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Alabama Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Tax Law for Alabama on
Q: Can taking money out of a platform like Second Life constitute running a business at home?

If someone withdraws money from their Linden Labs Second Life account and into their PayPal, then they transfer it from there to their bank account, is this a hobby or a business? Or is it just self-employment or free lancing? If they do this without a privlage license, business license, and/or... View More

James L. Arrasmith
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answered on Apr 20, 2024

Whether taking money out of a platform like Second Life constitutes running a business from home depends on several factors, including the frequency of transactions, the amount of money involved, and whether these activities are carried out with the intent to make a profit. If you engage in regular... View More

1 Answer | Asked in Immigration Law, Tax Law and Business Law for Alabama on
Q: My court proceedings was dismissed. The judge closed my asylum because I have TPS. Can I reapply for asylum with USCIS?

I want to make it will be a good idea to do so please

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that your asylum case was dismissed by the immigration judge because you currently have Temporary Protected Status (TPS). To determine whether reapplying for asylum with USCIS is a good idea, consider the following:

1. TPS is a temporary...
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1 Answer | Asked in Employment Law, Tax Law and Business Law for Alabama on
Q: Is double dipping into my gross wages after statutory deductions legal ,the jail justifies14-8-37

I was on work release in limestone co.,after my statutory deductions have been made the jail took 25percent against my original gross wages that do not exist and they didn't receive a check for from my net pay that they did,here's the discrepancy if I get paid by w2 & another... View More

James L. Arrasmith
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answered on Mar 8, 2024

The situation you've described raises important questions about how deductions from wages are handled for individuals on work release, especially in the context of how gross and net pay are treated. If deductions are made from your gross wages after statutory deductions (like taxes) have... View More

1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: How can I find out if I can use an app on Google Play app store or an open source app or program commercially?

I read Google Play's terms of use and it says that Google Play content is for non-commercial use only. I contacted an app developer, who published their apps on the platform, if one of their apps was non-commercial use only and they responded that there were no restrictions on using their app.... View More

James L. Arrasmith
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answered on Jan 23, 2024

When it comes to using apps from the Google Play Store for commercial purposes, it's important to differentiate between the terms of service of the platform (Google Play) and the terms of use of individual apps. Google Play's terms generally refer to the content they directly provide, not... View More

2 Answers | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: Does creating my work in a non-commercial use app, then same in commercial one violate terms of service of the first?

Say I decide to write a story or draw a picture I own the copyright to in a non-commercial use only app. Later, I decide I want to use my work for commercial use so I recreate the same work in another commercial use app. Does this violate the terms of use of the non-commercial use app? Would it be... View More

James L. Arrasmith
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answered on Jan 23, 2024

Whether recreating a work initially made in a non-commercial use app for commercial purposes violates the app's terms of service depends on the specific terms set by the app. Typically, non-commercial use clauses restrict the use of the app and its resources (like tools or templates) for... View More

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2 Answers | Asked in Animal / Dog Law, Social Security and Business Law for Alabama on
Q: I’m on disability can I run a nonprofit animal rescue without it affecting my social security?
James L. Arrasmith
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answered on Nov 7, 2023

If you receive Social Security disability benefits, engaging in activities like running a nonprofit can affect your benefits if it is considered "substantial gainful activity" (SGA). The Social Security Administration (SSA) allows beneficiaries to work while receiving disability benefits... View More

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1 Answer | Asked in Business Formation and Business Law for Alabama on
Q: Do Alabama non-profit principal addresses have to be in the state?

I am forming a non-profit as a student in Alabama. I live in Michigan and so I don't have an address here. We recruited a registered agent service to be compliant for the state, but we don't have a principal address in the state of Alabama. Could I use my home address?

T. Augustus Claus
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answered on Sep 18, 2023

In Alabama, nonprofit organizations are typically required to have a registered agent who has a physical address within the state. This registered agent is responsible for receiving legal documents and official notices on behalf of the nonprofit. However, the principal address of the nonprofit... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Alabama on
Q: I’m in Alabama I am willing to start a business here i have k EFIN and LLC in Alabama. How do i acquire a beer license

I am willing to own a gas station

James L. Arrasmith
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answered on Feb 26, 2023

In Alabama, businesses that sell beer or other alcoholic beverages are required to obtain a license from the Alabama Alcoholic Beverage Control Board (ABC).

