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Indiana Business Law Questions & Answers
0 Answers | Asked in Business Formation, Business Law and Insurance Bad Faith for Indiana on
Q: My name is currently on a business with my ex, who is now trying to screw me over and take everything. What can I do?

Dog breeding business. I’ve taken care of the dogs, ON MY OWN, for two years. Up until the point of our breakup, then we found out one of our females were pregnant. I took care of her throughout her pregnancy. He took her from me and told me he would take care of her during the welping process,... Read more »

0 Answers | Asked in Employment Law and Business Law for Indiana on
Q: Can my employer demand I make-up on-call hours missed while on vacation?

If vacation time is wanted during time frame that would include an on-call rotation shift, my employer demands I make arrangements to have those on-call hours be covered by a co-worker then make up the time missed after returning from vacation. Is it my responsibility to make arrangements to find a... Read more »

0 Answers | Asked in Tax Law, Banking and Business Law for Indiana on
Q: Indexed Universal Life Insurance Policy Cheat??

If I got an Indexed Universal Life Insurance Policy would I be able to legally use a credit card to put money into the policy and then borrow against the policy to pay off the credit card; and then input money from the credit card into the policy again and then just repeating the process,... Read more »

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: I run a small business where i i use free fonts online for designs. While i was downloading a font today the file opened

Saying if using for commercial purposes you must buy license for use while it’s on a free platform and can be downloaded for free, my question is do i actually have to since this is a free font on a free platform or will i still be required to buy the license?

Matthew Morris
Matthew Morris
answered on Apr 16, 2022

The fact that a font is available for free online for some purposes does not mean that you can download and use it for free for other purposes. Fonts are considered to be a type of software. Just like other types of software, the person who programmed it can distribute it with license terms,... Read more »

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What forms must be submitted to IRS if my LLC brings on a new member

I am the sole member in my LLC, and am planning on adding one or two more members in the near future. There is no operating agreement therefor I am going off of Indianapolis law. It says it needs to be in writing, do I need to dissolve the LLC and form it with the new partners or can I sign... Read more »

Michael Ray Smith
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Michael Ray Smith
answered on Mar 30, 2022

If your LLC is currently taxed as a disregarded entity (i.e., like a sole proprietorship so that you report all the tax items on your Form 1040 instead of filing a tax return for the LLC), and you add members, you will need a new EIN. The LLC will then be taxed either as a partnership (the default... Read more »

1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: Can a seller put a high interest rate on land contract when he has a letter from Egg company guaranteeing the payment

A private company financed me to purchase a farm. They put a high interest rate on it because they put up all the money and took all the risk. But the egg company I'm contracted with gave them a written guarantee that they would pay the mortgage no mater if my farm was making enough money to... Read more »

Matthew Morris
Matthew Morris
answered on Mar 27, 2022

There are a few things that jump out at me from your question. The first is that you ask two things. One question is "can a seller put a high interest rate on a land contract" and the other is "is that fair...?" Those are two different questions, and the answer to one might be... Read more »

1 Answer | Asked in Business Law for Indiana on
Q: Is your llc prohibited to work with a nonprofit if you sit on their board?
Michael Ray Smith
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Michael Ray Smith
answered on Mar 10, 2022

Not necessarily, but it is an area of concern. It creates a conflict of interest on the board of directors that must be handled appropriately. The conflict needs to be disclosed to the rest of the board, and the arrangement needs to be approved by the remaining disinterested directors or by a... Read more »

1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for Indiana on
Q: There are references like "As added by P.L.14-1992, SEC.163." in IC. What does this mean and where can I find the text

Searching old Indiana Code and can't find anything. Example - IC 28-13-10-1 references the above. IC 28-7-1-16(d) and IC 28-13-10-1(b) are similar except the latter states "Unless the articles of incorporation or bylaws provide otherwise...." I need to find which IC controls, if... Read more »

