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North Carolina Business Law Questions & Answers
2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
Will Blackton
answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
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1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: Can I form a nonprofit to help me support my 91 yo mother who suffers from alzheimers and dementia?
N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

The purpose of a nonprofit is to provide resources or other support to a specific group of people who need the resources and support. To be approved for nonprofit status, a business or organization must describe its mission to the government. Then the government will decide whether the mission is... View More

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: Can a senior stockholder refer to a contracted consultant as president of the co. in contracts without their knowledge?

Senior stockholder has kept company afloat, and now wants to liquidate some assets. Today he referred to me as president of the company to a prospective buyer, when I have not agreed to serve or been asked to serve in that capacity. I am under contract as a Consultant.

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Sure, a senior partner "can" make such a statement. But that doesn't necessarily mean that doing so is justified or is without consequences.

However, a few of the really important questions are (1) why the senior shareholder would make the statement, (2) how the statement...
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1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Do I have any legal grounds for a shipping company losing my brand new truck?

I custom ordered a vehicle was I was working in Massachusetts. The vehicle build took five months but it arrived at the dealership and I financed it. Friday I paid Safemile Auto transport to deliver the vehicle from the dealership to my driveway. The receipt says pick up on Friday, delivery by end... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

If you haven't already, you should file a claim with any and all insurance/warranty companies involved.

The shipping company will probably argue that their subcontractor is liable, instead of them. But that's not necessarily so.

The contract might say that you'd have...
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1 Answer | Asked in Business Law for North Carolina on
Q: I want to file an NCUC Form CE-1 to get a CERTIFICATE OF EXEMPTION TO TRANSPORT HOUSEHOLD GOODS.

Where do I find an attorney to do that? Do I have to have an attorney prepare it for me?

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Someone considering filing an NCUC Form CE-1 may find an attorney through an online search, direct referral, or perhaps the North Carolina Bar Association Lawyer Referral Service.

Various types of attorneys handle government filings for business clients. Some such attorneys may identify as...
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1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... View More

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: can someone sell a leased item as their own and not let the lease owner know?

I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... View More

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Truck driving school in Charlotte NC stole pur money and misrepresented their contract.

My husband went to 160 Drive Academy in Charlotte NC we paid almost $5,000.00 out of pocket. the contact from the school states it is a 4 week class. My husband as been at this school for months and still has not graduated.

And had to pay an extra $1,200.00 dollars to the school. Which is... View More

Nick Benjamin
Nick Benjamin
answered on Nov 10, 2022

You will probably get more responses if you post this in a contract or business category - this is not a criminal case as it is categorized.

1 Answer | Asked in Family Law, Business Law and Divorce for North Carolina on
Q: My husband started a business 5 months before we separated.

He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Oct 11, 2022

Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... View More

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is this legal?

I recently hired a small cleaning service to deep clean my home and paid a $213 deposit. No contract was signed. The Monday prior to my Thursday appointment my family tested positive for covid. I contacted the business immediately. The owner has said that since she can’t find another appointment... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 6, 2022

Is it illegal as in the cleaning service can be charged with a crime? No. It's a dispute over the terms of a verbal contract. You say you were never told the deposit was non refundable. They say you were. With nothing in writing, this is a "he said, she said" situation with no... View More

Q: Can I sue a business who made me get costly insurance and certifications to work with them if after I do so they ignore?

I had been in talks with a large college for over a year about running my mobile business on campus, I moved states, and got the insurance/ certifications/ inspections they told me I had to get to work with them (all of which costed money) and after doing all that specifically for this school,... View More

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. It could be difficult for ANY attorney to answer your question based on these brief facts. An attorney would likely want to see agreements, contracts, and communications between you and the business. If you... View More

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

Q: Water main broke. Flooded basement, washed out gravel, dirt, grass. Insurance claim denied as 'act of God'!?

God did not lay the pipe! Utility vendor insurance carrier says not liable for damages as no work had been done that was faulty, just normal wear. But also claimed 100 year pipe, only been 50 years in. Another main burst 100 yards down road yesterday. My damage was 4 weeks ago. Should I file... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2021

A North Carolina attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys with experience in civil litigation and property & casualty losses. This has the makings of a complex,... View More

1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: If I wanted to use pura vida yoga for my business name, is that okay?

I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.

Ina Shtukar
Ina Shtukar
answered on Feb 15, 2021

I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Does the risk of coronavirus make a commercial premises “damaged” and “untenentable”?

I am a tenant and owner of a counseling service, no longer holding in-person sessions at my rented office space due to the threat of coronavirus. Since the space continues to be unfit for the business purpose for which I entered the commercial lease contract, can I claim the space is “damaged”... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2020

This looks like an issue that a North Carolina landlord-tenant attorney would know the most about. Your post remains open for four weeks. Although there are no guarantees that every question is picked up, you might have better chances of a reply under the Landlord-Tenant category. Good luck... View More

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for North Carolina on
Q: Business partner locked me out of all company-related accounts. Both are 50% owners. What can I do? Details below.

My business partner got power-hungry and locked me out of my company email and quickbooks account as well as the bank account. She has contacted customers and told them to cease further communication with me. What can I do legally? I am 50% shareholder and a company officer.

State: NC... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2020

A North Carolina attorney could advise best, but you await a response for two weeks. Your post could be a little bit difficult to respond to. Unlike many of the basic general legal questions that are posted here, your matter appears complex in nature. To give you any kind of meaningful guidance, an... View More

Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson
answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson
answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More

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