Lawyers, Answer Questions  & Get Points Log In
Louisiana Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: In the forming of an LLC, does an equal capital contribution mean both members get 50% of the shares?

In the forming of an LLC, the OA stated the shares are valued at 1% for $300. One member was supposed to pay $15,300 for 51% and the other member $14,700 for 49%. BUT each submitted $15,000 cashier checks. Is it still 51%\49% or is it 50-50 by default?

Barbara Berschler
Barbara Berschler
answered on May 20, 2020

The amount of money one contributes to a business startup does not determine the relative share of ownership by the investors. There can be other factors considered, such as time spent on project, know how, which can weigh into the computation. If you have any questions about fairness at this... View More

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Louisiana on
Q: Is it legal for a business not to refund you a deposit due to a pandemic and mandatory shutdown of all events?

The business says a refund is only refunded due to inclement weather. The city of New Orleans is on a mandatory shutdown and the event is cancelled, so the business won’t be needed. They said they won’t give the deposit back and use it as a credit. The event won’t be happening or rescheduled... View More

Imtiaz A Siddiqui
Imtiaz A Siddiqui
answered on Mar 18, 2020

Additional details are necessary to provide a useful answer.

Share as much as you feel comfortable sharing, but some questions that come to mind:

What is the event?

What business is the business in?

What do you mean by "so the business won't be needed"?

View More Answers

1 Answer | Asked in Business Law, Contracts and Criminal Law for Louisiana on
Q: What is the Louisiana criminal code for theft of service?

The owners agreed to pay for my painting services then stopped payment on the check when the job was finished. They stopped payment on a $19,000 check.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 30, 2019

Contact the District Attorney's office for bad checks.

1 Answer | Asked in Business Formation, Business Law and Contracts for Louisiana on
Q: I’m currently making my own business, but before I start I want to be able to protect myself legally. I need advice.

I’m from Louisiana and I need advice on contracts/ liability forms. If I should have commercial insurance before I even think about actually starting my business.

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2019

It would be difficult for a Louisiana attorney to advise you on that, given the basic question-answer format of this board. You should think about contacting a Louisiana attorney and setting up a consultation. The forms you mention could depend on your business. Some forms are standard templates;... View More

1 Answer | Asked in Business Law for Louisiana on
Q: is it against to law to override the price of milk, formula, eggs, ex. If the store has them displayed for wrong
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2019

It would depend on the state of mind with which it's done. If it's done without deceitful intentions and as a reasonable measure to rectify an honest pricing error, it would generally be acceptable.

Tim Akpinar

1 Answer | Asked in Banking, Business Law and Civil Litigation for Louisiana on
Q: Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18 -cv-09296 In 08/08/2019

Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18-cv-09296 In 08/08/2019 around 10:30 am Trina Williams ticket #G59 matters of jurisdiction zoning went through intake process waiting again United labor and wage for name to be called at off SSA 115 terry... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 8, 2019

Your question makes no sense. Ask someone to write it for you.

1 Answer | Asked in Business Law, Contracts and Employment Law for Louisiana on
Q: Is a verbal contract legal between a general contractor and sub contractor.

Labor work was completed by myself (sub-contractor) between 60-70 days ago and general contractor has not paid me. General contractor says he doesn't have the funds to pay me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 11, 2019

Yes.

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Federal Crimes for Louisiana on
Q: FALSE Restraining orders filed to prevent collection of small business property ($10000>/=)after unlawful eviction

My business partners EX girl filed false restraining orders after stealing our shops safe with titlework for roughly 8000$ of vehicles and keys, then filed FALSE restraining orders on my business partner and i, in order to prevent collection of the vehicles themselves and our shop tools after... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 10, 2019

Hire an attorney and don't respond to her messages.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Louisiana on
Q: hello , what would be "proper cause" NOT to testify for one of the two partys in a case.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 12, 2019

If you received a subpoena, there is no proper cause not to appear. If you have not received a subpoena and don't want to testify, then don't go to court.

1 Answer | Asked in Criminal Law, Business Law and Gov & Administrative Law for Louisiana on
Q: I have the same situation with the disqualification from FNS two years ago. background check is active disqualification

How can I remove “active disqualification” to “inactive or expired”? The FNS says it will not have a bearing on my job hunting. When I get an interview, the background check came back racketeering and active disqualification.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 8, 2019

Hire a juvenile court attorney quickly. You have 365 days before they put your kids up for adoption.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Mergers & Acquisitions for Louisiana on
Q: I hired a builder and he posted pictures of my signed contract online. Is that legal?

I gave them a bad review on Facebook

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 21, 2019

Whether what the builder did was "legal" is impossible to say without much more information. I will note that there is very little difference between what you did (post a bad review online) and what you say the builder did in response (posted pictures of your signed contact online.)

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... View 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... View 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... View More

1 Answer | Asked in Contracts, Criminal Law and Business Law for Louisiana on
Q: The vehicle that was leased is in Lake Charles and he doesnt have the money to make it to the dealership or lessor.

Is it acceptable and legal to park the vehicle and call the lessor for them to pick the vehicle up?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 22, 2018

He would be better off having it towed, rather than having them pick it up because their fee will be huge.

0 Answers | Asked in Civil Litigation, Business Law, Internet Law and Consumer Law for Louisiana on
Q: Would someone help me with this? Can you sue a company for sending emails to you after you have ask them to stop?

My wife and I are getting about 10 emails every 3 days from a security company. I sent them both our emails and ask them to take us off the email list and tell their affiliates to stop also. They emailed me back and said it had been taken care of. We are still getting the emails. What can we do? We... View More

1 Answer | Asked in Business Law and Employment Law for Louisiana on
Q: I had to sign an agreement not to discuss my salary with other employees. Was that legal?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 6, 2017

This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here.... View More

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

I'm starting a home improvement LLC. To register with the state licensing board for contractors I need proof of at least $100,000 in liability insurance and workers compensation insurance in accordance with title 23 of LA revised statutes of 1950. I need to know what that entails for when I... View More

Christie Tournet
Christie Tournet
answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed... View More

1 Answer | Asked in Business Law for Louisiana on
Q: Am I required by law to have a public bathroom in my cafe? We are less than 1500 sq ft, no food prep- just resale.

My partner and I are opening Louisiana State's first cat cafe. We will be a full service coffee bar, but no food preparation- just resale. We will also house, in a separate area, rescue cats that people can pay for time to interact with or adopt if they so choose. I'm trying to understand... View More

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

Talk to a business or zoning lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is...
View More

1 Answer | Asked in Business Law for Louisiana on
Q: In a two partner LLC how much written notice must be given to withdraw one partner from the business?

There is no operating agreement in place.

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

This type of situation can be tricky, especially with no written agreement. Best to talk to a local business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is...
View More

1 Answer | Asked in Business Law for Louisiana on
Q: does a night club in louisiana need to be insured
Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

Generally speaking, it's a good idea for night clubs (and many other types of businesses) to carry insurance.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.