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Indiana Business Law Questions & Answers
1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Business Law for Indiana on
Q: Can I sue someone for buying things in my name and bankrupting my business?

I recently started a company with around $80K of my own money as a 65% partner. The partner of 25% bought things in the company name and my personal name without my approval saying she paid for these only to find out months later they haven't been paid for and they're in my name. I have... Read more »

Timothy Denison
Timothy Denison
answered on Dec 30, 2019

Yes. You should contact a business litigation attorney to evaluate the situation, including determining whether there are any assets to pursue.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Does a non-punitive reduction in sales commission invalidate a non-compete agreement?

Hiring offer included base salary plus sales commission for working at a retail store. After one year I was asked to assume all the same duties for two stores. Employer reduced my total commission at each store because "it gives you a disproportionate amount of total commission". My... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 24, 2019

Without seeing your entire employment contract I would think not; however, both the rate of pay and the amount of commission should be included--and is so, this change has violated the contract. So, if you still want to work there I advise you to object to the lowering of your remuneration and... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... Read more »

1 Answer | Asked in Business Law and Environmental for Indiana on
Q: Is it unlawful to place church invitations on doors in Indianapolis Indiana?

We are not selling anything, but rather just inviting others to our church services and or events... such as a free carnival for the entire community.

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2019

In the past, it would have been no big deal. However, some communities and associations have rules prohibiting flyers, brochures, or similar materials. It could be worthwhile to confirm there are no local rules against it. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Banking and Business Law for Indiana on
Q: Offer on home in Indiana. The seller won't sell unless the buyer of my home has a local mortgage lender. Is it legal?

I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 18, 2019

This question does not make sense.

1 Answer | Asked in Banking, Business Law, Tax Law and International Law for Indiana on
Q: I am looking to create a company that facilitates peer-to-peer payments with the use of credit and debit cards.

For this I have created an app:

If user is going to send money using the app, they input their credit card, STRIPE charges the credit card and the money goes to my business bank account in the US. When this happens, the app shows a balance in the user’s APP account.

When a user... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 4, 2019

What you have described is a financial services company that operates exactly like a bank. Translation: Before you spend your money developing your "new" banking business you need to know that you are required to obtain a bank charter or some other official authorization from the state... Read more »

2 Answers | Asked in Consumer Law and Business Law for Indiana on
Q: Is it ok to keep the package that is mailed to my address but not my name as recipient.

Received a package mailed to my address. But the recipient does not live at the Address. Do I get to keep the package or return to seller

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Nov 28, 2018

You do not get to keep packages sent to your address if you are not the intended recipient. Return to sender or you could be committing a crime.

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1 Answer | Asked in Business Law for Indiana on
Q: How binding is a " Non-Disclosure and Limited Non-Competition Agreement" in the State of Indiana ?

If the person being asked to sign is not under contract to the organization asking.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Nov 7, 2018

It depends on the documents themselves. A Non-Disclosure agreement is usually binding, except in cases where the law would not allow it (such as in mandatory reporting cases, covering up a crime, criminal conspiracy, etc..).

A Non-Competition Agreement or non-compete as most people refer...
Read more »

1 Answer | Asked in Business Law and Tax Law for Indiana on
Q: May I prepare I financial statement without a CPA license? Can you show he Indiana Code that supports your answer?
Eric  Day
PREMIUM
Eric Day
answered on Jul 26, 2018

I am not an Indiana Attorney, but generally anybody can prepare a financial statement for their business. Where you would need the licensing is if you were preparing financial statements for a publicly traded company or you were Auditing those financial statements.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can we hold a company to honor a contract it the salesman who wrote the contract is gone ?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 14, 2018

Yes. If you entered into a contract with a salesman who was employed or representing the business at the time you entered into the contract, the salesman can bind the company he or she represented at the time.

There may be other considerations, but a company cannot get out of a contract...
Read more »

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: In an LLC, can members be anonymous to othwr members?

If a non management member doesnt want their information made available to other non management members, can that be done? Example, if a member doesnt want the other non management members to know their ownership percentage or capital investments, can that be with held from the other non management... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

An attorney would need to review the LLC operating agreement. It may be easier to multiple business entities to mask the owner's identify. You should speak with a local business attorney.

0 Answers | Asked in Contracts, Business Law, Legal Malpractice and Lemon Law for Indiana on
Q: If i sold someone my not running car for $300 and they fix it but i cant transfer the title can i take my car back

I still have the title its in my name i attempted to sell the car they paid me $300 and they have since put $800 into fixing it which did not make any sense because the title has not been transferred and with all the issues im having trying to transfer the title over i would just like my car back... Read more »

0 Answers | Asked in Business Law and Immigration Law for Indiana on
Q: Can a US registered LLC with foreign resident owner be paid in US bank account if the owner is on B1 visa in US?

I am an owner of LLC formed in the state of Indiana this year in the month of Feb. Right now I'm in United states on a B1 visa that doesn't allow me to accept any payments or work but i do have present clients that do want to make a payment without me getting involved with any direct... Read more »

1 Answer | Asked in Contracts and Business Law for Indiana on
Q: If a company doesn't have a LLC does it make a contract invalid
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 2, 2017

Not all companies are LLCs. There are many different structures that a business can operate as. Simply not being a registered LLC does not make their contracts invalid.

2 Answers | Asked in Business Law for Indiana on
Q: I was just curious as to if you can own A law firm without being a lawyer in the state of Indiana?
Glenn B. Manishin
Glenn B. Manishin
answered on Aug 4, 2017

Every state bar prohibits non-lawyers from owning a legal practice as a matter of ethics.

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1 Answer | Asked in Business Formation, Business Law and Securities Law for Indiana on
Q: I pitched a technology start-up idea to a family relative, he liked it and agreed to invest.

He is neither a US citizen nor a resident, and he does not want to be listed in the US Startups (even if the law allows him to). He wants to invest via a loan instrument, which I am expected to pay back whenever the model succeeds, beyond which we will share all profits as partners. This therefore... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Apr 10, 2017

The answer to your question depends on the Tax Treaty between your relatives home country and the USA. Generally, interest paid to foreign nationals on loans made in the USA are subject to US taxes and withholding. The amount of the tax and the withholding is dictated by a tax treaty between the... Read more »

1 Answer | Asked in Business Law and Education Law for Indiana on
Q: Hello I am doing a project about free college tuition. Can you help me find any statutes, etc. in regards to my topic.

Any state statute or nation wide law would help!

Paul Stanko
PREMIUM
Paul Stanko
answered on Oct 27, 2016

There is no "right" to free college tuition in Indiana, or under the US Constitution. I can't speak to other states.

1 Answer | Asked in Business Law and Intellectual Property for Indiana on
Q: I bought the rights, prints, parts, etc...to a parts business,is it legal for others to sell manuals online for this?

It was bankrupt years ago and has changed hands several times but I have found service manuals online and some are available in PDF version, which I believe is impeding on my rights as the business owner. I sell manuals made specifically for the machines, but why buy mine if they can purchase one... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Oct 27, 2016

Unless the other sources are violating your copyrights, trademarks, etc., they can probably provide their own manuals on how to service your parts.

1 Answer | Asked in Business Law, Business Formation and DUI / DWI for Indiana on
Q: Can you get a liquor license in Indiana if you had a OWI in 2012
Paul Stanko
PREMIUM
Paul Stanko
answered on Oct 2, 2016

You need to provide more information. Were you convicted or just arrested?

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