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Tennessee Business Law Questions & Answers
0 Answers | Asked in Business Law and Employment Law for Tennessee on
Q: I have an Illinois registered LLC that is employing a TN employee. What do I need to do to comply with the law?

I do not plan on conducting business in the state, I only have a remote employee working from home in the state. I have registered the new hire - what else do I need to do to ensure I comply with the law?

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Q: I have an Illinois registered LLC that is employing a TN employee. What do I need to do to comply with the law?
Frank J. Steiner
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answered on Nov 12, 2024

If you plan on conducting any business in Tennessee, you will need to register with the secretary of State. This can be completed online.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Do I legally have to include LLC in my marketing materials with the logo/wordmark in the state of Tennessee?

We have a logo for branding and advertising and I'm wondering if we legally have to include LLC in our forward-facing marketing efforts. It hurts the branding to include it and it counterproductive from a marketing standpoint.

Anthony M. Avery
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answered on Nov 4, 2024

Without the LLC stated you are representing your business as a sole proprietorship. You might get personally sued.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Copyright for Tennessee on
Q: If Apple, rakuten, Barnes and Noble are selling my ebooks without my permission even after cease and assist what do I do

I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More

James L. Arrasmith
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answered on Sep 11, 2024

If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More

1 Answer | Asked in Business Law for Tennessee on
Q: i am looking to sell my llc and my partner is under the assumption he will get back all of his initial startup costs

before our percentage split is this true as we dont have an operating agreement

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 3, 2024

The sell and distribution of proceeds would be controlled by statute. The statutes that deal with this are more complex- and this is a simplification: If someone is buying the entity - creditor's claims would be dealt with first. After paying creditors if there are funds left over - any... View More

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Amazon/eBay reselling Are people restricted to only reselling non branded products?

My partner and I are wanting to start an online e-commerce business buying and reselling non branded products from Alibaba. Would it be wise to stick with only selling non branded? Do we need a license to sell branded products?

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Starting an e-commerce business reselling products from Alibaba is a great venture, and understanding the legal landscape for reselling branded versus non-branded products is crucial for your success.

Here are some important points to consider:

Non-Branded Products: If you're...
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1 Answer | Asked in Business Law for Tennessee on
Q: Tennessee Is a business owner allowed to restrict guest from bringing in a gun while the business owner can have one?

I’ve read putting up a “no guns” sign assumes liability on the business owner if something were to happen. If that’s the case, wouldn’t a business owner still be able to safely store a weapon in a secure safe and be able to use it if needed?

Anthony M. Avery
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answered on Aug 21, 2024

Yes but as a gun owner I could and would not go to your business. It is your business....

1 Answer | Asked in Criminal Law and Business Law for Tennessee on
Q: Former employer, have received a subpoena by State of TN against former employee for theft. Should I hire counsel?

Employee was caught stealing from a client's home. After an internal investigation, this incident led to the release of the employee (the employee actually resigned before he was fired). Now I have received a Subpoena from the State of Tennessee in its case against the former employee. This... View More

Anthony M. Avery
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answered on Aug 12, 2024

Probably no need for your own lawyer. You are a witness for the State in a criminal manner. Just testify truthfully and clearly.

1 Answer | Asked in Business Formation, Business Law and Employment Law for Tennessee on
Q: I was terminated for closing the store 13 minutes early. When the manager(S) knew I couldn't stay til closing.

Ive never had a warning or write up. I was suppose to close at 12AM. Due to my transportation issues ATM the mangers were very aware that I wouldn't be able to stay til 12. I left that store at 11:47pm . And the manager lied and said I closed and left the store 45 minutes early. It... View More

Anthony M. Avery
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answered on Aug 5, 2024

TN is a terminable at will employment State.

1 Answer | Asked in Business Law for Tennessee on
Q: Hello my sun passed on 4-20-24 he was never married but has a daughter he left no will she is sole beneficial 13yold

She lives with grandparents and has most of her life mom is a felon and recovering addiction dad left 14000 in bank accounts and a car need help with probate

Anthony M. Avery
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answered on Jul 8, 2024

Hire an attorney to file a Small Estate Affidavit Probate. Statute now requires alot more work, but you should still come out ahead with that type of assets.

