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Michigan Business Formation Questions & Answers
2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 1, 2022

If you were an employee, maybe this is a wage and labor issue?

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1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Partnership withdrawal and contract debt dispute

If we started a buisness with 5 people and one of the partners volunteer to leave and just wanted what they put in and we oked that in the contract and signed it to be paid evenly between the last 4 partners and the after 5 months 3 of the partners paid there portion already but the last partners... Read more »

Patrick Duff
Patrick Duff answered on Jan 12, 2021

It will depend upon the language in the contract you signed to buy out the first partner. If the contract says each remaining partner is reliable for his/her own share, then you're ok. If it says the business is responsible as a whole, you may have to pay and go after the non-paying partner... Read more »

1 Answer | Asked in Business Formation for Michigan on
Q: I want to sell high quality and hand painted replacement pieces for board games like Monopoly, candyland, and others.

None of my products will have any of the trademark names of the games on them or the packages. My question is what laws do I need to consider for these kinds of complementary products if they have direct ties to a base product that may have trademarks or patent protection?

Tim Akpinar
Tim Akpinar answered on Jan 8, 2021

You may want to ask this question in the Trademark and Copyright sections - that's probably why it remained open for five weeks. It's more an intellectual property matter than a business formation matter. It looks like you recognized some of the relevant issues here as well, since you... Read more »

1 Answer | Asked in Business Formation and Civil Litigation for Michigan on
Q: If you post something online for a certain price do you have to sell it at that price or lower?

Let’s say some dealership is trying to be slick and use Facebook marketplace. They post a product for ridiculously cheap knowing that product is way more then the posted price. Could a consumer sue the dealer to get the product for the posted price?

Brent T. Geers
Brent T. Geers answered on Nov 15, 2020

As they say, "the devil is in the details". You would really need to ascertain what, if any, strings are attached to the offer, and whether you met all those conditions. Let's just say, for example, a store advertised new refrigerators for $100, but the conditions were that you had... Read more »

2 Answers | Asked in Business Formation and Copyright for Michigan on
Q: I want to make a baseball hat with these same initials. Can I do that?

I want to use the initials GTFO.

Steve Charles Vondran
Steve Charles Vondran answered on Nov 9, 2020

Go to USPTO search trademarks. See if anyone us using this in your classification. Also do a common law search (especially in the state you are planning to do business), and others. A lot of similar marks are allowed to co-exist, but do a little leg work and see what you find. Good legal. This... Read more »

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1 Answer | Asked in Business Formation for Michigan on
Q: Can an individual get a DBA/AN or is this only for businesses? If so, what paperwork is necessary? Thank you!

I would very much like to get official paperwork for an Assumed Name, but everything that I read online says that Assumed Names and / or DBA’s are for the names of a business rather than for just an individual. I've asked two lawyers, two businesses, and a city clerk, and so far, no one has... Read more »

Patrick Duff
Patrick Duff answered on Aug 13, 2020

If you are using the assumed name as an individual, that means you are operating as a sole proprietor. You can register the name of your sole proprietor business at the county level. Here is a link with some info:... Read more »

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Can I use the name wild Wonka for a business?
Michael Doland
Michael Doland answered on Dec 24, 2019

There appears to be no trademark under this name. That leaves Michigan ( conflicts of existing Michigan entities.

1 Answer | Asked in Banking, Business Formation and Business Law for Michigan on
Q: Use my personal address on a business bank account? Degree of risk of piercing the LLC veil?

Manager-Managed LLC in Michigan. I am the Manager (80%), my daughters are silent partners (5% and 5%). We are presently using a UPS Store Mailbox as the business address, but the bank will not allow it. The bank suggests using my personal address.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 10, 2019

There is nothing wrong in using a home or personal address as a business address.

1 Answer | Asked in Estate Planning, Real Estate Law, Business Formation and Business Law for Michigan on
Q: Want to start a Property Management Company in MI where I would purchase & rent the properties. What's required?
Trent Harris
Trent Harris answered on Jan 27, 2019

Business savvy and real estate management experience would be a good start. If you have those, you will be exposed to the various ownership entities real estate investors use to acquire and operate rental properties. You would have agreements and requirements for various independent contractors and... Read more »

1 Answer | Asked in Contracts, Banking, Business Formation and Business Law for Michigan on
Q: I am a minor in Michigan about to form an LLC. How can I enter into a contract on behalf of my company as a minor?

My parents are willing to sign for me on any legal documents.

I also have a few other questions:

What extra steps should I take when forming an LLC as a minor?

