived in NC for the first 6 years of her life, and I am now graduating from... Read more »

Paul J. Riviere answered on Apr 6, 2018

Either you need need to seek permission from the Court, unless you have written permission from the other parent in order to move out of State. Get a lawyer to secure the proper permission.

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on

Q: If someone said you had a tazer and they didn’t find one upon your arrest can they convict you?

If that person was your partner and wants to drop all charges even the state picks it up how long will it takes for you too see your partner after they want to dismiss charges on you?

Paul J. Riviere answered on Apr 6, 2018

No one can be convicted until they plea guilty or a jury or judge finds them guilty. Sounds like the State's only witness is one that doesn't want to testify against you. In my opinion unless a police officer observed you with the weapon, the State doesn't have much a case. You and your partner... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on

Q: I signed a 1 yr lease on a NJhome for occupancy May 1st, security deposits cashed. LL now states she has new offer

LL states she has new offer for $3000/yr more & 2 yr contract. I signed for advertised price. Is this legal to void my lease after our signed contract? LL is a real estate agent/owner of property

Paul J. Riviere answered on Apr 6, 2018

Absent an agreement in the Lease to the contrary, a Tenant is entitled to an award for damages upon breach of the Landlord duty to deliver possession and also has the right to terminate the Lease. Talk to an attorney. Question really boils down to are you willing to pay money for an attorney and if... Read more »

1 Answer | Asked in Business Law, Contracts and Consumer Law for New Jersey on

Q: I feel a small used car company intentionally made changes to a contract without my knowing. I want to know if its Legal

I was on the phone with car insurance when they had my girlfriend sign papers that I was unaware of. I asked for a copy of the papers and they told me they would email the papers to me. When I received the paperwork, my name was crossed out as owner and my girlfriends name was written in. On the... Read more »

Paul J. Riviere answered on Apr 6, 2018

Put simply, if someone signs a contract without the party’s consent, the party is not bound by that signature or document because the signature does not manifest the intent to be bound by it. Talk a lawyer about your transaction.

3 Answers | Asked in Probate for New Jersey on

Q: What are my rights, under NJ probate law, as a beneficiary to get inheritance check from executor?

My Aunt passed in 2016 and her will was filed in the County of Monmouth, NJ. After her death, to my surprise, I learned from my cousin, she bequeathed me a lump sum cash legacy. My cousin, her son, is the executor and only other beneficiary named in will. My cousin has been telling me I had to wait... Read more »

Paul J. Riviere answered on Apr 6, 2018

Within 60 days of the date of probate, an executor is required to mail a written notice to all named beneficiaries stating that the will was probated, so the executor ran afoul of this requirement by your account of the matter. The deceased person’s spouse, heirs and next of kin also are entitled... Read more »

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2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on

Q: Can I leave my assets to my [non-existing] grandchildren, i.e. in perpetuity either through trust and/or will?

Paul J. Riviere answered on Apr 6, 2018

A grandparent whose will names grandchildren as beneficiaries can add a similar provision referring to future grandchildren. However, if part of that estate is real property the rule against perpetuity comes into play. Speak to a lawyer and work through an estate plan that fits your needs.

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2 Answers | Asked in Legal Malpractice for New Jersey on

Q: My lawyer misrepresented his abilities to handle family law. I am financially struggling and cant get a new one. Help.

For every question, email or text I am billed. When I preformed his paralegal work in preparing my own case, I was charged for him reviewing common case law. I can't afford a new large retainer and his mistakes and lack of knowledge are costing me.

Paul J. Riviere answered on Apr 6, 2018

It is not uncommon for people to change lawyers in the course of their divorce proceedings. If you do not feel comfortable with your current lawyer perhaps that is what you need to do. Get a second opinion. However, the next attorney will bill for their time as well.

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2 Answers | Asked in Business Law, Agricultural Law and Gov & Administrative Law for New Jersey on

Q: Can a Brewpub in NJ sell beer online?

Can a Brewpub in NJ that holds a plenary retail consumption license and restricted brewery license sell beer online via their website?

(N.J.A.C. 13:2-35.1, et seq .) These sales of package goods, however, may only take place from the principal public barroom

Many online services... Read more »

Paul J. Riviere answered on Nov 20, 2017

No. Only wine. With the the necessary license.

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1 Answer | Asked in Business Law, Gov & Administrative Law and Agricultural Law for New Jersey on

Q: Can a NJ establishment that holds a plenary retail consumption license and restricted brewery license ship to consumers?

I am in the process of purchasing a location that holds a plenary retail consumption license and restricted brewery license in NJ

I have a few quick questions I am hoping you can help me with to ensure compliance:

1) Will I be able to sell beer that is brewed by another brewery?... Read more »

Paul J. Riviere answered on Nov 20, 2017

Plenary Retail Consumption License ("33")?

This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales of package...
Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on

Q: What types of psychological injuries are covered by workers' comp laws?

Paul J. Riviere answered on Nov 2, 2017

Both accidental injury or an occupational disease resulting from stressful working conditions may be compensable. Generally, the working conditions must be stressful; when viewed objectively, the stressful working conditions must be peculiar (not just common to everyone) to a particular work... Read more »

2 Answers | Asked in Business Law for New Jersey on

Q: My partner made a bad decision on behalf of our business and

now I'm being told I'm personally on the hook for it - is there any way out of this?

Paul J. Riviere answered on Nov 2, 2017

Depends on your structure. Were you formed as an GP, LP or LLP. If you were a general partner, then yes you may be on the hook. Get in touch with a Lawyer who knows business law. They will be able to look over your structure and governing documents to determine what your exposure is or isn't.

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1 Answer | Asked in Business Law for New Jersey on

Q: How should equity be divided among co-founders of a start-up?

Paul J. Riviere answered on Oct 20, 2017

Your question is not so much legal and more so a business decision. Perhaps it will be Pro rata to the initial Capital contributions or investment of each stakeholder? Perhaps it will be structured where one partner or member putting up all the cash and the other partner contributing Sweat Equity?... Read more »

3 Answers | Asked in Bankruptcy and Business Law for New Jersey on

Q: So with some consultation beforehand and coming to court with me for this one lawsuit would cost me about $2500?

Paul J. Riviere answered on Sep 27, 2017

Your question is unanswerable in its current form. Unless your are getting quoted a flat fee for representation in the lawsuit it is impossible to say that it will cost $2500.00. What are you getting sued for? Are experts going to be required? How many parties are involved? Is it in federal court... Read more »

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