Michael Ray Smith
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Michael Ray Smith
answered on Mar 8, 2022

What does that mean? Once a bill is passesd by the General Assembly, it is called a Public Law and assigned a number. P.L. 14-1992 Sec. 163 refers to Section 163 of Public Law 14 signed by the Governor in 1992, but that's about all you can tell from the number. Public Laws are difficult to... Read more »

2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... Read more »

Michael Ray Smith
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Michael Ray Smith
answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
Read more »

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1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
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Michael Ray Smith
answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... Read more »

1 Answer | Asked in Business Law for Indiana on
Q: I wanna get a degree in corporate law but I don’t know what steps to take to achieve could you help?

I’m a freshman in high school

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 29, 2021

A degree in law is known as a JD degree (Juris Doctor degree). In order to get a JD degree, you need to go to law school. First, you need to complete a bachelors degree, which can be in just about any area of study. Common areas of study are philosophy, political science, economics, history,... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... Read more »

Timothy Denison
Timothy Denison
answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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1 Answer | Asked in Copyright and Business Law for Indiana on
Q: Can the word supercalifragilisticexpialidocious be used as part of my logo.

Can I say Mary Poppings. Where everything is supercalifragilisticexpialidocious.

Kathryn Perales
Kathryn Perales
answered on Jan 28, 2021

You can probably say supercalifragilisticexpialidocious - it does not appear to be registered to anyone. You probably could even register it.

"Mary Poppings" is more problematic - Disney has the "Mary Poppins" mark registered for some goods and services, and they...
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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

1 Answer | Asked in Business Law for Indiana on
Q: Can we legally give cards to our neighbors that say like a good neighbor (business name) is there?

We wanted to hand out gift baskets to our neighbor offices and were not sure if it was copyright infringement ?

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2020

You're correct that this is a business law matter, but your post remains open for four weeks. There's no guarantee all posts are picked up, but you might have better chances of a response if you reposted and added Copyright and Trademark as categories. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can my husband sue for breach of contract and possible discrimination?

Last year my husband signed a 2 year painting contract with a possible 2 more years of work with a retirement facility. According to my husband in the contract it states if they choose to let him go they need to give him 3 months notice. As of now we can't find the contract, but he believes... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2020

An Indiana attorney could advise best, but your question remains open for two weeks. Anyone can bring a lawsuit. But it would be useful to have the contract beforehand. A reputable attorney would want to see the contract to determine if there was a breach, and to also make certain there... Read more »

1 Answer | Asked in Business Law and Health Care Law for Indiana on
Q: Can a local health department determine hours of operation on a define set of business and exclude others?
Tim Akpinar
Tim Akpinar
answered on Sep 5, 2020

An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Indiana on
Q: Is it legal to use art for commercial use from a minor, if said art was bought as a comission?

We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... Read more »

Barbara Berschler
Barbara Berschler
answered on May 17, 2020

When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.

Because a minor is involved, you need to tread carefully. Minors are not...
Read more »

1 Answer | Asked in Business Law and Civil Rights for Indiana on
Q: I own a small hair salon in Indiana a client is refusing to wear a mask saying that she’s protected by the ADA because

Of childhood trauma she says I cannot refuse her service is this true when in Indiana you are required to wear a mask in public and in businesses

James Avery
James Avery
answered on May 4, 2020

I don’t believe any small private business is subject to civil rights liability under ADA. Call Office of Civil Rights to confirm.

1 Answer | Asked in Business Law for Indiana on
Q: I am being fired from my job on April 17th. They say its because of a merger that happened over a year ago.

I believe it is because we are not busy now because of covid 19 and need less ppl now. They will not let me collect the extra 600 from the government this way.

Paul Stanko
PREMIUM
Paul Stanko
answered on Apr 19, 2020

Indiana is an employment at will state. Generally speaking, you can be let go without cause. You should consult an employment lawyer to see if there is an exception in your case.

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