How do I open a business bank account for my LLC as a minor?

Brent T. Geers
Brent T. Geers answered on Jan 13, 2019

You will need your parents help with this. Other than that, you should be good-to-go.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: I'm starting an in-home caregiver business and don't know to hire employees or independent contractors.

I would give the "hire" a schedule and work tasks that each senior client requests. I would be running this business in Michigan. The hire would keep track each client visit and turn in to me a completed "task sheet" at the end of each week. I think that is about the extent of... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 12, 2018

Work for someone else until you learn the ropes. And don’t sign an agreement not to compete.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: LLC using a virtual address instead of using home address

I live in an apartment complex (Clinton Township, MI) and recently opened a LLC. I purchased a "virtual address" online - a Troy, MI address.

The Troy address is much more professional looking. It is not a location I can work from, it is just a location that can receive mail for... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Aug 8, 2018

The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is... Read more »

1 Answer | Asked in Business Formation, Consumer Law and Insurance Bad Faith for Michigan on
Q: Can a Financial Institution in Michigan add "Forced Place Insurance" on an Auto loan in light of the Wells Fargo suit?

On August 20, 2015, I entered into an Used Car Loan with People's Driven Credit Union (PDCU) in Southfield, MI for less than a $20k loan at 2.49% via Champs Auto Sales in Detroit, MI. My down payment was $5k & for six months I made timely payments of $420 ($2,520) then PDCU Forced Placed... Read more »

Adam Alexander
Adam Alexander answered on Apr 20, 2018

If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract... Read more »

1 Answer | Asked in Business Formation, Tax Law and Real Estate Law for Michigan on
Q: I formed one-member-LLC for a 6 units-house, where I also live. Do I have to register my LLC for Michigan state tax?

One website says "Register Your LLC for Michigan State Tax" but when I visited Michigan Unemployment Insurance Agency website, it says I am liable to pay Michigan Unemployment Taxes if my LLC "Has one or more employees in 20 different weeks within a calendar year" Am I myself... Read more »

David Soble
David Soble answered on Mar 13, 2018

If you are paying employees under your limited liability company, you will have to pay withholding taxes unless - state and federal taxes. Yes you need to register with the state. Your accountant can assist you with your paperwork and tax filings.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: If I create an acronym in order to advertise an event such as an open house do I have to have it licensed or approved?

A group of moms from church with small businesses and homemade crafts want to get together for a vendor show/open house. We can't identify ourselves with the church since it isn't a church sanctioned event, and we aren't from the Chamber of Commerce or any other official... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 6, 2017

That would be fine. Do you plan to hold these or other events again in the future? If so, you might want to give some thought towards incorporating. That would make the name associated with the organization permanent.

If it's a one-time thing, it probably wouldn't be worth the hassle.

1 Answer | Asked in Business Formation and Real Estate Law for Michigan on
Q: A farmer who was going to lease my property this year planted wheat last year without having a lease for my property

no payment for rent was ever made it now legally mine?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 24, 2017

This depends on whether or not a Tenancy by sufferance was created. Did he lease the land last year? Did you intend to reduce this to writing but just never got around to doing that? Was there some sort of VERBAL lease (never a good idea, but it is OFTEN done particularly with farm land!) Has the... Read more »

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: I am a Member of a 2 member LLC, i am looking to buy out my partner with business funds. Is this legal? in Michigan

We have no operating agreement but are in complete agreement about an equal payout for 50% interest in the company. At which point the other member will withdraw from the LLC. What Documentation is Necessary and what are the tax implications? Is it possible to structure the payout as part cash and... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Feb 6, 2017

All of that is possible, since an LLC is essentially a partnership in corporate form providing limitations on the personal liability of the members. Even a simple bill of sale would be sufficient documentation. The tax impact depends on the other member's "capital account," as for... Read more »

1 Answer | Asked in Business Formation and Legal Malpractice for Michigan on
Q: Do layers have to be licensed to practice law in Michigan and if so who issues them the secretary of state?
Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

Lawyers must be licensed through the Supreme Court of Michigan.

1 Answer | Asked in Business Formation for Michigan on
Q: registering a LLC for foreigners "a partnership with a secretary of the state" means that they are partners of my profit
Adam Studnicki
Adam Studnicki answered on Jul 25, 2015

There is no question here. Talk to a local business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Business Formation for Michigan on
Q: If my LLC has elapsed ( due to non-payment of filing fee ) how can I reinstate it?
Charles Snyderman
Charles Snyderman answered on Jul 4, 2014

What State did you form the LLC in?

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