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Maryland Business Law Questions & Answers
2 Answers | Asked in Business Law and Real Estate Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2024

I'd want to check your licensor and your business plan before rendering any opinion, but property management is one of the things real estate brokers are licensed to do. You don't say you are a broker, however, so you may merely be licensed as a sales person, that is, to be an agent for a... View More

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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Question on Liability after Switching to LLC from Sole Proprietor

Let's say that I previously was a sole proprietor and served client ABC during that time as a sole proprietor. Let's also say that at some point after serving client ABC, I formed an LLC for the same business. At some point after the formation of the LLC, client ABC sues me/my business.... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2024

If the basis for the lawsuit is for something that happened before you formed the LLC, then the LLC shield does not protect you from personal liability.

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Maryland on
Q: Looking for Guidance on Sale of Microsoft PowerPoint Templates

I am looking to operate an online business where I sell online courses and PowerPoint templates as materials with the course. I have seen that a Microsoft Office Home and Student license is not allowed for commercial purposes.

Questions List:

1. Is the Microsoft Professional license... View More

James L. Arrasmith
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answered on Feb 21, 2024

1. The Microsoft Office Professional license may indeed be suitable for distributing materials such as online courses and PowerPoint templates for commercial purposes. However, it's essential to carefully review the terms and conditions of the license to ensure that it allows for the specific... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland on
Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

James L. Arrasmith
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answered on Jan 28, 2024

Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of...
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1 Answer | Asked in Business Law for Maryland on
Q: Change domestic Maryland LLC to out of state LLC
Mark Oakley
Mark Oakley
answered on Jan 24, 2024

Depends on the law of the state where you want to move the LLC to, and what you are actually looking to achieve. There are four options: (1) keep the MD registration and simply register to do business in the other state as a foreign registered LLC; (2) dissolve the MD LLC and create a new LLC in... View More

2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Maryland on
Q: I worked for a security company who subcontracted from a hospital, they received shift deferential & holiday pay not us

I represent several Security Officers who worked for a security company that subcontracted with the University of Maryland Hospital system. The company received shift deferential and holiday pay. The company does not pay it to officers. I believe that this isn't mandatory in Maryland but... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

Given that your question is one of ethics, this would be difficult to answer from a purely legal perspective. I have to refrain from providing my general opinion, but I will echo your sentiments regarding the mandatory nature of the shift deferential and holiday pay flowdown. Holiday and shift... View More

1 Answer | Asked in Business Law for Maryland on
Q: Can a director be personally sued in a corporation in Maryland?
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

A Maryland attorney could advise best, but your question remains open for four weeks. The short answer is "yes," given the right circumstances and a determined and aggressive plaintiff. It would be best if a local attorney in your state experienced in corporate law advised. But the short... View More

1 Answer | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Maryland on
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need...

...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.

Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

James L. Arrasmith
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answered on Nov 17, 2023

If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I have an LLC registered with my personal address. If I hire an RA and Virtual Business Address company...

...will my personal address be moved from the public record(unsearchable) and replaced by the address of the hired RA and Virtual Business Address? Or do I have to dissolve my LLC and create a new one with a new name?

Mark Oakley
Mark Oakley
answered on Nov 14, 2023

When you file a change of resident agent form, the prior forms on file are not deleted or removed. Therefore, although the search information on the SDAT Business Entity Site will be updated to reflect the new resident agent name and address, and will be what someone will see when they search for... View More

4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

Martha Warriner Jarrett
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answered on Nov 1, 2023

The question of consumer vs. business debt does not really determine anything (just for statistical purposes of how many consumer cases vs. business cases are filed). My recommendation would be to check the consumer box. No, it is not possible that the SBA has forgotten you. And no, you cannot not... View More

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1 Answer | Asked in Business Law for Maryland on
Q: I have a business condo, the outside a/c unit was vandalized, should the condo association ins. cover the repairs?

We pay condo association fees, but i'm not sure what the insurance covers. The units are upper and lower level units with front and back areas. I have a lower level unit. The outside a/c condensers are situated in the back of the condo units. The back area is fenced off with locked fences,... View More

Scott Scherr
Scott Scherr
answered on Oct 30, 2023

You would review the insurance policy to see if it is covered. All insurance policies are different. In addition, your own insurance policy may cover it if the condo policy does not. Make sure you report it to the police.

1 Answer | Asked in Consumer Law, Business Law and Collections for Maryland on
Q: Is this an FDCPA violation?

A lawyer (debt collector) issued subpoenas to my boyfriend, my bank, and my multi-member LLC's registered agent, all of whom are outside of the state the judgment was recorded in. Is that considered informing third parties? Is it an FDCPA violation worth suing over?

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2023

If the judgment was domesticated into the State in which the subpoenas were issued, it is proper.

1 Answer | Asked in Education Law and Business Law for Maryland on
Q: How can a religious college in the Fort Washington Maryland create by laws that are separate from the article of incorp
T. Augustus Claus
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answered on Sep 7, 2023

Religious colleges in Fort Washington, Maryland, can create separate bylaws from their articles of incorporation. To do this, they should review their current bylaws, form a committee of key stakeholders, draft the new bylaws, and seek legal counsel for compliance. Once approved by the governing... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: Can a landlord remove Commercial Tenant's Personal Property in Maryland for in paid rent without court permission?
Mark Oakley
Mark Oakley
answered on Jul 4, 2023

They need a judment of possession, which in commercial landlord-tenant cases can happen quickly--but they still need to file a court action to get it. Once they have judgment of possession, they can enter immediately upon issuance of the writ of possession and lock the premises and hold the... View More

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Maryland on
Q: Are children allowed to play behind a bar in Maryland?

I’d like to report this man to the liquor board. Under his watch he’s allowed multiple children including his own to walk freely and play behind the bar at a restaurant.

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I suggest that you report him. Could also be child endangerment, you might want to contact CPS. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Maryland on
Q: I am a new real estate agent serving Maryland. Is the use of the word “Realty” prohibited in my business name?

I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.

As advised I’ve created an LLC (Carla Clemente Realty)... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 26, 2023

Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.

You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut...
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1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: how much should a contractor ask for a down payment on a roof replacement

This is only a small roof

Mark Oakley
Mark Oakley
answered on Apr 25, 2023

Assuming this is for a residence, this is a home improvement project. By Maryland law, a contractor on a home improvement contract must hold a license from the Maryland Home Improvement Commission (MHIC). The contract must comply with multiple legal requirements, among which is that a down... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

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