Business Law Questions & Answers

Q: What licenses are needed to open a Hookah lounge establishment that serves alcohol?

1 Answer | Asked in Business Law for North Carolina on
Answered on Feb 20, 2017

At the very least, you will need a license issued by the ABC Board for alcohol sales. There are different levels of licenses depending on your alcohol needs. Additionally, you will need business licenses. The licenses vary by county. Its best to consult with an attorney to discuss your specific business needs to get a complete answer.
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Q: Is the "Home Repair and Remodeling Act" in Illinois still in effect?

2 Answers | Asked in Business Formation, Business Law and Construction Law for Illinois on
Answered on Feb 20, 2017

Yes, it is certainly still in effect, and is the source for a great deal of litigation in Illinois. If you are contemplating starting a carpentry business, I would highly recommend you consult with an attorney prior to doing so, as it will save you a great deal of time, stress, and money in the long run.
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Q: My employer changed all of the employees' W2 exemptions/allowance from 0/1 to 2 without our knowledge or consent.

1 Answer | Asked in Tax Law, Business Law and Employment Law for Florida on
Answered on Feb 19, 2017

This may have been a simple mistake by the employer, such as a change in payroll software causing an incorrect exemption number, or it may have been some form of fraudulent activity. From the IRS's view, it is still the responsibility of you and the other employees to ensure proper amounts are being withheld on a regular basis and if they are not to pay taxes in to the IRS directly throughout the year. I suggest talking the situation over with your employer and try to find out what the employer...
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Q: Is trasporting scrap metals consider trade waste violations in NYC?

1 Answer | Asked in Business Law for New York on
Answered on Feb 17, 2017

The mere transport is not a crime. The summons would indicate why the manner you were doing it was a crime.
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Q: Our business vendor company contacted a debt collector and sued our Michigan based LLC in 2011 and garnished our bank a

1 Answer | Asked in Business Law for Michigan on
Answered on Feb 16, 2017

Presumably the LLC with a judgment against it is not "safe". But don't assume that your business can be protected by starting a new LLC like a snake shedding its skin.
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Q: Can "CFNA" ("Credit First") credit card company demand payment solely via bank-to-CreditFirst (internal) ROUTING?

1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Answered on Feb 16, 2017

What are the terms to which you agreed when applying for and/or accepting this credit card? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: My boyfriend was volenteering at a local vet and was bitten by a cat that should have been put down two days prior.

1 Answer | Asked in Government Contracts, Animal / Dog Law, Business Law and Personal Injury for California on
Answered on Feb 16, 2017

You can go after the county if they represented the person to be a Veternarian.
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Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for North Carolina on
Answered on Feb 15, 2017

If an employer is relying on the tip credit privilege to meet their minimum wage obligations, then the employer for itself cannot take an employees' tips.
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Q: Non-Compete contract says I cant work for a competitor for 2 years? What happens to me if I do it anyway?

1 Answer | Asked in Contracts, Business Law and Employment Law for Florida on
Answered on Feb 15, 2017

Non-compete clauses are very, very restricted under California law. From your question, it appears the prohibition applies to your company, which is likely the "employee" under the contract. You really should have a lawyer examine the agreement to determine its scope and validity before you sign.
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Q: can abc,llc sign a contract as "abc,llc" without using authorized individual name and title of individual signing?

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Tennessee on
Answered on Feb 15, 2017

No. Any legal entity ( LLC, corporation or partnership) has an individual human being who signs as the representative of the entity. Example: Company name "by" individual signature, job title.
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Q: My business partner cut me out of a valuable real estate purchase we were to purchase together. What are my options?

2 Answers | Asked in Civil Litigation, Real Estate Law and Business Law for New York on
Answered on Feb 15, 2017

Without an agreement in writing to cut you in, you have no case.
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Q: Can I be sued as an indiviual/dba if I'm now a 501c3 corp? I signed the lease as me/dba.

1 Answer | Asked in Business Law and Landlord - Tenant for California on
Answered on Feb 14, 2017

If you signed in your individual capacity, you are obligated on the lease as an individual. Tax exempt status with the IRS confers no shield from liability. But in order to be recognized by IRS as ax exempt, your organization cannot be a "dba". It has to be a nonprofit corporation or certain other type of allowable entity. If, at some point after you signed the lease, you formed a nonprofit corporation, it would not make the corporation liable on the lease nor would it change your individual...
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Q: My mom signed a contract stating she cannot start another restaurant in 15 miles, does that apply only to her or family?

1 Answer | Asked in Contracts and Business Law for California on
Answered on Feb 13, 2017

What does the contract specifically state? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: What contracts are needed to be in place between US (California) distributor with a European Manufacturer?

1 Answer | Asked in Contracts, Business Law and International Law for California on
Answered on Feb 13, 2017

There are too many options. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: Payment on seller carryback must be wired by the 11th. If the 11th is Saturday, is payment delinquent if paid monday?

1 Answer | Asked in Contracts and Business Law for California on
Answered on Feb 13, 2017

What are the terms of the related contract? That section of the CA civil code may or may not apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Can my business partner/distributor be on my Advisory Board without any legal issues?

1 Answer | Asked in Business Law for California on
Answered on Feb 13, 2017

What kind of company structure do you have where you have a business partner and an advisory board? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I am starting a food trailer buisness and my investor decided to back out before we signed a contract but he gave me

1 Answer | Asked in Business Law and Contracts for North Carolina on
Answered on Feb 13, 2017

It depends on the terms of your agreement, whether written or oral. The money was paid and used for the intended purpose, so no doubt you have a contract. What was your agreement with respect to the money? To pay back after a certain time frame or when the business reached a certain point? If there was no agreement, generally the legal answer is within a reasonable time. There is no set number of days, etc.
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Q: is a purchase and sale agreement valid if signed by the llc with no individual signature

1 Answer | Asked in Business Law and Contracts for Tennessee on
Answered on Feb 13, 2017

A limited liability company has a chief manger or a designated agent to sign on behalf of the company. They sign in a representative capacity, not as an individual. However, the contact needs a signature from someone acting for the company.
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Q: can an entity sign on behalf of itself

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Tennessee on
Answered on Feb 12, 2017

A legal entity can only act through an authorized officer, agent, manager, member, or representative as authorized by the forming documents and Bylaws, Operating Agreement, Resolution or what-have-you. So for an entity to execute a document requires a signature line or block that identifies the entity, has a line for a person's signature, and indicates in what capacity hey are signing (President, Manager, etc.). In real estate transactions, lawyers for the other side will insist on certificates...
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Q: Can the bank keep money used to cover a check from another account even if the check never went through?

1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Answered on Feb 12, 2017

Have a lawyer review the transaction carefully. Your details are a bit vague. Your banking terms and conditions should clarify your questions. Similarly your agreement with the utility company should also be reviewed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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