Business Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Business Law Questions & Answers
Q: Does New Jersey corporate law require shareholder approval before executing a stock reverse split?
Cary B. Hall's answer
You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.
You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.
Q: I have an ESA dog and the office we are leasing is not allowing my dog to be here. Do I have the right to bring her?
Thomas A. Grossman's answer
The easy answer is that you can find out what your rights are on the internet. Just look up a website called "Dogs for Better Lives." Their website is www.dogsforbetterlives. They provide a lot of information.
I assume that an "ESA dog" is an "emotional support dog." That may pose some problems. While I am familiar with service dogs for the blind, hearing-impaired, and handicapped (who are usually trained for a specific task), I don't know what kind of training an ESA dog gets....
The easy answer is that you can find out what your rights are on the internet. Just look up a website called "Dogs for Better Lives." Their website is www.dogsforbetterlives. They provide a lot of information.
I assume that an "ESA dog" is an "emotional support dog." That may pose some problems. While I am familiar with service dogs for the blind, hearing-impaired, and handicapped (who are usually trained for a specific task), I don't know what kind of training an ESA dog gets....
Q: Can my business partner threaten me that, when I leave a company I have to pay him back 25% of his investments?
1 Answer
| Asked
in
Business Formation, Business Law and Employment Discrimination
for
New York
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
Q: How many years is considered a statue of limitations in the case of defamation?
1 Answer
| Asked
in
Business Law, Civil Litigation, Libel & Slander and Personal Injury
for
Texas
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
Kim Jones Penepacker's answer
Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who practices in this area to evaluate when the clock on the statute of limitations started running and to evaluate if you are still within that time period.
Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who practices in this area to evaluate when the clock on the statute of limitations started running and to evaluate if you are still within that time period.
Q: For small claims if my company is in LI NY but company in Westchester and job in NYC. Where do I file claim?
Michael David Siegel's answer
I would do Manhattan, not LI. Westchester OK too. But $3000 is limit for small claims in suburbs. NYC limit is $5000.
I would do Manhattan, not LI. Westchester OK too. But $3000 is limit for small claims in suburbs. NYC limit is $5000.
Q: I live in California and i’m month to month on my lease
2 Answers
| Asked
in
Business Law, Land Use & Zoning and Real Estate Law
for
California
on
Answered on Jun 20, 2018
Answered on Jun 20, 2018
Thomas A. Grossman's answer
Assuming you have a written month-to-month rental agreement, a landlord can change the terms of the agreement (e.g. increase the rent) upon giving you 30 days notice. You can either accept the additional $30/month in rent, and continue living where you live, or you can leave within 30 days and find a new place to live. I have not seen the exact wording of the note that the landlord left on your door, but if it does not give you proper Notice, then you can ignore it. 30-day notices must be...
Assuming you have a written month-to-month rental agreement, a landlord can change the terms of the agreement (e.g. increase the rent) upon giving you 30 days notice. You can either accept the additional $30/month in rent, and continue living where you live, or you can leave within 30 days and find a new place to live. I have not seen the exact wording of the note that the landlord left on your door, but if it does not give you proper Notice, then you can ignore it. 30-day notices must be...
Q: How does a subchapter S corporation differ from a standard S corporation (if at all)?
John Espinosa's answer
To become an S corporation requires specific action under particular circumstances in exchange for some possible tax benefits. Here are some helpful resources that explain more:
https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations
https://www.mass.gov/service-details/s-corporations
To become an S corporation requires specific action under particular circumstances in exchange for some possible tax benefits. Here are some helpful resources that explain more:
https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations
https://www.mass.gov/service-details/s-corporations
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
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.
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.
Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?
Nicole Theodore's answer
If you will be maintaining the Florida business and simply adding an additional office in Georgia, you can apply for a Certificate of Foreign Authority with the Georgia Secretary of State's office. The COFA is for businesses that have a main base of operations in another state, but also have a supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...
If you will be maintaining the Florida business and simply adding an additional office in Georgia, you can apply for a Certificate of Foreign Authority with the Georgia Secretary of State's office. The COFA is for businesses that have a main base of operations in another state, but also have a supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...
