Alabama Business Law Questions & Answers

Q: Can my sons father fill out a Birth Certificate/affidavit without my consent? Is hospital liable for this?

1 Answer | Asked in Business Law and Family Law for Alabama on
Answered on Jul 16, 2018
Mr. James Parrish Coleman's answer
He can execute an affidavit of paternity saying he is the father without your consent. You should talk to the hospital. The mother is the person who usually provides information like the name.
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Q: Can I cancel or rescind a timeshare sampler purchased 3 days ago?

1 Answer | Asked in Contracts and Business Law for Alabama on
Answered on Jul 10, 2018
Michael Hales' answer
My recollection is that sample packages do not have the typical recession rights as a true timeshare purchase. That being said, you may still have some options if you'd like to get an attorney involved and depending on how the purchase was structured.
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Q: Could the 2017 Code of Alabama Title 7 - COMMERCIAL CODE. Section 7-2A-103 and 108 be applied to a retail space lease?

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Answered on May 24, 2018
Mr. James Parrish Coleman's answer
Are you subject to a written lease? If so, read the lease. The duties as to fees and such things are spelled out there. If the landlord has violated the terms of the lease, you may be able to break it and move out. Take the document to an attorney and get him or her to read it carefully and explain it to you. The lease document means what it says.

Q: Can I own a construction company, and a rental company?

1 Answer | Asked in Business Law for Alabama on
Answered on May 3, 2018
Benton R Patterson III's answer
There is nothing inherently illegal about owning one company that rents equipment to another company you also own. In fact, this may be a useful structure to limit a creditor's ability to go after the equipment. Although, you must properly account for and pay taxes on the transactions. You also must maintain corporate records for both businesses.

Q: Are Alabama Non-Profit Corporations tax exempt? Are donations made to them tax-deductible?

1 Answer | Asked in Tax Law and Business Law for Alabama on
Answered on Dec 6, 2016
D. Mathew Blackburn's answer
When properly established non-profit entities are exempt from federal and state income taxes, property tax, personal property tax, and state sales and use tax on purchases. They are still subject to employment tax withholding, sales and use tax withholding on sales of goods, and excise taxes. For the state tax issues I would highly suggest seeking a local tax attorney. You may have to apply separately for some or all of these exemptions and the applications tend to be extensive....

Q: Seeking the alabama code that requries all incorporations to be represented by an attorney in court

1 Answer | Asked in Business Law for Alabama on
Answered on Jan 27, 2013
Charles Snyderman's answer
In small claims court, representation by an attorney is optional. ALA CODE § 12-12-31 : Alabama Code - Section 12-12-31

Q: Do i need a lawyer to get a liquor license in the state of alabama

1 Answer | Asked in Business Law for Alabama on
Answered on Apr 21, 2011
Mr. Joshua Benjamin Key's answer
Not necessarily. It really depends on what your total situation is. If you are just trying to get a license for a job or other reasons you should contact the district office that works the county where the retail establishment is located and they should be able to provide all of the necessary instructions. However, if it is a business venture you are starting I would tell you that you should consult a lawyer to discuss the risks involved and ways to mitigate them.

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