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Arizona Business Law Questions & Answers

1 Answer | Asked in Business Law, Identity Theft, Small Claims and Criminal Law for Arizona on

Q: What are all the things someone can do to a small business that is breaking the law?

I own a delivery company it's a small business I have my LLC. I have contracts in three states and have just gotten one in Washington. I was wanting to know what the small business laws are for my company?

I don't know exactly how to word it but basically if someone does something to my... Read more »

Tim Akpinar answered on Jul 8, 2019

This is a somewhat open-ended question where attorneys could be hesitant to offer guidance; the list could be very broad and exhaustive. You could consult with an Arizona attorney to discuss your needs and budget, and address things that are reasonable and practicable to be concerned with. You... Read more »

1 Answer | Asked in Business Law and Employment Discrimination for Arizona on

Q: Can my business partner take everything we had because I wasnt on the LLC?

My business partner and I started a restaurant from the ground up. We raised the money on kickstarter and this was my first venture as a business owner. She had many other businesses. When we went to get the business license she told me that I coudnt be on it cause I had bad credit. We have made... Read more »

Peter H. Westby answered on Jul 8, 2019

Not being a member of the LLC is a disadvantage. But it sounds like you may have sufficient proof to establish that you were a partner in this business and, if so, you may be entitled to your share of any net sales proceeds after payment of the bills of the business. I recommend consulting with... Read more »

1 Answer | Asked in Business Law and Contracts for Arizona on

Q: What To Do When Client Stops Paying Monthly Contract?

A client signed a six month contract for let's say $18,000, and pay $3,000 per month. No work is completed before payment.

They paid the first month but not the second or any subsequent months.

I live in New York and the client lives in Pennsylvania.

What can I do--sue in... Read more »

Bruce Alexander Minnick answered on Apr 10, 2019

Since you live in New York and the potential defendant lives in Pennsylvania, it makes very little sense to sue for one month's worth of the contract because it will cost you at least that amount to do so. As to whether you should sue for the remainder of whatever it is you wanted to purchase, that... Read more »

1 Answer | Asked in Contracts and Business Law for Arizona on

Q: My subcontractor says that they have proprietary info they need my client to sign nda's, How do i protect myself?

I'm subcontracting a company to do security testing on a client. The subcontractor says that they have a master agreement and propriatary information that they need signed by the client. How would I go about doing that so that I'm protecting myself from them dealing directly with the client in... Read more »

Marcos Garciaacosta answered on Mar 12, 2019

That may be tricky.

You should have your own NDAs covering all yours and your subcontractors' bases as well as covering non-compete areas.

You should have your customers sign them, as well as your subs.

Hopefully the sub will be satisfied with that

Most NDAs are or...
Read more »

1 Answer | Asked in Contracts, Business Law and Internet Law for Arizona on

Q: I have a default judgement in Pima Co against seller in Washington state.

I purchased several gold coins at auction and paid by personel check. Seller has only provided one out of eight coins and I'm still owed about $8000 and other fees. Do I hire a lawyer in Pima Co or Washington state? I need to place a lien or attach seller's assets based on judgement.

Marcos Garciaacosta answered on Mar 4, 2019

It will depend on where the defendant is or has assets.

Most likely you need an attorney in that jurisdiction.

From the facts you mentioned it looks like you should look for an attorney in WA.

If you got a judgement in AZ, possibly you can domesticate it in WA and enforce...
Read more »

1 Answer | Asked in Business Law for Arizona on

Q: A partner and myself own a LLC in the state of Arizona. He passed away. He was the statutory agent. I filed a resolution

Changing the address of the company to my address and appointing myself as the new statutory agent as the only surviving member. His heirs are now threatening to dissolve the company. Can they do that? The company was not part of their family trust.

Peter H. Westby answered on Feb 21, 2019

The family of the deceased member might be able to dissolve your LLC. Your Operating Agreement may be of help. It may have provided a succession plan in the event one of the members died. I recommend that you consult with an attorney concerning your legal rights and best options for preserving... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Arizona on

Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring

There was an idea of me transferring and they hired somebody even though it wasn't set in stone transfer and now the transfer isn't going through so they want to demote me

Peter H. Westby answered on Dec 10, 2018

No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.

2 Answers | Asked in Business Law, International Law and Internet Law for Arizona on

Q: Can I sue a business partner in India for not releasing my contracts back to me?

An international attorney may best be suited to answer this question.

Richard Sternberg answered on Oct 23, 2018

Of course, but that may not be the question you want to ask. You want to ask “Where May I sue my partner for depriving me of my rights under my contracts with him?” That Answer depends on where the contracts were made; it may depend on where the contracts were intended to be performed; and it... Read more »

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3 Answers | Asked in Business Law for Arizona on

Q: Wasn't the uniform commercial code established to bring forth a universal system for all states and if so why?

Additional details to this question would be why the need for statues and codes that aren't in line with the uniform commercial code?

Tim Akpinar answered on Sep 11, 2018

The Uniform Commercial Code was established for standardizing transactions in a number of areas, including the sale of goods, negotiable instruments, banking transactions, letters of credit, secured transactions, and other areas. However, state and local legislatures can enact laws in these areas... Read more »

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1 Answer | Asked in Real Estate Law, Business Law and Business Formation for Arizona on

Q: Real Estate AZ. I am not a licensed realtor but can I set up an LLC company and receive referrals through the LLC?

