Winds blew it open, broke the top seal and bent the metal bar. He claims in the lease the exterior walls and roof, and structural maintenance, repair and replacement of the building and its foundation and that it doesn't include the door.
answered on Feb 24, 2022
It probably depends upon the wording of the lease. The leases that I prepare for a particular landlord typically provide that the door, which generally requires more maintenance than the non-moving parts of the building, is the tenant's responsibility.
I started an LLC for software-as-a-service in Michigan and I am getting clients from Ohio and Illinois, I wanted to know that do I need to file an LLC in all states from where I get clients or I can do business from my Michigan LLC only, and where do I pay income tax?
answered on Feb 24, 2022
The filing of Articles of Organization in the other states in which you are doing business is not appropriate. Doing so would create separate entities that would have to be treated accordingly.
The registration of your company in those states in which you are doing business is, however,... Read more »
If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?
answered on Feb 11, 2022
The federal Confiscation Act of 1862 would apply to gold owned by the Confederate States of America (which the Act did not recognize as an entity), with the result that the United States would own the gold. This is a hypothetical question because the CSA government probably held no gold at the... Read more »
I purchased my manufactured home on 3/9/2009 and because I purchased it brand new my community had a lifetime promotion they wrote in my purchase contract that I will receive $100 off rent for lifetime. I cannot find my purchase contract paperwork so I went to the office and the manager stated... Read more »
answered on Dec 17, 2021
I'm unsure what an attorney can do for you. It would not be filed with any government entity, and so if the management no longer has a copy, and you can't find yours, you may be stuck.
Since others are having the same issue, and management appears willing to acknowledge they did... Read more »
I work for a staffing firm that does payroll/hr/admin contracting for a large client. I’m a corporate employee who manages the hr system for both the staffing agency and the client, in the past I managed payroll for both companies as well (the contracted agency employees and the direct client... Read more »
answered on Sep 15, 2021
As a practical matter, I'm not sure it's to either company's benefit for you to manager HR for the both of them. Payroll is another matter, which I don't think is much of an issue.
The arrangement is likely legal; "best practice"? probably not.
I was thinking about opening a small diagnostic ultrasound clinic in Dearborn, Michigan. I am an experienced sonographer with more than 10 years of experience. I want to cater to clients/patients who will be self pay. I will not be billing insurance companies. I wanted to know what the... Read more »
answered on Sep 17, 2021
You will likely need to seek out an attorney who has experience in health care law. I would inquire about whether or not a sonographer can operate independently, the type of license a diagnostic facility requires, and whether or not a diagnostic facility needs a physician in a director role. And, I... Read more »
answered on Sep 2, 2021
The "rule of law" to me means that in the conduct of our nation's affairs, we follow rules, rather than be governed by the whims of a dictator. The phrase could also refer to the rule that governs the outcome of a particular case.
Your question is more of a definitional... Read more »
My company accidentally sent a check to a company ( Company A) with the exact same name as the actual receipt company of the check (Company B). When the check was sent it had all of company As information and was deposited without an issue. Unfortunately that check was sent and cashed in early... Read more »
answered on Jun 18, 2021
Company A cannot keep the monies for work or services it had not performed. Should you decide to bring an action against them it is very likely you would prevail. From your facts as presented, this should not be difficult to resolve.
My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... Read more »
answered on Jun 17, 2021
It is hard to say without specifics, but if there is an activity like sewing that has been around for thousands of years, and a company comes up with a new product to help workers perform the activity better, the company will likely patent the product, as well as a method of using that product.... Read more »
answered on May 3, 2021
It's not entirely clear what you're asking. But, publicly obtainable images doesn't mean the images are in the public domain. And videos containing images that are not properly licensed, particularly ones produced with a commercial purpose, may create unnecessary liability and risk... Read more »
answered on Mar 29, 2021
An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »
The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »
answered on Mar 12, 2021
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type... Read more »
The contract expires 3/8/2021. We notified the waste removal company that we intend not to renew the contract on 2/23/2021, but contract terms force us into renewal unless a certified letter was mailed on or prior to 1/8/2021. We are not happy with service, and we would like to avoid this ongoing... Read more »
answered on Feb 23, 2021
The renewal provision is probably enforceable.
If the hauler is not performing in accordance with the contract, notify it in writing of the deficiency. Perhaps you can terminate the contract if the deficiency is not cured. Without a copy of the contract, I am at a disadvantage in trying... Read more »
I am being forced out of an business in which i own 4% of in Michigan. The operating agreement currently states that you can be bought out only voluntarily, or under circumstances of bankrupty, death, etc. However, not involuntairy.
After bringing up we are not interested in selling, we... Read more »
answered on Jan 22, 2021
Generally, Michigan LLC members, whether constituting a majority or minority have different rights. The operating agreement that you're referring to as well as the Michigan Limited Liability Company Act allocate such rights and procedures. Minority members do have some rights.... Read more »
If we started a buisness with 5 people and one of the partners volunteer to leave and just wanted what they put in and we oked that in the contract and signed it to be paid evenly between the last 4 partners and the after 5 months 3 of the partners paid there portion already but the last partners... Read more »
answered on Jan 12, 2021
It will depend upon the language in the contract you signed to buy out the first partner. If the contract says each remaining partner is reliable for his/her own share, then you're ok. If it says the business is responsible as a whole, you may have to pay and go after the non-paying partner... Read more »
Accountant says I can turn it over to State of Michigan division of corporations.
answered on Dec 11, 2020
There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or... Read more »
Business Court. I need an attorney for limited scope representation to dismiss an action by a LLC against a Member of the LLC. The question is whether the LLC in its own name may sue a Member without 90 day notice in advance and under what circumstances.
answered on Dec 5, 2020
The Michigan LLC Act does not require advance notice prior to a suit against a member. Does the operating agreement for the LLC so provide? If not, and unless the LLC was formed in a jurisdiction that has an advance-notice requirement, there is no such requirement.
LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC
answered on Dec 4, 2020
The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.
That said, it is best generally best... Read more »
LLC filed a complaint against a MEMBER in the LLC on behalf of the LLC and the Judge said I have to have an attorney but a lawyer told me I don't need a lawyer because I am not defending the LLC
answered on Dec 3, 2020
Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.
I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »
answered on Oct 19, 2020
In order to give definitive advice to you I would want to know all of the facts, including your proposed use, but I can say for certain that the bank does not have exclusive rights to that the word "welcome". I don't see any possibility of confusion if you are using "welcome... Read more »
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