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Questions Answered by D. Alex Onstott
1 Answer | Asked in Securities Law for Louisiana on
Q: Found 2 original stock certificates in grandfather’s bank box . Co. is not publically traded. Son now runs the business.

Does the present co. run by son have an obligation to honor stock certificates from 1963? This is a garment mfg. concern in CA that must have done business with my family’s garment mfg. concern in Louisiana and paid in stock shares. The son purchased or inherited the garment concern from father-... Read more »

D. Alex Onstott
D. Alex Onstott answered on Sep 13, 2018

Securities law is very complex and fact specific. The easiest way to figure out the current status of the shares is to simply contact the company and ask. Without seeing the stock papers, knowing the company's position on the stock, and reviewing the current and historical operating agreements, it... Read more »

1 Answer | Asked in Business Formation for Louisiana on
Q: I formed an LLC in Louisiana, but I'm planning to drop the LLC for the business. Do I need to file a DBA with the state?

After forming the LLC, I was planning on forming a DBA to drop the LLC from the business name. Example of that "Bob Building LLC" as the corporate name and "Bob Building" as the business name. However, when I go to apply for a DBA under "Bob Building", the state of Louisiana won't let me form a DBA... Read more »

D. Alex Onstott
D. Alex Onstott answered on Sep 13, 2018

Depending on your usage need, you are generally allowed to use the registered business name with or without the "LLC," without filing a DBA. The DBA is typically used when a substantially different name is used in commerce than the business's legal name, or when an entity, typically banks or the... Read more »

1 Answer | Asked in Business Law for Louisiana on
Q: What are my rights ??

I provided a cleaning service in a persons property, They are now claiming an hour after I left the property that I must have broke an electronic but in no way could I have damaged it? what are each of our rights? I am a new business owner vs a 30 yr business owner dealing with these types of... Read more »

D. Alex Onstott
D. Alex Onstott answered on Aug 29, 2018

Don't panic! Disputes like this one are very common in all businesses, and more oftentimes they are settled without the need for expensive litigation. Typically these types of claims are handled by your insurance, who will provide legal defense and indemnification (payment of your damages) on... Read more »

1 Answer | Asked in Business Law for Louisiana on
Q: If a phone conversation was recorded without your knowledge, though Legal, can it be made public or are there rules?
D. Alex Onstott
D. Alex Onstott answered on Aug 29, 2018

There is no easy way to answer this question without knowing the content of the conversation and the method by which it was "made public". However, I can say that there are rules. There are rules based on the First Amendment; there are rules based on contract; there are rules that based on statute;... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: Is lease still valid if no guarantor signed yet

Your Question:edit text

I partially signed a lease, but I didn’t have a guarantor. I didn’t want to stay in apartments anymore. I want to know, can this lease still be valid. Also my roommates signed for the same apartment unit and their rent is $550. When I talk to them about not... Read more »

D. Alex Onstott
D. Alex Onstott answered on Aug 28, 2018

The answer depends on the exact language of your lease. However, generally, when you sign a document, you are agreeing to its terms. A guarantor is typically required by the lessor; and provisions of a contract which exist to protect the lessor may not be relied upon by the lessee to invalidate the... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: A contract between two family members with two witness signatures is that legal paper without a notary stamp
D. Alex Onstott
D. Alex Onstott answered on Aug 28, 2018

As with most legal questions, the devil is in the details when it comes to contract validity.

Most contracts don't require notarization or witnesses, nor do they need to be written, in order to have effect. Writing your agreement is almost always advisable, since it memorializes the...
Read more »

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