Get free answers to your Business Law legal questions from lawyers in your area.
-My wife has no involvement/stake in the company at all.
-What method of company valuation should be used if there are only expenses so far and no income from business?
-I have not used a single cent of marital funds for the business.
-After the settlement, will my spouse... View More
answered on Jul 2, 2018
You should promptly meet with a divorce practitioner to discuss the length of the marriage, ages of the parties, income of the parties, ability to acquire future capital, etc. which are among the factors for property division determination. If there has been no financial investment from the... View More
answered on Jun 18, 2018
To become an S corporation requires specific action under particular circumstances in exchange for some possible tax benefits. Here are some helpful resources that explain more:
https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations... View More
I received a certified letter regarding a silicone pipe that I currently sell on many platforms including my own website. The company stated that they have a patent pending on it and that I have to: immediately stop marketing the product, remove the product from all selling platforms and send them... View More
answered on May 16, 2018
This situation merits working with patent attorney to sort out the current status and possibly to intervene to help the Patent Office reject or at least narrow the claims.
As a preliminary step, you may want to check on the status of the pending application using USPTO Public PAIR.... View More
I have a Social Business Idea that has a few ways to be monetized and I don't want to be completely limited by the Non-Profit sector. I want to file for incorporation but don't know what Umbrella a Social Enterprise falls under.
answered on Apr 27, 2018
The answer partially depends on what you're trying to accomplish: If the proposed purpose is solely benefit-related, without the desire or need to assign profits or owners/shareholders/members, then you're probably in (traditional) non-profit corporation territory. Alternately, you may... View More
If the employee is terminated, let go or the company closes, are employers required to pay them for their accumulated PTO/ETO?
answered on Mar 12, 2018
Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.
is there a way that they can transfer the rights to me without signing their name?
answered on Feb 26, 2018
The publisher and contributor would enter into a contract that clearly describes anonymity of the contributor as a condition of the contract. The contributor's name would go no further than that contract. The contributor cannot remain anonymous from the publisher. Hire an attorney to draft the... View More
staffing agency I work for is being sued by two people. the owner is old and doesn't have much longer to live. If she sold it to me and I changed the name do I have any responsibility for those lawsuits? Or is it on the old owner who sold the business? thank you
answered on Dec 27, 2017
The probable answer is that both of you would be responsible depending upon if substantially all of the assets of the first company were sold to a new company. You could buy the company and get an indemnification.
The initial liability stays with the first company. The second company... View More
answered on Dec 1, 2017
Although it is technically possible for a verbal contract to be enforceable under some circumstances, even then it is very difficult to prove so verbal contracts are not advisable. Best practice is for all business contracts to be in writing and reviewed by your own business attorney to ensure that... View More
answered on Dec 4, 2017
If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program
I am a music composer originating from Korea and New Zealand, which is not USA, but I am willing to work with USA companies as a freelancer. Then do I need specific thing to do before I do it, or am I just good to work, or is this up to the company that gives me work?
answered on Oct 12, 2017
You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity... View More
I started an online business as a hobby which has now been producing income. Do I have to register my business even though I have no employees? Will I be penalized for producing income without being a registered business? I appreciate your help with this situation. Thank you.
answered on Oct 11, 2017
There are both legal and tax implications to consider when engaging in business. You should consult with both an attorney and accountant to discuss the specifics of your business so they can properly advise you.
Looking for examples of regulatory violations, recalls, class action, civil, or other cases related to software in vehicles. This could also include intellectual property cases associated with open source software. I'm keen to discover how much influence open source software has had, so far,... View More
answered on Sep 21, 2017
Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with... View More
The company stopped paying his health insurance. Are they required by law in MA. To cover him still? He has become I'll and really has needed it for the last two years.
answered on Aug 15, 2017
A company is not required to pay for a former employees medical insurance. However, under MA m law he would have been entitled to Cobra rights to pay for his insurance under the company plan. If he is still listed as President of the company that raises some interesting issues as to whether he... View More
I recently purchased many portable speakers from a vendor in China. The company produces many authentic speakers (iLepo), but they also wholesale "fake" JBL speakers on a international wholesale store.
The speakers look pretty similar, but they intentionally took off the logo on... View More
answered on Aug 2, 2017
if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.
I have a small restaurant that I am selling, I have it listed with a broker. We had a potential buyer who made a $1,000 deposit. The buyer did not obtain financing, so they forfeited the deposit. The broker kept the deposit. I feel like that should be mine. The broker will earn his money on... View More
answered on Jul 26, 2017
That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... View More
If I am an equity partner in a company incorporated in EU, and that company wants to
1. wants to loan money to a company in US, is that possible/legal?
2. wants to open a bank account in US without incorporating in US, possible? How do I get a tax ID?
3. wants to pay me... View More
answered on Jul 20, 2017
A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and... View More
for example i did a diy video it said HOMEWORK: , at the top , and the the nike logo in the middle with " just do it"
answered on Jul 8, 2017
That sounds like trademark violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
The business meets all the qualifications of IRC 1244. I need to know if anything should be filed and with whom to offer the 1244 protection to investors. Also, I need to know what documentation should be retained and ultimately delivered to my investors if a loss is generated.
answered on May 4, 2017
To The Code also imposes recordkeeping requirements on the corporation relative to its §1244 stock. Among these is requirement that the corporation designate designation, for its transitional year, those of its outstanding shares that qualify for small business stock treatment.
(b)Common... View More
By placing an LLC into a Trust can the members receive their dividends on a monthly, quarterly or yearly basis?
answered on Apr 25, 2017
Placing an LLC in a trust does not change when the LLC wants to make distributions and that is determined by the Manager and/or the Members of the LLC. The Trust can provide for distribution of funds on a monthly quarterly or annual basis. It depends how it is drafted. The reason to put a LLC in a... View More
In the state of Massachusetts its illegal to sell alcohol after 11pm in stores. If there was a company that sells and delivers candles 24 hours a day, can the company give free alcohol as a gift to the buyer after 11pm? Technically it's legal but I wanted to know what problems this company... View More
answered on Jul 6, 2017
I strongly recommend that you contact the Commonwealth's Alcoholic Beverages Control Commission, which will almost certainly have a position on this. As a practical matter, Massachusetts law prohibits any unlicensed sale, storage, transportation, importing, exporting, and manufacturing with... View More
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