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Business Law Questions & Answers
Q: Do I need a permit/license to operate a lemonade 'stand' in NYC?
Michael David Siegel's answer
You need a permit. But as anyone from NYC knows this is routinely violated by vendors of all types.
You need a permit. But as anyone from NYC knows this is routinely violated by vendors of all types.
Q: I have a question about selling a house in south New Jersey
1 Answer
| Asked
in
Contracts, Real Estate Law, Business Law and Civil Rights
for
New Jersey
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Jay Schmerler's answer
You will need to speak with an attorney and have that person review the contract in order to answer your question.
You will need to speak with an attorney and have that person review the contract in order to answer your question.
Q: If my LLC is sued, is my other property, not in the LLC, protected from any liability?
Scott C. Stockwell's answer
If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and capitalized.
If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and capitalized.
Q: what can I do for the employee I had terminated leave for good?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Business Law
for
Illinois
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Q: LLC using a virtual address instead of using home address
Thomas. R. Morris' answer
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 not a legal question.
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 not a legal question.
Q: 3 people enter into an LLC business venture together. 2 of those people bring $10,000 cash each and the third person
Thomas A. Grossman's answer
I can't say that what the third person did is "illegal," but it is certainly not proper to be the only member of the LLC that has actually put money into the LLC that is other than capital. You should tell the third party that the LLC is not responsible for paying off his loan.
I can't say that what the third person did is "illegal," but it is certainly not proper to be the only member of the LLC that has actually put money into the LLC that is other than capital. You should tell the third party that the LLC is not responsible for paying off his loan.
Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.
Joseph Jaap's answer
Sue both in small claims court. Check the court web site for the forms to file.
Sue both in small claims court. Check the court web site for the forms to file.
Q: My late father bought a ranch 2012, I didn't find any documents of the transaction but payments receipts of about 300k
1 Answer
| Asked
in
Business Law, Contracts and Real Estate Law
for
Texas
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Tammy Lyn Wincott's answer
I suggest you search the County deed records where the land is located. There may have been something filed that you're unaware of.
Further, consult with a real estate attorney in your area that can review the paperwork you have signed and go over the other facts with you in private.
I suggest you search the County deed records where the land is located. There may have been something filed that you're unaware of.
Further, consult with a real estate attorney in your area that can review the paperwork you have signed and go over the other facts with you in private.
Q: I'm an hourly full time employee. Can an employer change your 8 hour work day to a 12 hour work day without notice?
Mr. Michael O. Stevens' answer
Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.
The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers: https://www.oregon.gov/boli/TA/Pages/Predictive-Employee-Scheduling.aspx
Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.
The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers: https://www.oregon.gov/boli/TA/Pages/Predictive-Employee-Scheduling.aspx
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?
1 Answer
| Asked
in
Business Formation, Business Law, Public Benefits and Criminal Law
for
Idaho
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Michael Hales' answer
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.
Q: Do you have to have a business license in order to charge taxes on goods in CA?
Frank Huerta Jr's answer
You should have one, but regardless if you sell items subject to sales tax you are responsible for paying it.
You should have one, but regardless if you sell items subject to sales tax you are responsible for paying it.
Q: Can a NY C Corp lend money to a MD LLC without breaking any laws?
Michael David Siegel's answer
Yes, as long as the lending is to a known entity and not a solicited transaction. Then it is banking.
Yes, as long as the lending is to a known entity and not a solicited transaction. Then it is banking.
Q: What can I do ?
H. Scott Aalsberg Esq.'s answer
You could file a complaint at the municipal court for theft, but they will probably want more proof of the missing coins.
You could file a complaint at the municipal court for theft, but they will probably want more proof of the missing coins.
Q: I applied for a promotion with the company and was turned down for the job and someone was hired but was asked to do the
Joseph D. Allen's answer
There are too many unknown factors involved here for a comprehensive answer. Generally, an employer can ask you to do additional tasks without an increase in pay. You suggest that there could be discrimination involved, but provide no basis on which to evaluate whether there is any sort of discrimination by the employer in the failure to promote/give raise or the disciplinary action. It may be worthwhile to speak with an employment/labor attorney who offers free initial consultations.
There are too many unknown factors involved here for a comprehensive answer. Generally, an employer can ask you to do additional tasks without an increase in pay. You suggest that there could be discrimination involved, but provide no basis on which to evaluate whether there is any sort of discrimination by the employer in the failure to promote/give raise or the disciplinary action. It may be worthwhile to speak with an employment/labor attorney who offers free initial consultations.
Q: In New York State can you form a regular LLC as a small business that is a intermediate between home owners and Gc's?
Michael David Siegel's answer
I do not understand the question or the point. Under the law, the contract for work must be with the licensed entity. Thus, what is an "intermediary".
I do not understand the question or the point. Under the law, the contract for work must be with the licensed entity. Thus, what is an "intermediary".
Q: Can I create a character out of a toy made by another company and turn it into a business that makes money?
Camille Brooks Ibrahim's answer
It depends! The first line of business is to find out if the toy is patented. If it is then no you will be able to market this toy without consenting with the manufacturer. If it is not patent, then just to be on the safe side you might want to speak to an IP attorney, such as my office, or someone near yourself and request further options.
It depends! The first line of business is to find out if the toy is patented. If it is then no you will be able to market this toy without consenting with the manufacturer. If it is not patent, then just to be on the safe side you might want to speak to an IP attorney, such as my office, or someone near yourself and request further options.
Q: I heard Husband & Wife LLC can be still treated as a disregarded entity so as sole propertorship. Is that true?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
California
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Thomas A. Grossman's answer
Go to the following link on your computer: https://ttcl.intuit.com/questions2133106. They will have an answer for you. It is, however, rather long and complicated. Good Luck.
Go to the following link on your computer: https://ttcl.intuit.com/questions2133106. They will have an answer for you. It is, however, rather long and complicated. Good Luck.
Q: What clause do I need to use when I purchase real estate that would allow me to transfer mortgages to my LLC?
Terrence H Thorgaard's answer
From what you indicate, you know just enough to get in trouble. You need to consult with an attorney.
From what you indicate, you know just enough to get in trouble. You need to consult with an attorney.
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