Business Law Questions & Answers

Q: Can the $ paid to a contractor for labor/materials be written off as an expense instead of submitting a 1099 to them?

1 Answer | Asked in Business Law for Colorado on
Answered on Sep 28, 2016

Generally no. It may be possible to not define a person as an employee/independent contract based on the circumstances. Contact a tax professional (tax attorney or CPA) for guidance.
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Q: Is it okay for an attorney to setup a corporation and act as the company's legal counsel in exchange for stock?

1 Answer | Asked in Business Formation and Business Law for Colorado on
Answered on Sep 28, 2016

It is possible, but for the attorney there are significant conflict of interest issues. Many attorneys will not work under this type of arrangement, but some will. Contact the attorney(s) you are interested in hiring to see if they will accept these terms.
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Q: My business partner (49% ownership in small sub-S) has filed chapter 7 personal bankruptcy.

1 Answer | Asked in Bankruptcy and Business Law for Colorado on
Answered on Sep 27, 2016

If you did not guarantee anything then you are not liable for strictly corporate debts. Concerning the stock, if it has any market value the trustee will try to sell it. Minority ownership interests in a closely held corporation are often worth very little, but I would need more information to determine that. You can always make an offer to the trustee. If he can't sell it to you or someone else, it will abandoned to the debtor upon case closing.
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Q: How do I make the address of my nonprofit private?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Sep 27, 2016

There are several companies that act as agents for service of process, registered agents. Just Google "Agents for Service of Process." If you have an office outside your home, you may use that address if you remain as registered agent.
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Q: when a sole proprietor of a corporate entity dies, must a fiduciary be appointed to wind up the corporation?

2 Answers | Asked in Business Formation, Business Law and Civil Litigation for New York on
Answered on Sep 27, 2016

You are mixing legal terms. A sole proprietor is the opposite of a corporation. A corporation might have a sole shareholder. If that is what you mean and the individual is not a defendant, then there is no statutory stay of the case. Who has authority to act will be determined by the bylaws, or else a fiduciary must be appointed by the Surrogate.
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Q: I own a Address Curb Painting business, we received a ticket for not having a village permit

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Construction Law for Ohio on
Answered on Sep 26, 2016

That could be an interesting selective prosecution case, but by and large, if you are required to have a license, you are required to have a license. If you get the license and challenge the ticket in court, you will probably get a minimal penalty. Are you unable to obtain the license for some reason?
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Q: How long does it take Florida appeal court to make a ruling on civil case after everything been summit?

1 Answer | Asked in Appeals / Appellate Law and Business Law for Florida on
Answered on Sep 26, 2016

Do you mean "submitted"? I suggest you ask your attorney.
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Q: I'm tring to open a business and I'm tring to figure out what's taxable and what's not and if it is what's the tax

1 Answer | Asked in Tax Law, Gov & Administrative Law, Business Law and Business Formation for Missouri on
Answered on Sep 26, 2016

Tax law is certainly complex and depends entirely on your factual situation. It's commendable that you're inquiring about your tax obligations at such an early stage. Getting these systems down will greatly benefit you in the long run.

The IRS publishes small business guides that provide some insight you may be looking for. They can be found at irs.gov. For example, Publication 334 is a tax guide for small business. Publication 535 is for business expenses.

Choice of...
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Q: My son had side business paid no taxes. Now figured out he should what does he need to do now.

1 Answer | Asked in Business Law and Tax Law for Kentucky on
Answered on Sep 26, 2016

You should find a Tax Controversy attorney to handle the matter. There are a lot of different ramifications that depend on the exact factual scenario.

For example, a "side business" that involves occasionally making trinkets and selling them on Etsy is very different from a "side business" that makes a profit like a "real" business. The amount of money as well as the length of operation can also make a difference.

Again you would best be served by seeking a tax...
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Q: If a business says they're open until 7p, but locks their doors at 6:45p, is this False Advertising?

