Banking Questions & Answers

Q: What type of agreement is required for investors who will have shares in one website within my publishing company?

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts on
Answered on Jun 15, 2018
Benton R Patterson III's answer
There is not a standard agreement for this. You will need a custom agreement. What you are describing may also qualify as a security and be regulated by the Securities and Exchange Commission.
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Q: I was cursed of being a $100 short and got fired what should I do

2 Answers | Asked in Employment Law, Family Law, Banking and Employment Discrimination for Georgia on
Answered on Jun 15, 2018
P. Justin Thrailkill's answer
You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.
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Q: My father has a bank acct. in PR and has passed away.My Brother is executor.Can His stepmom close the bank acct.?

1 Answer | Asked in Banking and Probate for Illinois on
Answered on Jun 14, 2018
Drew Ball's answer
If your brother is the executor he needs to file the necessary paperwork with the Court in the County where your father resided at the time of his death. That being said, there is a significant amount of work that must be put into your father's estate to ensure it is properly handled. You and your brother would be well advised to retain an attorney on behalf of his estate to handle these matters. I wish you the best.
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Q: If I forward money from a Singapore entity to a US Client, would the Singapore entity need any licenses?

1 Answer | Asked in Banking, Business Law, International Law and Securities Law on
Answered on Jun 9, 2018
Richard Sternberg's answer
From whom? For what? It is not illegal and no licenses are required by US law to transfer money to a US entity or person, but there may be issues in Singapore or issues involving other aspects of the transaction. If I’m doubt, run the transaction past a lawyer in a consult. Often, consults can be purchased as independent services.
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Q: Can my landlord request to see my bank account balance monthly

1 Answer | Asked in Banking and Landlord - Tenant for Florida on
Answered on Jun 8, 2018
Alex McClure's answer
It depends on what your agreement is. If you sign to those terms, then those are your terms. If you do not, then they are not.

There is no required provision for what you describe in FL, but again its up to your agreement that you sign.
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Q: I received a bad check from an address in New York. Is there anything I can do about it or with it?

1 Answer | Asked in Consumer Law, Criminal Law and Banking for Missouri on
Answered on Jun 7, 2018
Ronald J. Eisenberg's answer
You can post it on Facebook.
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Q: Hi. I work for a bank, and have to pre-clear with them if I want to buy stocks. Do I have to pre-clear for ETFs as well?

1 Answer | Asked in Banking, Business Law, Contracts and Employment Law for New Jersey on
Answered on Jun 6, 2018
H. Scott Aalsberg Esq.'s answer
More information is needed to specifically answer your question, but your best bet is to ask your employer and get it in writing.
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Q: I had gotten an inheritance in 2011 and havent filed taxes since or worked and Minnesota seized 28k from my bank

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Tax Law for Minnesota on
Answered on Jun 6, 2018
Eric Steven Day's answer
The IRS has the right to file what is called an SFR - substitute for return on your behalf. If they see a substantial amount of income that was reported to them from third-parties, they will likely conduct an audit of your account and force the preparation of a tax return. Once there is an assessment, the government has the right to levy money from you bank account in satisfaction of that tax debt. They do have to provide you with notice, and you have the right to appeal the collection...
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Q: i am separated from my spouse for 25years but sill married. can debtors take money from my bank for HIS medical bills?

1 Answer | Asked in Banking for New York on
Answered on Jun 6, 2018
Michael David Siegel's answer
While unlikely, under the "doctrine of necessaries", it is technically allowed for a creditor of medical bills to pursue you.
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Q: Can my landlord request to see my bank account balance monthly

1 Answer | Asked in Banking and Landlord - Tenant for Florida on
Answered on Jun 3, 2018
Steve Louis-Charles' answer
Absolutely not... Such a request by a landlord is greatly irregular and intrusive. It may not be sanctioned by law. Where do you rent and what are they, some type of cult?
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Q: My cousin fraudulently opened a bank account in my name in 5/16 has the statue of limits already exceeded for acivil cas

