Business Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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?
Tristan Kenyon Schultz's answer
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.
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.
Q: Is it okay for an attorney to setup a corporation and act as the company's legal counsel in exchange for stock?
Tristan Kenyon Schultz's answer
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.
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.
Q: My business partner (49% ownership in small sub-S) has filed chapter 7 personal bankruptcy.
Timothy Canty's answer
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.
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.
Q: How do I make the address of my nonprofit private?
N. Munro Merrick's answer
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.
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.
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
Answered on Sep 27, 2016
Michael David Siegel's answer
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.
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.
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
Answered on Sep 26, 2016
Matthew Williams' answer
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?
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?
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
Answered on Sep 26, 2016
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
Answered on Sep 26, 2016
Matthew M Montoya's answer
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...
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...
Q: My son had side business paid no taxes. Now figured out he should what does he need to do now.
Matthew M Montoya's answer
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...
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...
Q: If a business says they're open until 7p, but locks their doors at 6:45p, is this False Advertising?
Tristan Kenyon Schultz's answer
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...
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...
Q: My ex husband and I, along with a third party, own a business together. It is in our separation agreement as so.
Tristan Kenyon Schultz's answer
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...
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...
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
Answered on Sep 22, 2016
Michael David Siegel's answer
The issues are a mix of tax issues and planning for what will happen. Everything is easy to set up, but the choices matter.
The issues are a mix of tax issues and planning for what will happen. Everything is easy to set up, but the choices matter.
Q: If you sell a corporation, what are examples of assets that the purchaser could buy?
Michael David Siegel's answer
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.
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.
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
Answered on Sep 21, 2016
Peter Munsing's answer
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.
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.
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
Answered on Sep 21, 2016
Peter Munsing's answer
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.
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.
Q: Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists
Terrence H Thorgaard's answer
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.
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.
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
Answered on Sep 19, 2016
Peter Munsing's answer
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...
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...
Q: I filed my business name as a Sole Proprietorship, Would it be best to incorporate for government contracting?
Matthew S Tadlock's answer
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.
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.
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.
Matthew S Tadlock's answer
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.
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.
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
Answered on Sep 18, 2016
Peter Munsing's answer
Should be. File a complaint with the attorney general's office of consumer protection.
Should be. File a complaint with the attorney general's office of consumer protection.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.