1 Answer | Asked in Consumer Law and Business Law for Colorado on
Answered on Sep 25, 2016

False advertising claims require the following elements (all must be meet for a legitimate claim): (1) false/misleading statements about a product; (2) deception (or tendency to substantially deceive); (3) the deception is material; (4) likelihood of injury to a party; and (5) interstate commerce (for federal claims only).

Turning to closing, there should be no false/misleading statements about a product/service, no material deception or likelihood of injury. In short, a false...
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Q: My ex husband and I, along with a third party, own a business together. It is in our separation agreement as so.

1 Answer | Asked in Business Law for Colorado on
Answered on Sep 22, 2016

Without looking at all the incorporation documents I cannot discuss all the potential way in which an owner's interest could be bought-out, so I will focus on general corporate rules. If you are an interest recorded in the incorporation documents, you cannot be forced out under any conditions (no lawyer with infinite money can force a lawful owner to leave). The other parties can offer to buy you out of your interest (this is wholly voluntary). You are correct that a separation agreement can...
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Q: I am interested in starting a computer repair business out of my home. I am looking to limit liability due to the nature

2 Answers | Asked in Contracts, Business Formation and Business Law for New York on
Answered on Sep 22, 2016

The issues are a mix of tax issues and planning for what will happen. Everything is easy to set up, but the choices matter.
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Q: If you sell a corporation, what are examples of assets that the purchaser could buy?

2 Answers | Asked in Business Law for New York on
Answered on Sep 21, 2016

Whether to structure a sale as an asset sale or stock sale is a complex tax question that impacts the seller and buyer. Both are done in the corporate world.
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Q: I'm wondering if it is legal to be told I can't be hired due to a re-hire policy one company that has now split into two

1 Answer | Asked in Employment Law, Business Formation and Business Law for Pennsylvania on
Answered on Sep 21, 2016

The policy as a whole sounds very strange. However generally an employer can only be held responsible if they don't hire you because of race,gender, religion, ethnicity etc. Consult a member of the Pa.

Assn for Justice who handles employment issues--they give free consultations.
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Q: Is there certain laws that a funeral home has to go by when it comes to showing a body when it has only been embalmed.

1 Answer | Asked in Business Law, Criminal Law and Personal Injury for Georgia on
Answered on Sep 21, 2016

Depends what was covered and not. There would be a Funeral Directors Assn best practices &/or code of ethics that would or should cover that. As to any possible action, I wold suggest you contact a member of the Georgia Trial Lawyers Assn in your area--they give free consultations.
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Q: Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists

1 Answer | Asked in Business Law for Florida on
Answered on Sep 20, 2016

If they are reproductions of works by 19th Century artists, and if the images were first published before 1923, the images would be in the public domain. It is not clear from your post whether or not this applies.
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Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Sep 19, 2016

The non-profit statute requires that there be a board of directors. If they are the first incorporators all must sign the Articles of Incorporation.. They must be named at the end. The first bylaws should also be signed by the incorporators as they are acting as board members.

Best thing is to contact the Secretary of State's office which probably has a guide.

http://www.dos.pa.gov/BusinessCharities/Charities/RegistrationForms/Pages/default.aspx#.VIB25iROmUk k

Here's...
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Q: I filed my business name as a Sole Proprietorship, Would it be best to incorporate for government contracting?

1 Answer | Asked in Business Law and Gov & Administrative Law for Texas on
Answered on Sep 19, 2016

An LLC or a Corporation is essential to protecting business owners from liability (it will also allow you to get an EIN). Operating as a sole proprietorship leaves one open to personal liability.
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Q: When suing an LLC, do you list the owner name and LLC or simply the LLC. Ex. John Doe d.b.a. ABC Contracting or ABC Co.

1 Answer | Asked in Business Law for Texas on
Answered on Sep 19, 2016

A limited liability company (L.L.C.) is it's own legal entity. If you want to sue the owner individually, then list his name. If you are suing the company, then the LLC should be listed.
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Q: Can a gym membership be cancelled?

1 Answer | Asked in Contracts, Business Law and Consumer Law for Pennsylvania on
Answered on Sep 18, 2016

Should be. File a complaint with the attorney general's office of consumer protection.
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