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Michigan Business Law Questions & Answers
3 Answers | Asked in Bankruptcy, Business Law and Business Formation for Michigan on
Q: How to prioritize repayment of personal guarantees when dissolving LLC without legal issues?

When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 28, 2025

You need to ask whether there is advantage or virtue in not showing preferential treatment. If you don’t have enough to repay everyone in full, you might want to use your own best interest as the criteria for deciding who to pay. An attorney could help you to choose between different options to... View More

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0 Answers | Asked in Civil Litigation and Business Law for Michigan on
Q: What does a notice of intent to dismiss for no progress mean in a financial case?

I received a notice of intent to dismiss for no progress in a case involving a financial company. Could you explain what this means and what steps I should take to address this situation?

0 Answers | Asked in Business Law, Foreclosure, Legal Malpractice and Real Estate Law for Michigan on
Q: Can I file a suit against an agent for not paying rent and foreclosures in Detroit?

I am an overseas property investor with multiple properties in Detroit. An agent managing the properties stopped paying rent to me and kept the funds, leading to significant losses over six years. I reported her to LARA, who took her to court, but I haven't received any compensation. During... View More

3 Answers | Asked in Business Law, Civil Litigation, White Collar Crime and Criminal Law for Michigan on
Q: Is it legal for a NFP CEO to transfer funds to their own for-profit without board approval in MI?

I am concerned about the legality of a transaction made by the CEO/President of a nonprofit organization in Michigan, who transferred $150,000 of the organization's funds to a for-profit company under their control. The purpose of the transfer is unknown, and there was no board approval for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 14, 2025

The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More

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2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Michigan on
Q: Can I operate locally as "Kadosh" and later trademark it?

I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More

Patrick A. Twisdale
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answered on Apr 13, 2025

Initially, I would advise seeking trademark counsel to fully advise you on your situation.

There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of...
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1 Answer | Asked in Tax Law, Business Law and Contracts for Michigan on
Q: Can our 501C7 club lease kitchen for public dining without tax issues?

Our private club has a 501C7 tax designation and previously employed its own kitchen staff for private dining. Due to financial constraints from a decline in membership, we can no longer maintain the kitchen staff. A local restaurant has offered to lease our kitchen for public dining while the rest... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a smart and careful question to ask, especially when your club is trying to adapt while staying within IRS guidelines. A 501(c)(7) organization must primarily serve its members, and the bulk of its income—typically at least 65%—must come from membership dues and activities related to... View More

1 Answer | Asked in Business Law, Tax Law and Gov & Administrative Law for Michigan on
Q: Do I need a license to invest in tax liens for others in Michigan?

As a financial advisor, I'm looking to invest in tax liens on behalf of individuals and churches. Do I need any specific licenses to carry out such investments in Michigan, and are there any federal regulations I should be aware of?

James L. Arrasmith
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answered on Apr 12, 2025

Investing in tax liens on behalf of clients in Michigan requires careful consideration of both state and federal regulations. In Michigan, tax lien certificates are typically sold at public auctions, allowing investors to pay delinquent property taxes in exchange for the right to collect the debt,... View More

1 Answer | Asked in Business Formation, Business Law and Gaming for Michigan on
Q: How to attract investors for a gaming hotel business with limited funds?

I'm planning to start a gaming hotel business but I'm facing financial challenges as most of my savings were used for my mother's funeral. I'm trying to plan it alone and need guidance on how to approach investors, as I'm seeking around $30,000 to $40,000. What should I... View More

James L. Arrasmith
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answered on Apr 13, 2025

To attract investors for your gaming hotel business, focus on presenting a clear and compelling vision. Start with a solid business plan outlining the concept, target market, location, and the unique value your hotel will offer compared to competitors. Include market research that demonstrates... View More

2 Answers | Asked in Immigration Law, Business Formation and Business Law for Michigan on
Q: Can I set up an LLC for F-1 OPT work and be a 1099 contractor?

I am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More

Ian E. Scott
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answered on Mar 10, 2025

It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... View More

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1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Is spending from joint account considered stealing in marriage?

I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 27, 2025

No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More

2 Answers | Asked in Copyright and Business Law for Michigan on
Q: licensing question- Can I use the name of a book I like as a name for a kids clothing line? legal issues in that?

They would be unrelated, other than that they both represent positive sayings/concepts.