Q: If im incorporated at a address can someone use the same address or threshold
1 Answer
| Asked
in
Business Formation, Business Law and Civil Litigation
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist
Nicole Theodore's answer
Yes. Even though your business is mobile, you will need an occupational tax certificate (business license) issued by the local government in which your principal office is located. You would have indicated where your principal office is when you filed your articles of organization/incorporation for your company with the Georgia Secretary of State's office.
Yes. Even though your business is mobile, you will need an occupational tax certificate (business license) issued by the local government in which your principal office is located. You would have indicated where your principal office is when you filed your articles of organization/incorporation for your company with the Georgia Secretary of State's office.
Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company
Aubrey Claudius Galloway's answer
You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.
You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.
Q: Wantingto put my business in our mall ,Its unique fried ice cream roll business but the Dairy Queen lease might stop it
Drew Ball's answer
You should contact an attorney to review the lease and/or the facts about DQ's conduct that you are indicating are interfering with your business. You may have the ability to assert some type of civil claim in hopes of encouraging the mall to lease a location to your business, but again a thorough review of the documents and facts would be necessary for us as attorneys to accurately advise you. I encourage you to reach out to an attorney directly for a consultation. I wish you the best.
You should contact an attorney to review the lease and/or the facts about DQ's conduct that you are indicating are interfering with your business. You may have the ability to assert some type of civil claim in hopes of encouraging the mall to lease a location to your business, but again a thorough review of the documents and facts would be necessary for us as attorneys to accurately advise you. I encourage you to reach out to an attorney directly for a consultation. I wish you the best.
Q: Can we hold a company to honor a contract it the salesman who wrote the contract is gone ?
Alexander Florian Steciuch's answer
Yes. If you entered into a contract with a salesman who was employed or representing the business at the time you entered into the contract, the salesman can bind the company he or she represented at the time.
There may be other considerations, but a company cannot get out of a contract because the employee or person who worked for them and agreed to the contract is no longer there.
Yes. If you entered into a contract with a salesman who was employed or representing the business at the time you entered into the contract, the salesman can bind the company he or she represented at the time.
There may be other considerations, but a company cannot get out of a contract because the employee or person who worked for them and agreed to the contract is no longer there.
Q: What happens if a person does before they sign they're WILL?
1 Answer
| Asked
in
Contracts, Family Law, Business Law and Probate
for
Colorado
on
Answered on Jun 13, 2018
Answered on Jun 13, 2018
John Hyland Barrett III's answer
If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.
If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.
Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software
1 Answer
| Asked
in
Consumer Law, Contracts, Business Law and Patents
for
Colorado
on
Answered on Jun 13, 2018
Answered on Jun 13, 2018
Kevin Flynn's answer
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.
You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.
You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
Q: Can I force Sony to delete my personal data in messages on their system?
1 Answer
| Asked
in
Consumer Law, Business Law, Gaming and Internet Law
for
California
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
William John Light's answer
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.
Q: I bought a new apartment and would like to rent the old one which I own through an LLC. Should I open an account in
Michael David Siegel's answer
I am not sure the LLC structure is needed here. The tax benefits do not apply unless you own the apartment. You need a tax ID to rent something. Your own lease may not allow it.
I am not sure the LLC structure is needed here. The tax benefits do not apply unless you own the apartment. You need a tax ID to rent something. Your own lease may not allow it.
Q: We bought our Williamsburg Plantation timeshare in 2006. It is paid in full. Can't afford maint. fees or sell. HELP???
Michael Hales' answer
I'm sorry to hear this, but an article I recently published with the state bar may offer you some solutions. Please read and let me know if you have any questions.
You can access the article here: https://www.targheelaw.com/article
I'm sorry to hear this, but an article I recently published with the state bar may offer you some solutions. Please read and let me know if you have any questions.
You can access the article here: https://www.targheelaw.com/article
Q: Can I keep a vehicle that is in my name in lieu of Vacation, Back, & Commission Pay after leaving a company?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
Michigan
on
Answered on Jun 10, 2018
Answered on Jun 10, 2018
Salim U. Shaikh's answer
First of all you must make a claim of your outstanding amounts on account of commission and paid vacation as granted by your manager, etc. In lieu thereof, you may categorically inform them of withholding vehicle till all your dues are cleared.
First of all you must make a claim of your outstanding amounts on account of commission and paid vacation as granted by your manager, etc. In lieu thereof, you may categorically inform them of withholding vehicle till all your dues are cleared.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