1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Rhode Island on
Answered on May 27, 2018
Neville Bedford's answer
Lot of questions here - Were you under a conviction whilst in jail? (then you may have been civilly dead under the law) That will have some impact on the analysis. When did you discover the identity theft ? Did you file a police report? Put a lock on the three credit bureaus ? Was she prosecuted? convicted? Was restitution ordered? If you wish to hire and pay private counsel to press the civil action, you should make sure you get it filed less than three(3) years after the incident (or since...
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Q: My wife passed away earlier this year. She had no joint accounts with me, her husband. She also left no will. Under the

1 Answer | Asked in Banking, Estate Planning and Probate for California on
Answered on May 25, 2018
John B. Palley's answer
Please understand I am giving general information here and you should consult with an attorney for specifics. I would say it depends on if the accounts were "community property" or "separate property." CP is generally monies earned by either of you, during marriage, from your work, assuming no pre or post nuptial agreement is in place. If CP I would say you are entitled to 100%. SP would be other money. If one kid it's 50% to kid and 50% to you. If more than one kid it's 1/3 to you and 2/3...
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Q: What is the waiting period for a deceased persons bank funds to be released to the heir in AL with affidavit of heirship

1 Answer | Asked in Banking and Probate for Alabama on
Answered on May 25, 2018
Jack T. Carney's answer
It is actually 60 days. The affidavit for small accounts is governed by the banking code. The relevant section is below:

“Section 5-5A-39

Disposition of small deposits of deceased person - Time for payment; when payment prohibited.

No payment shall be made pursuant to Section 5-5A-38 by the bank before the lapse of 60 days from the date of the death of the deceased, and no payment shall be made by the bank under this section if letters testamentary or of administration...
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Q: Can I sue my job for not paying me after a check bounced and get reimbursed for the overdraft fees my bank charged me?

2 Answers | Asked in Banking, Employment Discrimination, Employment Law and Small Claims for New York on
Answered on May 23, 2018
Michael David Siegel's answer
You can sue, and you can also file a complaint with the Department of Labor.
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Q: Hi, I’m 18 and I was wondering if I could collect the child support money and put it into my bank account?

1 Answer | Asked in Banking and Child Support for Alaska on
Answered on May 22, 2018
Terrence H Thorgaard's answer
Child support is not owed to the child, but to the custodian. The person with whom you are living could possibly seek child support from your parents.

Q: I was just curious if it is illegal to let someone look at your check and compare it to theirs

2 Answers | Asked in Employment Law, Antitrust, Banking and Business Law for New Jersey on
Answered on May 19, 2018
Salim U. Shaikh's answer
If checks are lying openly for individual collection and looking at by others cannot be termed as illegal unless there are certain limitations imposed by the employer to keep it confidential from others. Employer's liability would likewise be engaged if they failed to safeguard confidentiality which otherwise breached by others deliberately or by chance.

Q: Who has the right to an abandoned safety deposit box after the death of a parent. The children or spouse?

1 Answer | Asked in Family Law, Banking and Civil Rights for Louisiana on
Answered on May 18, 2018
Douglas Lee Bryan's answer
It depends on whether the decedent had a will and/or whether the contents were the separate or community property of the deceased. If community, the naked ownership of the contents would be the childrens' but the spouse would have the use of it. If separate, full ownership would belong to the children.

Q: In CT, If my second mortgage was written off as a bad debt in 2013, can the mortgage company continue charging interest?

1 Answer | Asked in Banking, Contracts and Foreclosure for Connecticut on
Answered on May 10, 2018
Christopher H. McCormick's answer
Unfortunately for you yes. Charge off is a credit reporting action, but does not affect your underlying liability under the note and mortgage you signed with the creditor. A charge off combined with the release of your second mortgage would have provided you the ability to avoid the payoff of the second mortgage. In situations like this it is difficult refinance your mortgage debt since despite the charge off Bank's usually do not discount debts for refinances you can try to negotiate, but you...

Q: I have been in a dispute against an prepaid visa company. They took $260 og m y money with no explanation. What can i

1 Answer | Asked in Banking for Oklahoma on
Answered on May 9, 2018
David Humphreys' answer
Hire a lawyer and sue them under either the EFTA and:or the Fair Billing Act.

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