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I recently sold my restaurant and the new owner renewed my alcohol license without my knowledge or permission. What legal avenues do I have?
answered on Apr 7, 2017
It is fraud if he renewed it in your name. He should have transferred it into his name.
1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my... View More 
answered on Apr 7, 2017
It would be better to have the name of the corporation the same as the trademark for the business like McDonalds. If you have multiple locations the manner of structuring the different units will depend on the nature of the locations, e.g. franchises or second locations operated by the same company... View More
I'm co signed on the account but I see he's spent $1000s on personal items.
answered on Apr 7, 2017
First change the checking account to 2 signatures. cancel all debit cards. Then confront your partner and work the controversy out. If you cannot resolve it then you need to sue him and dissolve the business.
I am forming a company and going to be doing business in the car repair business. My question is..when it comes to using a name is it the company name that gets trademarked or registered so that no one can use it? Or is it the business name(DBA)? Will I have to get the company name checked in the... View More
answered on Apr 7, 2017
You are confusing a company name with a Trademark. You can trademark a company name if it is unique enough. You have to demonstrate it is being use uniquely and for that business purpose. Filing your company name or d/b/a will only have limited protections to you within your state or local... View More
The other business has been operating under the publics belief that they are just a biographically located second location of the original business. The original being in the city for 56 year the other 20+ due to it being the original families second location. The staff; knowing that the... View More
answered on Apr 6, 2017
More information is needed to answer your question. The first question is who owns the first location now and is it owned by a company (Corporation, LLC)? The second question is who owns the second location and was the use of the name consented to by the owners of the first place. You need to... View More
answered on Apr 6, 2017
The only thing you can do is contact a local attorney and sue them for wrongful discharge. Minority shareholders who are also employees frequently have a right to continued employment. It will depend upon the agreement you signed when you acquired your shares or the basis upon the shares were... View More
3 equal buyers sister set up as account holder. Runs through her SS#
answered on Apr 5, 2017
You should form a partnership in a simple way. Get a FEIN for the Partnership and open an account for the partnership. Put the property in the name of the partnership and file a partnership return for the 3 of you each year.
If you do not want to do that, then the property should be held... View More
We are a California based company in business of food supplement. We are negotiating a private label brand for generic hormone with FDA approved facility in Colombia to market it in the middle east area.( outside the USA). Do we need any permits or license to do that?
answered on Apr 4, 2017
This is a rather sophisticated question. Almost every country in the Middle East has its own regulations governing the importation and sale of goods including food or vitamin supplements. You need to determine what certifications and licenses are required for the goods to be allowed into the... View More
answered on Apr 4, 2017
Yes, as well as releases from the photographer. The tattoo artist may have a written consent from the customer if he has the pictures, ask them if they do and get a copy.
answered on Apr 2, 2017
The enforcement of non-competes is generally limited to a reasonable scope. Likewise, CA specifically as a matter of public policy holds that agreements in restraint of competition are to that extent void. Notwithstanding the general premise that non-competition agreements are invalid, specific... View More
my husband and I had a personal chapter 7 bankruptcy discharge in 2014. I own a small sole proprietorship and may possibly be sued, can I file another bankruptcy? we have no real assets except a small joint personal bank acct, can that be taken? we are in the state of pa
answered on Mar 31, 2017
No you cannot file a new bankruptcy. If the claim pre-dates your bankruptcy, you may be able to reopen the bankruptcy. You may be able to file a state receivership, a state form of bankruptcy but need to speak to local counsel. Those are usually handled by bankruptcy attorneys.
My problem is that the house they purchased is going to be used to sustain my sister-in-laws Home Health Care business. The whole process was kept secret from the 3 other siblings until after the purchase was completed. We also discovered that my sister-in-law had purchased a second Home Health... View More
answered on Mar 31, 2017
The first question is: Was the $300K a gift and if so did your mother file a gift tax return. If the answer is it is not a gift, then the second question is: Who owns the property and how is the property titled?
The easiest way to deal with this is for the Trust to change the terms of the... View More
answered on Mar 31, 2017
There are a variety of ways to handle the information depending upon whether there will be lay-offs or not. If some people are going to lose their jobs, then you need to prepare yourself and them for that event. If no one is being fired or laid-off, then the matter is much easier.... View More
I'm an EU citizen. I'm interested in trademarking a tagline for my UK company in the US. Does the company need to be registered in the US for me to apply for a trademark? And if so, is it necessary to be a US citizen to register a company in the US? I appreciate your assistance! Best regards!
answered on Mar 27, 2017
If you have registered the Trademark in the UK or the EU in the last 12 months you can file for a trademark in the USA using the international trademark agreements. Assuming the trademark has not been trademarked in the USA, it should not be a problem. Any UK Trademark Attorney or Trademark Agent... View More
Amendment to articles can only be achieved by way of special resolution (75%). But can a resolution be put forward at a meeting proposing these two changes i) a clause that future amendments of or alterations to the articles would be allowed by ordinary resolution, and
ii) a slight change... View More
answered on Mar 27, 2017
It would require the approval of the shareholders who own at least 75% of the outstanding shares.
I am a student from Belgium & I study law. I'm writing a thesis about the agency conflict between the controlling sharholder & the public company. The minority shareholders can get affected by the controlling shareholders, so I am comparing how the Belgian law deal with this issue... View More
answered on Mar 25, 2017
You need to research US Security Law and can start with Securities and Exchange Commission, West Law and LexusNexus if you have access in Belgium. You can also look at the Delaware Securities Laws as much of the Protection is based on state law of the state in which the corporation was formed and... View More
The company seems to be out of biz in NY and I can't find anyway to contact them to get what was paid for by my grandfather for a lifetime Warrenty. I dont know if the watch is even worth $$ or not but either way it's not working so if it is worth a decent amount of $ I can't sell it... View More
answered on Mar 25, 2017
File a complaint with the consumer protection division of the state of NY or the AG office of NY.
My boyfriend still lives with his mother because she can't afford living in the house by herself; however, she just sold the house while he is still living in it. Does he have any rights? Thank you
answered on Mar 25, 2017
No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.
He used false addresses for paperwork to be concealed. I need to get access to the properties that have now been sent to unclaimed property and money. I do not know the lawyer in charge of these two entities in Louisiana.
How can I can access before they illegally continue to misappropriate... View More
answered on Mar 25, 2017
I strongly suggest you hire an attorney and seek conservatorship of his estate.
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