Questions Answered by Paul J. Riviere

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

3 Answers | Asked in Business Law for New Jersey on
Answered on Dec 14, 2018
Paul J. Riviere's answer
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.

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

2 Answers | Asked in Business Law for New Jersey on
Answered on Nov 30, 2018
Paul J. Riviere's answer
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 as a result of the LLC’s operations up to the date of its formal cancellation. Dissolving another form of Corporation is more in depth.

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?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 13, 2018
Paul J. Riviere's answer
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 documents will define the individual areas of property ownership, and the "common areas" of ownership.

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

2 Answers | Asked in Workers' Compensation for New Jersey on
Answered on Apr 10, 2018
Paul J. Riviere's answer
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, current or anticipated financial consideration. So if both of you are members, no.

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

1 Answer | Asked in Child Custody, Family Law and Child Support for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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 of the child. Father is still legally obligated to pay child support.

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

2 Answers | Asked in Child Custody for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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.

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

1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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 need an attorney to deal with this case.

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

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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 you have any damages as a result of the breach.

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

1 Answer | Asked in Business Law, Contracts and Consumer Law for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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.

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

3 Answers | Asked in Probate for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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 to receive this notice.

Time to settle the will is must be done as expeditiously and efficiently as is consistent with the best interests of the estate. Demand an accounting so you can see...

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

2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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.

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

2 Answers | Asked in Legal Malpractice for New Jersey on
Answered on Apr 6, 2018
Paul J. Riviere's answer
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.

Q: Can a Brewpub in NJ sell beer online?

2 Answers | Asked in Business Law, Agricultural Law and Gov & Administrative Law for New Jersey on
Answered on Nov 20, 2017
Paul J. Riviere's answer
No. Only wine. With the the necessary license.

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

1 Answer | Asked in Business Law, Gov & Administrative Law and Agricultural Law for New Jersey on
Answered on Nov 20, 2017
Paul J. Riviere's answer
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 goods, however, may only take place from the principal public barroom, and the package goods may only be displayed for sale on the premises' perimeter walls or behind the bar, unless a floor plan was...

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

1 Answer | Asked in Workers' Compensation for New Jersey on
Answered on Nov 2, 2017
Paul J. Riviere's answer
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 place; and there must be objective evidence supporting the medical opinion finding a resulting psychiatric disability. PTSD after witnessing a traumatic event at work is one example of a psychiatric...

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

2 Answers | Asked in Business Law for New Jersey on
Answered on Nov 2, 2017
Paul J. Riviere's answer
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.

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

1 Answer | Asked in Business Law for New Jersey on
Answered on Oct 20, 2017
Paul J. Riviere's answer
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? However you decide to determine the stakeholders interest it is important that you have an attorney draft a shareholders agreement, operating agreement, or partnership agreement which memorializes...

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

3 Answers | Asked in Bankruptcy and Business Law for New Jersey on
Answered on Sep 27, 2017
Paul J. Riviere's answer
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 or state court? These are some of the factors that will determine how much this lawsuit will end up costing you.

Q: Do I get paid my regular wage while I'm out on workers comp?

1 Answer | Asked in Workers' Compensation for New Jersey on
Answered on Sep 21, 2017
Paul J. Riviere's answer
You will get 70% of your wages if it doesn't go above the cap. You need to have an attorney file a claim petition and possible motion for temp wage benefits if your not already getting them.

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