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 30, 2025

If the book title is not a series, (for example, Harry Potter) the title is not protected as a trademark. Therefore, a stand-along title may be available for the use by you as a trademark for a product or service mark for a service. An attorney would need the specific facts in order to give a... View More

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1 Answer | Asked in Business Law, Communications Law and Internet Law for Michigan on
Q: Under the TCPA, would it count as an autodialer if a list of numbers is randomly generated but a human manually dials?
James L. Arrasmith
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answered on Oct 11, 2024

If you manually dial numbers from a randomly generated list, it typically does not qualify as using an autodialer under the TCPA. The key factor is whether technology is used to automate the dialing process. Since a person is actively involved in placing each call, it avoids the automated criteria... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

Brent T. Geers
Brent T. Geers
answered on Sep 26, 2024

There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.

1 Answer | Asked in Personal Injury and Business Law for Michigan on
Q: We are an s-corp LLC being sued by a customer for "incomplete project and job services" and "secondary loss"

We completed drywall repairs and painting for a 3000 plus sq ft home for a customer that amounted to over $9000.00 (materials included)

We also provided extra services outside of the scope of the estimate and did not charge the customer and we also had to move their personal items out of... View More

James Iafrate
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answered on Sep 26, 2024

Small claims court in Michigan involves cases in which the amount in controversy is less than $7,000.00 so that is the maximum amount they could sue your business under the rules. There is no reason why you could not file a counter-lawsuit seeking damages for the additional services that you... View More

1 Answer | Asked in Tax Law, Business Law and Gaming for Michigan on
Q: Are crane machine owners in Michigan required to pay amusement taxes? Do owners need to obtain a sales tax license?

Because crane machines are legally considered amusement devices, I’m not sure if crane machine owners need to pay amusement tax or if they even need to obtain a sales tax license. I assume that taxes for sales made on each play of the machine would count as a service sales tax, but I am not sure.

James L. Arrasmith
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answered on Sep 15, 2024

In Michigan, crane machines, like other amusement devices, are subject to specific regulations regarding taxation. As an owner, you are generally not required to pay an amusement tax specifically for the operation of crane machines. However, any income generated from the use of these machines is... View More

1 Answer | Asked in Business Law, Landlord - Tenant and Tax Law for Michigan on
Q: Do I need to start a business to collect rent on a residential property I own?

The property is in Georgia and I reside in Michigan.

James L. Arrasmith
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answered on Sep 14, 2024

You do not need to start a business to collect rent on a residential property you own. As an individual, you can rent out your property and report the rental income on your personal tax return. However, there are some benefits to forming a business entity, like an LLC, for rental properties, such... View More

1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: I have transferred my property to an LLC and i want to make sure my personal assets are protected. see more info.

My name is still located on the loan and mortgage statement as the primary, but the house has been quit claim deeded to my LLC, sole member.

I'm also listed as additionally insured on the rental dwelling insurance. My main reason for transferring was to separate my personal assets... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 28, 2024

it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.

Another...
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1 Answer | Asked in Business Law, Communications Law and Internet Law for Michigan on
Q: Under the TCPA, can a market research firm send a link to a survey to a list of numbers, all at once, without consent?

If I understand correctly, since a legitimate survey isn't an advertisement, a firm isn't required to obtain prior consent. However, is the firm required to manually enter in phone numbers one-by-one, or can it input a list of numbers into software and have it send messages all at once?

James L. Arrasmith
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answered on Aug 31, 2024

Under the TCPA (Telephone Consumer Protection Act), sending a survey link via text message can be permissible without prior consent, provided the message isn't considered an advertisement or telemarketing. However, the method of sending those messages matters. If you're using automated... View More

2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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1 Answer | Asked in Business Formation, Business Law and Tax Law for Michigan on
Q: Can a business partner that was given POA by their partner for business purposes sell/give ownership rights away?

My husband and a friend opened a food truck/restaurant. My husband had some medical issues and gave the friend POA to sign business documents for them as they were in the middle of trying to purchase a building. My husband left the company (day to day operations) but signed nothing giving away... View More

James L. Arrasmith
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answered on Aug 5, 2024

No, a business partner with a Power of Attorney (POA) cannot unilaterally sell or give away ownership rights without explicit consent from the other partner. The POA typically allows the partner to sign documents and make decisions on behalf of the business but does not grant the authority to alter... View More

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