Peter H. Westby answered on Apr 9, 2018

You can set up your business as an LLC but, if you will be performing services for others that are traditionally performed by licensed agents in Arizona, you will need to employ a licensed person and perform services under his/her license.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Arizona on

Q: We are representing ourselves in a litigation case against a home servicing company.

We are at the stage of opposing side asking to dismiss. The judge denied their request 3 times, One of the approved was the Breach of Contract to include a few other charges. I now need to follow up doing a rebuttal I believe it is called to the ones that the apposing side has defended requesting... Read more »

Michael Gerity answered on Mar 16, 2018

Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a full... Read more »

1 Answer | Asked in Business Law and Business Formation for Arizona on

Q: Forming an LLC with partner stationed overseas, while I live in Arizona.

Hi, I am getting ready to form an LLC together with my boyfriend, we will be a member-managed LLC. However when adding his name to the application I need to provide an address, but he is currently stationed in South Korea for a year, and we will be moving together to Guam after that.

How... Read more »

Peter H. Westby answered on Mar 9, 2018

If Arizona is his home state you should use the address that he provided the military if this is still a good address. If not, you should have him authorize you to use your address. When you relocate to Guam you will need to update your information. You will also need to maintain a local... Read more »

1 Answer | Asked in Business Formation and Business Law for Arizona on

Q: Dissolving my LLC

I have just received my LLC documents from legalzoom, i haven't signed any of them. Can i dissolve my llc without signing the documents because signing them is impossible, both my 2 other members live abroad. I did this mistake without knowing they must be US citizens. Can i dissolve my LLC... Read more »

Michael Gerity answered on Feb 9, 2018

Hello. You are experiencing first hand why these cut-rate online legal services are such a huge problem (and, I should add, how attorneys who do this kind of work often end up getting a fair amount of business trying to clean up all of the problems caused by these services.

Anyway, I'd be...
Read more »

1 Answer | Asked in Business Law and Business Formation for Arizona on

Q: I have a company name I want to use. There is LLC registered with the same name from nearly 15 years ago.

I can find little trace of them, only two generic business listings with only the information provided on the LLC application from 2003. I found his licence application for the same time period, it shows he never completed his state licence application. Don't think they ever went into business. I... Read more »

Peter H. Westby answered on Feb 5, 2018

I would use a different name. However, if this name is critical to your business, I recommend hiring a private investigator to locate the members of this LLC. Once located, you might negotiate a license to use the name or, perhaps, purchase the LLC itself. You must be certain that the LLC is... Read more »

1 Answer | Asked in Business Law for Arizona on

Q: Can a majority shareholder simply fire the entire board of a company with holding a formal shareholder vote?

Can a majority shareholder simply fire the entire board of a company WITHOUT holding a formal shareholder vote?

XYZ is an Arizona corporation with two shareholders, Alan with 51% share position, and Bill with 49% position. Can Alan fire the entire XYZ board as long as he informs Bill?... Read more »

Michael Gerity answered on Oct 2, 2017

The powers given to shareholders vs. directors vs. officers are generally going to be dictated by the bylaws for the corporation. The same goes for the specified process for removing directors from the board. You need to find the Bylaws and follow the process set forth there.

1 Answer | Asked in Business Law and Contracts for Arizona on

Q: I ran a farmers market for 2 years. When it started to fail in 2015, I closed the business. Do I still owe its debts?

I have a contract that I still owe some money on and it states the agreement is between the city of SV and the market. TY!

Michael Gerity answered on Sep 20, 2017

In a general sense, one of the goals of forming a business entity is to limit the liability of the owners to only what they put into the business and what it earns. However, the success of this goal depends on a lot of factors. You don't mention whether or not you actually formed a business... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Arizona on

Q: Hired n told i was going to make 11.37 a hr, got it on paper n found out im getting only ten, is that against the law

Got it on my phone, they told me 11.37 hr n i txt n ask if i was making 10hr n they txt back no your making 11.37 hr, but my check stub says 10 a hr n now after them telling they will change it to 11.37 a hr n give me back pay, but 2 months later still getting 10 a hr. Got all the info saved that... Read more »

Richard Michael Gee answered on Aug 21, 2017

Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Arizona on

Q: sign 60mth contract for security alarm. Moved out of state. Is it it voided now?

Signed security alarm system for 60 months at home address. Moved out of state. Does that contract now become voided and service should be cancelled with no penalties?

Michael Gerity answered on Aug 14, 2017

When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree.... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Arizona on

Q: Can you be sued for referring another professional? Ex. can a cabinet company be sued for a counter top company referral

Michael Gerity answered on Jul 31, 2017

The bad news is that anybody can sue anybody else for anything any time. Our legal system is fairly efficient at then weeding out the baseless cases, or at least more efficient than most, but you simply cannot stop somebody from suing if that is what they are bound and determined to do.... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Business Law for Arizona on

Q: My 7yr old son walked out of his daycare and was found wandering 2mi away.

He was not harmed or injured. Can I sue the day care for not providing supervision and allowing him to walk 2miles crossing major busy intersections and being found in a strangers apartmemt.

David Alan Wolf answered on Jul 14, 2017

Certainly, the day care center was negligent. From a practical standpoint, most attorneys limit their practices to cases involving some form of physical injuries. The laws, standards of proof, and collectible damages may be limited by the applicable law in place. Most personal injury attorneys... Read more »

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