Business Law Questions & Answers by State
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Business Law Questions & Answers
Q: I have used a particular set of words in academia and I am interested in using this as a business title.
Thomas A. Grossman's answer
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...
Q: can one company cease doing business with another without justification
Timur Akpinar's answer
As a general matter, yes. If a company ceases to do business with its steel supplier because it finds another supplier that provides higher quality steel, this sort of thing might be considered without justification and it happens all the time in commerce. If you are inquiring about a specific matter that involves your business dealings, you should probably consult with an attorney in Georgia. If ceasing to do business without justification means being in breach of contract, that's something...
As a general matter, yes. If a company ceases to do business with its steel supplier because it finds another supplier that provides higher quality steel, this sort of thing might be considered without justification and it happens all the time in commerce. If you are inquiring about a specific matter that involves your business dealings, you should probably consult with an attorney in Georgia. If ceasing to do business without justification means being in breach of contract, that's something...
Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea
1 Answer
| Asked
in
Business Law, Contracts, Copyright and Intellectual Property
for
Georgia
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Griffin Klema's answer
That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly recommend clarifying the relationship between you through some formal written instrument. As far as being "forced" to sign a document, generally no, you never have to sign anything, but you may have some...
That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly recommend clarifying the relationship between you through some formal written instrument. As far as being "forced" to sign a document, generally no, you never have to sign anything, but you may have some...
Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months
1 Answer
| Asked
in
Business Law, Civil Litigation, Collections and Contracts
for
Florida
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Griffin Klema's answer
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
Q: What permits/licenses are required in unincorporated San Bernardino County CA to sell and sample prepackaged jerky?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...
Q: Hi, which licenses are needed for a business that holds customers money in accounts that they can access across country?
1 Answer
| Asked
in
Banking, Business Formation and Business Law
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be regulated by that state's Attorney General's office. The actual names of the departments/divisions will vary in each state. The cost of each license will also vary, but it may cost you somewhere...
Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be regulated by that state's Attorney General's office. The actual names of the departments/divisions will vary in each state. The cost of each license will also vary, but it may cost you somewhere...
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law and Business Law
for
Texas
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Thomas A. Grossman's answer
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
Q: My company only sells used computers, can I advertise an apple logo on the website under a"Used brands we sell" tab?
1 Answer
| Asked
in
Business Law, Consumer Law and Contracts
for
New York
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Jonathan David Warner's answer
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
Q: I am an employee/owner of an S Corp with 2 equal owners. I am the President and he is Secretary. 1. Can I fire him?
Leonard Robert Grefseng's answer
This can't be answered in this limited question-answer format. An attorney would need to closely review the corporations' by-laws to determine how to break a "deadlock." Since you are "equal stockholders" it appears that neither of you have the legal authority to oust or exclude the other. based on the limited facts given in your question, my first impression is that you will need a Judge ( a lawsuit) to resolve it.
This can't be answered in this limited question-answer format. An attorney would need to closely review the corporations' by-laws to determine how to break a "deadlock." Since you are "equal stockholders" it appears that neither of you have the legal authority to oust or exclude the other. based on the limited facts given in your question, my first impression is that you will need a Judge ( a lawsuit) to resolve it.
Q: My apartment company called me saying they paid a utility bill from an electric company that I don't use. What do I do?
1 Answer
| Asked
in
Business Law, Energy, Oil and Gas and Real Estate Law
for
Michigan
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
David Soble's answer
Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.
Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.
Q: My work 401k is registered to a parent corporation and not the direct corporation I work for is that legal?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
Q: Can I use my military ID/base access as a job recruiter or does this violate any laws regarding financial gain?
1 Answer
| Asked
in
Contracts, Products Liability, Business Law and Military Law
for
Pennsylvania
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
Better check in with JAG corps on this--sounds like potential multiple violations. You should know that access is for the specific purpose only. Can you hand out cards, or other items? Not sure of that but if someone is looking to burn you you're giving them a match it seems to me.
Better check in with JAG corps on this--sounds like potential multiple violations. You should know that access is for the specific purpose only. Can you hand out cards, or other items? Not sure of that but if someone is looking to burn you you're giving them a match it seems to me.
Q: I'm looking for a business law lawyer who understands US & China law.
Ali Shahrestani, Esq.'s answer
You'll need a lawyer who is licensed in both jurisdictions (rare), or two lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...
You'll need a lawyer who is licensed in both jurisdictions (rare), or two lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: Can a web store cancel a customer order unilaterally telling their price was incorrect due to a technical glitch?
Peter Munsing's answer
It is a violation of bait-and switch, they have a contract, they should deliver; did they refund your card?
If not contact the consumer protection office of your attorney general. However they may not handle it as it's a foreign company even though doing business here.
It is a violation of bait-and switch, they have a contract, they should deliver; did they refund your card?
If not contact the consumer protection office of your attorney general. However they may not handle it as it's a foreign company even though doing business here.
Q: Do church Members have the right to see their Minister's contract?
Joseph Jaap's answer
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?
2 Answers
| Asked
in
Business Formation, Business Law, Contracts and Legal Malpractice
for
North Carolina
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Kelli Y Allen's answer
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Q: is there any way to deduct the full closing costs on a rental property instead of adding it to the basis?
1 Answer
| Asked
in
Business Law, Real Estate Law and Tax Law
for
New York
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
Q: Hello, I am a PhD student in Poland.I am looking for inf on defects of consent in Delaware corporate law (resolutions)
Timur Akpinar's answer
There are a number of different databases out there, some of which are free and some of which charge fees. This could be a narrowly tailored legal search. You could broaden it slightly and possibly retrieve additional search results by including issues of mistake, fraud, meeting of minds, mutual assent and other elements that could challenge the validity of consent.
Tim Akpinar
There are a number of different databases out there, some of which are free and some of which charge fees. This could be a narrowly tailored legal search. You could broaden it slightly and possibly retrieve additional search results by including issues of mistake, fraud, meeting of minds, mutual assent and other elements that could challenge the validity of consent.
Tim Akpinar
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