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Arizona Business Law Questions & Answers
1 Answer | Asked in Business Law for Arizona on
Q: Is it possible to create an agreement that would give all IP rights produced by one company to another?

My company is considering making an IP Holding company and is interested in moving all the Intellectual Property rights over to the IP Holding company. We know that we can do individual Intellectual Property Assignments of our IPs, but were wondering if it would be possible to create a general... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The answer to your question depends on the type of IP rights you are seeking to transfer. If you are talking about patents, you can do an assignment agreement for a group of patents/applications that will have to be recorded in the patent office for each patent/application. This agreement will... Read more »

1 Answer | Asked in Business Law and Criminal Law for Arizona on
Q: I have a business that I loaned money to for startup and they stopped payments after the 2nd payment.

I have already gone thru the courts and filed a judgement and still nothing. There has to be a way to enforce payment or jail for such actions owes me $250k. The state can jail you for non payment why don't I have the same ability?

K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

There are law firms that specialize in collection of judgments. You can contact them to see if there are any avenues you can pursue to collect the judgment. If you believe the business was engaged in fraud, you can contact the Arizona Attorney General's Office to file a complaint and see if... Read more »

1 Answer | Asked in Business Law and Small Claims for Arizona on
Q: how do I have someone arrested or charged with theft of services

I provided services to an Airbnb home for 3-4 months. the owners have not paid for the last 3 months.

Mike Branum
Mike Branum answered on Sep 19, 2019

This is a civil matter (contract dispute). If the amount is $10,000 or less, you may file a claim through small claims court without hiring an attorney. You must make sure that you have any documentation of your agreement or the services you provided and if you are to present any witnesses you need... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Securities Law for Arizona on
Q: I am seeking a R E attorney close to the Mesa area for a long term relationship, who can help me with creative deals.

I also require advise with private loans.

Looking for references. Please!

Tim Akpinar
Tim Akpinar answered on Sep 14, 2019

This isn't a referral service; it's just a question and answer board. If you want to find an attorney, you could contact those on this site under the Find-a-Lawyer tab above, conduct your independent searches, or try the State Bar of Arizona. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: Is a non-compete agreement transferable when a company changes its name and principles are different
Peter H. Westby
Peter H. Westby answered on Aug 26, 2019

A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on
Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC... Read more »

Karima Gulick
Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 »

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