Business Law Questions & Answers

Q: Is that possible to an ilegal alien to get a car dealership license or not?

1 Answer | Asked in Business Formation, Business Law, Criminal Law and Immigration Law for Nevada on
Answered on Nov 20, 2017

It is hard to say, since that’s more of a state level issue. Assume that it is unlikely, however.
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Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?

1 Answer | Asked in Arbitration / Mediation Law and Business Law for Texas on
Answered on Nov 20, 2017

Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration (which they may choose not to do).
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Q: Q 1) is 5% a reasonable fee for me to charge? or am I asking for too much? Q 2) how do I remove my name from the biz?

1 Answer | Asked in Business Law for New York on
Answered on Nov 20, 2017

You have huge potential liabilities for this arrangement under the Labor Law, Liquor Law, and other statutes. Honestly, there is no amount of payment that would compensate for the risks you are taking. How are taxes paid? Is payroll up to date? These issues come with huge fines, penalties, and sometimes even criminal penalties. To have no control or information about the business is crazy.
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Q: Can a Brewpub in NJ sell beer online?

2 Answers | Asked in Business Law, Agricultural Law and Gov & Administrative Law for New Jersey on
Answered on Nov 20, 2017

No. Only wine. With the the necessary license.
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Q: Can a NJ establishment that holds a plenary retail consumption license and restricted brewery license ship to consumers?

1 Answer | Asked in Business Law, Gov & Administrative Law and Agricultural Law for New Jersey on
Answered on Nov 20, 2017

Plenary Retail Consumption License ("33")?

This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales of package goods, however, may only take place from the principal public barroom, and the package goods may only be displayed for sale on the premises' perimeter walls or behind the bar, unless a floor plan was...
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Q: Is a "bank guarantee" necessary to sell a bar of gold in Ghana?

2 Answers | Asked in Banking, Business Law, Consumer Law and International Law for Virginia on
Answered on Nov 20, 2017

She would be wise to consult a lawyer in Ghana before proceedings. May countries have at many times in history restricted the sale of gold, both to currency security and for fraud prevention. It is not at all unimaginable that Ghana retains such a legal structure. She might prefer to sell the gold in places like the US, were no guarantee is required. She is required to report any transaction(s) in gold with a value in excess of $10,000, including importing or exporting from the country. Once...
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Q: what to do if Plaintiff, in repo case, falsely claims I "wrongfully and unlawfully detained and concealed the property"

1 Answer | Asked in Civil Litigation, Business Law, Consumer Law and Contracts for Florida on
Answered on Nov 19, 2017

"[You] deny that portion of Paragraph _____ which alleges that Defendant "wrongfully and unlawfully detained and concealed the property",
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Q: If I own a C-corp, and I see another competitor advertising on AdWords using my business name verbatum, what can I do?

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

Yes, this is trademark infringement.
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Q: Can Majority of the shareholders dissolve their company. 55% to 45%. Two owners equal 55%, 1-45%. This is in Texas.

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

It depends on how the company is structured, but generally shareholders cannot dissolve a corporation, only the board of directors can do that.
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Q: Can I be fired from my job because I went to a competitor's establishment and they posted a picture of me there

1 Answer | Asked in Employment Law and Business Law for Texas on
Answered on Nov 17, 2017
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Q: I made an oral contract, a free favor. I was unable to do the task. Am I at risk in court?

1 Answer | Asked in Business Law and Contracts for Texas on
Answered on Nov 17, 2017

You are always at risk if you do not answer a lawsuit.
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Q: does a private company have a legal obligation to archive emails for any period of time

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

The answer to this question depends on the type of business. For instance, various financial companies are obligated to keep all emails. Also, if litigation is "anticipated," then there is a duty to preserve evidence. Some companies should always been anticipating litigation.
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Q: Can I use the standard meal allowance method to calculate M&IE deductions when traveling internationally for business?

1 Answer | Asked in Business Law for Colorado on
Answered on Nov 16, 2017

Yes, just make sure you use the international tables not the domestic.

INternational: https://aoprals.state.gov/content.asp?content_id=184&menu_id=78

Domestic: https://www.gsa.gov/travel/plan-book/per-diem-rates

Publication 463: https://www.irs.gov/publications/p463
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Q: I am the director of a UK Limited company. Under a previous work contract for that company before I moved to the US,

2 Answers | Asked in Business Formation, Business Law and Employment Law for New York on
Answered on Nov 16, 2017

This is a tax question, not a legal one. If you file American tax returns, and there is income, it is supposed to be disclosed on the form. If the stock has no income, there is no declaration. I believe immigration paperwork, if you are looking for citizenship, also requires disclosure.
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Q: What business structure is right for us? What state should we form in? Is our initial approach sound?

1 Answer | Asked in Business Law for New Jersey on
Answered on Nov 15, 2017

A good business lawyer would need to know much more information to give you the correct answer. I suggest you setup a consultation with one (lawyers charge for time and advise) and expect to pay a at least a few hundred dollars. But that small fee could save you thousands later on. Just for your interest many people set up corporations and LLC's themselves later to find out they did it wrong or should have done something differently in an operating agreement. Don't be penny wise and dollar...
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Q: A company is threatening legal action/collections over a remaining balance we were late on paying.

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Nov 15, 2017

How can they cash a post-dated check? It depends on the agreement but it sounds like you may be in default.
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Q: Hi, I foolishly paid a fee for a loan consultant service when starting up a business; help me not pay?

1 Answer | Asked in Business Law and Contracts for Colorado on
Answered on Nov 15, 2017

It's going to depend on the contract and whether they followed state funding laws whether you can get out of the obligation or get any money back. Let me know if you'd like to setup a consult and we can discuss costs and options.
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Q: Our airbnb Host left a loaded gun on the property without informing us is there anything that prevents him from doing so

1 Answer | Asked in Business Law, Real Estate Law, Criminal Law and Landlord - Tenant for Utah on
Answered on Nov 15, 2017

A gross negligence.
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Q: If someone else applies for a lease contract on business equipment, but I sign it for that person, am I bound to it?

2 Answers | Asked in Business Law and Contracts for California on
Answered on Nov 14, 2017

I do not know what thoughts are in the leasing company's head. However, they might feel that you signed the contract so you are a party to it and you are liable. As a practical matter, it looks like you have been left holding the bag. You appear to be the only target that is available to them.

The facts are incomplete, but it looks like the leasing company may have a leg to stand on. It does not sound like you signed it the manner that would make it clear that the signature was only for...
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Q: Can my boyfriend sue his uncle?

1 Answer | Asked in Family Law, Tax Law and Business Law for Connecticut on
Answered on Nov 14, 2017

Your boyfriend needs to set up a consultation with a tax attorney. Most of us offer a free consultation. Unfortunately there is not enough detail here to give you an accurate answer. This would likely be a very difficult matter to resolve on his own particularly if, as I suspect, this is due to the business owing trust fund penalties (which may have been accrued prior to him ending his business association with his uncle.
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