Business Law Questions & Answers by State

Business Law Questions & Answers

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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Q: What are the consequences should a Nonprofit Corp. refuse to comply with GA Code 14-3-1602?

1 Answer | Asked in Business Law for Georgia on
Answered on Mar 7, 2016

1.) See: https://www.lexisnexis.com/hottopics/gacode/

2.) See also: https://georgia.gov/agencies/georgia-secretary-state

3.) See also: http://law.justia.com/codes/georgia/2014/title-14/chapter-3/
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Q: Is it legal for wholesalers to exchange alcohol products to retailers?

1 Answer | Asked in Business Law for Georgia on
Answered on Mar 3, 2016

Do you both have liquor licenses and are you both paying taxes on the exchange? Bartering has consequences so best for both of you to check with your CPAs to make sure that the IRS isn't going to have a problem with this.

Q: How would a real estate broker identify the shareholders of a C-corp, to determine if undisclosed licensee is an owner?

1 Answer | Asked in Business Law and Real Estate Law for Georgia on
Answered on Mar 2, 2016

C-Corp. and S-Corp. has nothing to do with what you are talking about. The difference between a C-Corp. and an S-Corp. is a taxation difference. If a real estate broker is concerned that someone is misrepresenting themselves as an owner of partner of a corp., whether it be a c or s corp., then the r/e broker needs to look at the documents filed with the Secretary of State. In GA, the website is as follows:

https://georgia.gov/agencies/georgia-secretary-state
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Q: If you have a verbal agreement with a business partner to purchase a vehicle. He takes the cash & spends it instead.

1 Answer | Asked in Business Law and Contracts for Arizona on
Answered on Feb 23, 2016

More info is needed about the specifics.Depending on the amount of money involved, it could be a matter for small claims court.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...
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Q: I submitted a DBA as "movement music" but I am going to brand the org. as "movement drum" Should i resubmit. Sole Prop.

1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Answered on Feb 16, 2016

You can have multiple DBAs.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your...
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