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Colorado Business Law Questions & Answers
0 Answers | Asked in Criminal Law, Business Law, Federal Crimes and White Collar Crime for Colorado on
Q: Crime for package being sent but card declined?

Is it a crime if I ordered something on a website but my card didn't go through and the package was still delivered? For backstory I was placing an order for holiday gifts and the company shipped the items but my card declined due to my rent and other bills pulling out. I don't know what... View More

0 Answers | Asked in Business Law for Colorado on
Q: With pawn stores. If loan is extended is there a grace period before they can sell your things? Sold mine 4 day after?

Paid to extend loan over 6 months and missed an extension. Within 4 days after my payment was due they sold almost $1,000 worth of tools that I only received $120 for in the beginning. Paid over $200 in extensions and late one time. Sold in 4 days after they say it was due but I think it was less.... View More

1 Answer | Asked in Business Law for Colorado on
Q: Does Colorado govern the term of a board officer on a non profit board?
T. Augustus Claus
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answered on Oct 2, 2023

Colorado does have regulations for non-profit organizations, but the terms for board officers are often dictated by the organization's bylaws. It's crucial to consult the bylaws for guidance on term lengths and any restrictions or requirements.

1 Answer | Asked in Banking, Bankruptcy and Business Law for Colorado on
Q: I am in Colorado, can I declare bankruptcy for my business credit card without having my personal credit score affected?

I have a business credit card, and paying off this business credit card is going to take me years. I am okay with declaring bankruptcy on this business credit card and taking the hit to my business credit score as long as the following criteria are assured.

1: My personal credit score must... View More

Clark Dray
Clark Dray
answered on Jul 27, 2023

The most important element here is whether you personally guaranteed the business debt. If you did, the business bankruptcy won't wipe out your personal obligation to pay that debt. If the business is solely liable for the debt, which is very rare, there isn't any reason your personal... View More

2 Answers | Asked in Contracts, Business Law and Construction Law for Colorado on
Q: If a contractor takes a job, and realizing its too big for for one man to accomplish safely after work has started.

This is my first excavation job. Sewer line in alley was originally located 6' deep, ended up being damaged all the way to city tap which is 13' deep. After replacing the damaged pipe, encasing in concrete, backfilling, replaced roadbase, and asphault. A week later the utility company ran... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

A Colorado attorney could advise best, as you have state-specific construction and engineering codes in a project like this, but you posted two weeks ago. One option is for the job to be examined by someone with legal and technical experience with such project to explore options, determine the most... View More

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2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: How am I protected and is this something I should look into or is it too good to be true?

So a local small family owned business is asking for my help as a friend, they are offering a 50/50 partnership (technically less cause someone has a 25% share in their S-Corp business) for a cosign on a $30,000 loan that will save their business and bring it back into the green. They are offering... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2023

You can ask for collateral, like a stock pledge agreement, assignment of accounts, etc.

This type of transaction almost certainly requires an attorney to paper whatever deal is reached. The more complicated; the more it will cost.

3 Answers | Asked in Business Law for Colorado on
Q: What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
Andrew John Contiguglia
Andrew John Contiguglia
answered on Feb 1, 2023

Assuming you are insured, you should tender the complaint to your insurance company and open a claim. Depending on the type of policy you have, they will likely assign a defense attorney to defend the action on your company's behalf. If you are uninsured, you will be required to hire a defense... View More

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1 Answer | Asked in Business Law for Colorado on
Q: Hi I am a massage therapist. What if someone have my license and did someone bad with it. Will I responsible for someone

Will I be responsible for it ?

Like if they have a copy of my license and list it on their store and they did something illegal with it without my knowledge. Will I be responsible for it ?

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2023

A Colorado attorney could advise best, but your question remains open for two weeks. It could be a problem if someone walks in off the street and says that they relied upon the representation in the window that they were treated by a licensed professional. Good luck

2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: As an ind. contractor, do I cover the insurance for driving reps of a co I'm working for in a rental car or do they?

I am an independent contractor in marketing and being asked by a company I work for to drive their representatives around in a rental car at a trade expo in Las Vegas that we will all be attending. They are reimbursing me for the car rental, but said since I am an independent contractor, I would... View More

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2022

A Texas or Colorado attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific elements of law that might apply, independent contractors can usually set conditions as agreed, depending on the company.... View More

3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Nov 7, 2022

The LLC structure is a legally distinct entity in Colorado law. While some code sections and some tax regulations will refer to both businesses and regular people equally as a "person" the significance of the LLC is to create a legal distinction between the business and its owners.... View More

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2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... View More

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1 Answer | Asked in Business Law for Colorado on
Q: Can I use/sell the art I make using the Wonder AI art generator app? I don’t want to risk anything but want to use them.

The app is available on iOS and I paid for the pro version. I’ve tried reading the agreements again but can’t tell. I would like to possible sell the original images or create my own works of art using these images as references.

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 6, 2022

This is a generalized, public reply based on your question. It is not legal advice specific to your situation.

The Copyright Office addresses this question often. It recently came up in a February 2022 publication of the U.S. Copyright Office Review Board. If you have the time, do a web...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Colorado on
Q: Setting up a holding company to allow for 100% ownership of future locations

I am opening a brick and mortar location in CO, with investors lined up. Naturally, they will request some equity in the company.

How can I setup a situation where I end up owning the overall brand, so that several years from now I can open additional locations in other states and/or... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 2, 2022

While this reply is not legal advice specific to your situation, the following generalizations may be useful to anyone opening a business in Colorado under circumstances similar to yours.

Selecting a business structure is a key business decision. Business structures can be changed over the...
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2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... View More

Michael Joseph Larranaga
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answered on Aug 23, 2022

Afternoon,

If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.

In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without...
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1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
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answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

1 Answer | Asked in Real Estate Law and Business Law for Colorado on
Q: Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?

The business has no other assets sales or income.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 31, 2022

Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... View More

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Many businesses are creating "staffing agencies" to provide labor only to businesses they own - what are the advantages?

Working in workers' compensation in Colorado, we have noticed recently a large number of businesses creating "staffing agencies" where they provide labor only to their own businesses, not to other client companies (so technically not staffing for our purposes). We had never seen... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 21, 2022

Business strategists and corporate attorneys sometimes recommend wholly-owned staffing subsidiaries. A parent company will own several businesses of the same kind and own a staffing company. This business structure makes sense when there are multiple locations that all operate in substantially the... View More

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