1 Answer | Asked in Business Law, Civil Rights, Landlord - Tenant and Municipal Law for Tennessee on
Q: Can a hotel take my belongings without informing me that my payment for services didn't go through?

Hotel located in Tennessee.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, we need to consider a few key aspects of Tennessee law and general hotel practices:

1. Payment issues:

When a hotel guest's payment doesn't go through, the hotel typically attempts to contact the guest to resolve the issue before taking...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

2 Answers | Asked in Car Accidents and Business Law for Tennessee on
Q: I am having trouble finding a lawyer to help with a commercial property damage claim/insurance company.

Someone drove their car into our building and it took out our HVAC unit/ductwork and damaged the metal building wall through to the inside. The insurance company refuses to pay the full amount - they approved the estimate we sent but insist on depreciating the value of the 5 year old unit which... View More

Anthony M. Avery
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answered on May 17, 2024

Hire an attorney file suit against all liable parties, such as driver, car owner, lessor, etc. If under $ 25K in damages, I would sue in Sessions to get to Court faster and cheaper. But you will probably have to try it twice that way. Owner may be judgment proof, so expect to recover from... View More

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1 Answer | Asked in Business Formation, Business Law and Tax Law for Tennessee on
Q: Does a DE nonprofit have to file a foreign qualification in TN if the sole member/directors merely lives in Tennessee?

No business will be conducted in TN. The DE Nonprofit will not actively be seeking out donations or soliciting donations particularly from TN residents, although the NP may accept donations from TN residents. Solicitation of charitable donations will be passive from the NP website.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it is unlikely that the Delaware nonprofit would need to file a foreign qualification in Tennessee solely because one of its directors or members lives there, as long as the nonprofit is not actively conducting business in the state.

However, there are a...
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1 Answer | Asked in Criminal Law, Employment Law and Business Law for Tennessee on
Q: Can you be prosecuted for something you did not know was wrong?

Can you be prosecuted for something you did not know was wrong?

I work at A rent to own place and I put items on rent for a coworker in my deceased grandmother’s name. The coworker makes on time payments never missed one. It’s not for a ridiculous cheaper price they still pay more than... View More

Anthony M. Avery
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answered on Mar 20, 2024

Yes... If charged with theft, etc., hire an attorney to represent you. Also be prepared to make bond. Do not talk about it, but you have already admitted it.

2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More

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1 Answer | Asked in Contracts, Traffic Tickets and Business Law for Tennessee on
Q: What can I do in this situation?

So my temp tags expired on March 3rd and on March 6th I got pulled over for expired tags. Now I'm having to book in and out of jail to get a court date all because the dealership never sent my title package out until 8 days after the registration expired. I went to the county clerk and they... View More

Henry Ambrose
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answered on Apr 8, 2024

Tell the dealer you need a new temp tag. Take it to court with you and explain. If you can't hire a lawyer ask to have a lawyer appointed to represent you in criminal court.

1 Answer | Asked in Banking, Business Law and Constitutional Law for Tennessee on
Q: Do banks have to provide documentation if requested?

Cashapp put a temp hold on $309.09 and then never released it. They keep telling me it was put back into my account but will not provide documentation of this. And I have requested it 5 times now.

James L. Arrasmith
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answered on Mar 11, 2024

Yes, banks and financial institutions are generally required to provide documentation related to your account upon request. This is part of their responsibility to maintain accurate records and to provide transparency to their customers.

In the case of Cash App, which is a financial service...
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1 Answer | Asked in Business Law for Tennessee on
Q: HowLong can a board member be on the board ?

We have a board member who controls the board and has for seven years no elections self appoints other to be on the board

James L. Arrasmith
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answered on Mar 4, 2024

The length of time a board member can serve on a board largely depends on the organization's bylaws or governing documents. These documents typically outline the terms of board members, including how long they can serve and the process for elections or appointments. If there are no term limits... View More

1 Answer | Asked in Business Law for Tennessee on
Q: I have an EIN number from Illinois from 4 yrs ago. Can I use that number for a new company here n Chattanooga?

Sub chapter S. The company is dissolved, but was thinking of using the same name.

Anthony M. Avery
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answered on Feb 29, 2024

If the S corporation no longer exists, that would be a false return to the IRS. So get your corporate entity active again, and then get and use the assigned EIN.

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