Ask a Question

Get free answers to your Business Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Business Law Questions & Answers
1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
PREMIUM
Michael Ray Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... View More

1 Answer | Asked in Business Law for Michigan on
Q: I can’t find any info on Authority to tow in Michigan. All I see is need proper insurance,plates and dot #’s

All I can find is that you need proper insurance, registration, license plate, dot numbers and cdl a or b depending on weight of vehicle(s)

Evan Ficaj
Evan Ficaj
answered on Apr 15, 2022

When hauling for-hire, in intrastate commerce, operating authority must be granted through the Michigan State Police Commercial Vehicle Enforcement Division (MSP-CVED), Regulatory and Credentialing Section. This includes carriers that are in business as a repossession company or an auto auction... View More

1 Answer | Asked in Business Law for Michigan on
Q: What legal authority prevents the owner of a LLC from representing the LLC in court?

My son, acting in pro per, sued an LLC in district court. Its owner hasn't hired an attorney and has filed all answers and responded to all motions himself. Owner isn't an attorney. What specific Michigan authority (statute, court rule, case, or other authority) prevents the owner from... View More

Evan Ficaj
Evan Ficaj
answered on Apr 13, 2022

Unless the articles of organization state that the LLC is managed by managers, the LLC is managed by members (commonly referred to as “owners”). MCL 450.4401. The managers in a manager-managed LLC and the members of a member-managed LLC have the authority to bind the LLC. The Michigan Court... View More

1 Answer | Asked in Business Law for Michigan on
Q: My LLC sells apparel on my website. Can I sell on other websites as well under the same LLC setup and name?
Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

If you're asking whether or not you can conduct business in the name of an LLC you own, in more than one location, the answer is probably. I imagine there could be local restrictions, website rules, mark licensing, or some other reasons particular to your brand that makes this question unanswerable.

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Michigan on
Q: in Michigan, own a retail business. Strong winds blew open my door and damaged it and landlord won't repair. Is he righ

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.

Thomas. R. Morris
Thomas. R. Morris
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.

1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: I started a software company in Michigan and I am getting clients from other states, do I need to file LLC there?

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?

Edward Gudeman
Edward Gudeman
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,...
View More

2 Answers | Asked in Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

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?

Thomas. R. Morris
Thomas. R. Morris
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... View More

View More Answers

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Michigan on
Q: Do I need to hire an attorney? How can I get a copy of my purchase contract?

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... View More

Brent T. Geers
Brent T. Geers
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...
View More

2 Answers | Asked in Business Law and Employment Law for Michigan on
Q: Can I work for a staffing agency internally and as an employee contracted out by the agency to a client?

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... View More

Brent T. Geers
Brent T. Geers
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.

View More Answers

1 Answer | Asked in Business Law and Health Care Law for Michigan on
Q: Operating a diagnostic ultrasound facility in Michigan

Hi,

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... View More

Michael Zamzow
Michael Zamzow
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... View More

2 Answers | Asked in Business Law for Michigan on
Q: what's the rule of law? Im a business major and struggle to understand what it is especially in this case
Thomas. R. Morris
Thomas. R. Morris
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...
View More

View More Answers

2 Answers | Asked in Business Law for Michigan on
Q: Can money be returned after 6 months?

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... View More

David Soble
PREMIUM
David Soble
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.

View More Answers

2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

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... View More

Peter D. Mlynek
Peter D. Mlynek
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.... View More

View More Answers

2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: For a Video of themed addresses Owner Release / permission required if I only use publicly obtainable images and info?
Michael Zamzow
Michael Zamzow
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... View More

View More Answers

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
PREMIUM
David Soble
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... View More

View More Answers

1 Answer | Asked in Copyright, Business Law and Trademark for Michigan on
Q: If something isn't properly copyrighted or trademarked can it end up in the Public Domain?

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... View More

Michael Zamzow
Michael Zamzow
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...
View More

1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Our waste removal contract requires 60 day notice to cancel before our expired contract auto renews. Can we break this?

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... View More

Thomas. R. Morris
Thomas. R. Morris
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...
View More

1 Answer | Asked in Business Law for Michigan on
Q: Can majority merge LLC with a newly created LLC that has an Operating Ammendment to buyout partners involuntarily?

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... View More

Michael Zamzow
Michael Zamzow
answered on Jan 22, 2021

Maybe.

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....
View More

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Partnership withdrawal and contract debt dispute

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... View More

Patrick Duff
Patrick Duff
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... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Michigan on
Q: How do I divest myself of interest in an LLC; 50/50 Members in a dispute. Accountant says I can turn it over to State.

Accountant says I can turn it over to State of Michigan division of corporations.

Thomas. R. Morris
Thomas. R. Morris
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... 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.