Business Law Questions & Answers

Q: I was cited PERSONALLY for a broken sidewalk at a property that I am developing. I'm just the owning LLC's Manager...

1 Answer | Asked in Municipal Law and Business Law for Oregon on
Answered on May 23, 2016

You would take all the documents to court at the trial and provide them to the judge (they are not going to make copies, so it will not become part of some permanent file). Cite to the language of the code you were cited for and demonstrate you were not the owner. I would also obtain copies of the file from the county recorder's office to demonstrate you were not the owner at the time.

Of course, someone will have to pay the $1,000 at some point, so it will either be you now or the LLC...
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Q: I am a co-owner of O My Goodness LLC me and other co-owner is 51% and I am 49%. Our agreement was I ran the business

1 Answer | Asked in Arbitration / Mediation Law and Business Law for Colorado on
Answered on May 18, 2016

If there is another attorney involved, I recommend that you hire your own attorney. Turning to your substantive question, as a general rule, provisions that mandate mediation are binding on BOTH parties. Considering that you are the lesser partner/owner it is very likely that the mediation provision is binding (review the operating agreement). Also be aware that mediation (a neutral 3rd party ties to reach an agreement between the two sides) is not the same as binding arbitration (in which a...
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Q: Good day, I would like to know what laws surround regaining ones vehicle mechanic liscence after it has been revoked.

1 Answer | Asked in Business Law and Traffic Tickets for New Hampshire on
Answered on May 16, 2016

I'd recommend calling the NH DMV and just asking them. There are likely administrative regulations which lay out the rules for that process.
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Q: Should you sue a corporation and an officer of the corporation at the same time?

1 Answer | Asked in Consumer Law and Business Law for California on
Answered on May 7, 2016

The important thing you mentioned is you have proof the officer committed fraud. It'll depend on what the proof is. Fraud is also different so you need more specific proof than for other causes of action. With your proof, you'll at least have an argument for suing both the officer and corporation. If you had no proof and were just suing the officer under a "might as well sue him" theory, I'd say your fight would be much harder.

If the defendant corporation is a small one (i.e. private,...
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Q: How do we remove resident board members and replace with a property management company.

1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Answered on May 6, 2016

You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.
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Q: NJ p2p lending firm we are not originate the loans do we have to get Consumer Lenders/Sales Finance Company license?

1 Answer | Asked in Consumer Law, Securities Law, Business Law and Business Formation for New Jersey on
Answered on Apr 26, 2016

You need to have an in person consultation with an experienced business attorney to learn exactly what the rules and requirements are for you to operate this type of business in NJ. You can have serious problems if you do not conduct your business properly. Good luck.
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Q: Vendor used client's internet and office space to work on side project. Does client have any claim to this side project?

1 Answer | Asked in Contracts and Business Law for Florida on
Answered on Apr 21, 2016

Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
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Q: Read Below

1 Answer | Asked in Business Law and Contracts on
Answered on Apr 21, 2016

Statute of limitations and laches would be the main defenses given this was 30 years ago, but this is based on US law, and though NZ law has a basis in English law like the US, their law may be different.
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Q: Are we allowed to sponsor a catered lunch & learn for our insured's? At the end offer additional products & services?

1 Answer | Asked in Business Law for Georgia on
Answered on Apr 17, 2016
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Q: is a non-compete clause legal?

1 Answer | Asked in Business Law and Employment Law for Kansas on
Answered on Apr 12, 2016

You should have a local attorney review the situation. The legality and enforceability of a non-compete agreement depend on various factors. A local attorney will need to review the specific contract about which you are asking and give you an opinion.
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Q: If an LLC I was bought out of paid for the formation of my personal LLC in WA, do they still have rights after I left?

1 Answer | Asked in Business Law for Colorado on
Answered on Apr 11, 2016

I am not quite sure what you mean. I suggest that you contact a lawyer, because the purchase/incorporation documents will need to be reviewed before an assessment can be made.
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Q: Can a WA LLC have a principal address that is not in WA? Say CO for example.

1 Answer | Asked in Business Law for Colorado on
Answered on Apr 11, 2016

Under WA law ( RCW 25.15.021), a LLC must have a registered agent in the state of WA. Further under RCW 23-95.410, all business entities must have an address in the state of WA. If you do not intend to have a presence in WA you have two options: (1) get a PO Box/use registered agent's address or (2) merge/dissolve the WA into a Colorado (or other state) business entity. If you want to pursue option 2, I recommend that you contact a lawyer (the process is not terrible, but an error/mistake can...
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Q: Does a single-member LLC protect personal assets if a Client that I am training athletically gets hurt?

1 Answer | Asked in Business Law for Colorado on
Answered on Apr 10, 2016

Assuming hat the LLC was formed in Colorado the answer is that it may not protect you. First, there is issue of professional malpractice - no corporate entity protects a person from malpractice they personally committed. However, your personal subsidiary LLC can protect you form malpractice committed by the parent training LLC. I do not believe that personal trainers are licensed professional in Colorado, so this may not be an issue for you, but it is something to be aware of (esp. if you are...
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Q: Is it a violation of state or code of ethics to post my sales history on my personal website after changing companies?

1 Answer | Asked in Business Law and Employment Law for New York on
Answered on Apr 5, 2016

No, but it could violate some sort of confidentiality agreement with your former employer.
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Q: Owner of Media Marketing company died (apparently) & his friend claims to b partner in business & is making demand

1 Answer | Asked in Business Law and Contracts for Texas on
Answered on Mar 26, 2016

Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
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Q: Am I in violation of the law by wiring the profits to my partners?

1 Answer | Asked in Tax Law and Business Law for California on
Answered on Mar 20, 2016

Generally, your foreign partners may be subject to the US taxation on their US income, and subject to withholding. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
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Q: my supplier gave my invoices to my customer . Is that legal? My invoices have personal / business formation on them.

1 Answer | Asked in Business Law and Contracts on
Answered on Mar 15, 2016

Yes, this is legal. The fact is, you already gave this information to your supplier, so you had no reasonable expectation of privacy. You might consider a contract with your suppliers though designating the info as confidential to protect you in the future.
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Q: Which form do I need to ask a California court to pierce the veil of a LLC?

1 Answer | Asked in Business Law for California on
Answered on Mar 12, 2016

There's no form for this. The court needs to make a finding that the LLC's veil is pierced. You may need to have a trial on this. Hire a lawyer as this can be very complicated.

Andy
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Q: Is it legal (in GA) to use a former employer's company and personal name in advertising, without permission?

2 Answers | Asked in Business Law, Contracts and Employment Law for Georgia on
Answered on Mar 10, 2016

Unless you have a tradename or trademark, copyright, or some other protection for your company name, then that is fair game. See the Georgia Secretary of State Website: http://sos.ga.gov As far as your personal name, if what she is saying is not true, then you could potentially have a tort claim for invasion of privacy (libel if it's written, and slander if it's oral). See the Official Code of Georgia Annotated for more information: https://www.lexisnexis.com/hottopics/gacode/

Case...
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Q: What form do I file for my LLC's income when I'm the only owner when I file an amended return for my personal taxes?

1 Answer | Asked in Business Law and Tax Law for Arkansas on
Answered on Mar 8, 2016

If it is a disregarded entity for tax purposes, then you would report it on your schedule C.
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