To apply for a beer license, you will need to follow a series of steps and provide certain information and documentation to the ABC....
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1 Answer | Asked in Business Formation, Business Law and Estate Planning for Alabama on
Q: If I bought out a small business then the previous owner dies. Who owns the merchandise
Tim Akpinar
Tim Akpinar
answered on Apr 12, 2024

An Alabama attorney could advise best, but your question remains open for four weeks. It would depend on the terms of your agreement. Good luck

1 Answer | Asked in Business Law for Alabama on
Q: I'm doing a paper for school and part of it is asking a lawyer how they think ethics compares to law in business.

Just a general question

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. There's lots of material you'll find on this subject - there are law school courses on it. A simplified way to look at the concept is that the LAW tells you what you can or cannot do. ETHICS is usually... View More

1 Answer | Asked in Consumer Law, Business Law and Contracts for Alabama on
Q: Is there any legal recourse I can take?

I have a dispute going on with a dodge dealership here in Alabama where i purchased my 2020 dodge challenger. Prior to the dealership servicing the vehicle, other mechanics had driven and diagnosed the vehicle but just didn't have the software the car needed. I took my car to be serviced at... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 24, 2023

Is there any sort of warranty on the vehicle? Have you had an independent mechanic or other dealer dianose the problem? Can they testify that the work performed is the cause of the problem? These are preliminary questions that should be addressed prior to contacting an attorney for specific advice.

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Products Liability for Alabama on
Q: Does the law allow Repo agent to search a repoed vehicle? What does the law require of guns found in recovered vehicle?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 26, 2022

Normally, an inventory of personal property is taken. The owner should then be allowed to retrieve the property.

1 Answer | Asked in Business Law, Federal Crimes and Trademark for Alabama on
Q: Is it against the law to use the name of a government program to market advice and sell services?

My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... View More

Fritz-Howard Raymond Clapp
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answered on Jan 17, 2022

The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... View More

1 Answer | Asked in Copyright and Business Law for Alabama on
Q: Is it illegal to post links to audio recorded books on YouTube for my educational resources website?

I'm launching a membership and stand alone sales program covering copyrighted novels, The Hobbit, Harry Potter, Hunger Games, etc. where I develop and sell learning workbooks to complement learning using the novels.

I will sell membership plans for the resources I create.

Is... View More

John B. Hudak
John B. Hudak
answered on Jun 25, 2020

Under copyright law 17 USC 106, the owner of a copyrighted work has the exclusive right to copy, prepare derivative works, distribute copies, publicly perform, publicly display – of their copyrighted work.

A derivative work is a work made from another work – with other descriptions of...
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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 16, 2020

Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.

1 Answer | Asked in Business Law for Alabama on
Q: Is it against the law that mbtech technology at Mercedes Benz if a female can not be a technician there.

I have been there 5 years and knowledge to work on these cars but i was told by mbtech boss and Mercedes that i can not be a technician.

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2019

You'd probably want the input of an employment attorney on this question. You could repost and add Employment Law as a category. Good luck

Tim Akpinar

Q: As a developer, does my employer own rights to my side projects that I work on in my own time and on my own hardware?

In my employer’s employment agreement:

“As between Company and myself, I agree that all right, title, and interest in and to any and all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived,... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 1, 2019

That is what they are asking for. You would need to consult with an employment attorney in your state to see if this would be enforceable under local law.

This is an overreach by the company. Normally, they limit this sort of agreement to inventions or software related to their line of...
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1 Answer | Asked in Business Law for Alabama on
Q: Can I own a construction company, and a rental company?

The construction company will rent everything from the rental company; Tools, company vehicles, job trailers, etc. The rental company will only suppy the construction company. Would doing this fall under embezzlement?

Benton R Patterson III
Benton R Patterson III
answered on May 3, 2018

There is nothing inherently illegal about owning one company that rents equipment to another company you also own. In fact, this may be a useful structure to limit a creditor's ability to go after the equipment. Although, you must properly account for and pay taxes on the transactions. You... View More

1 Answer | Asked in Tax Law and Business Law for Alabama on
Q: Are Alabama Non-Profit Corporations tax exempt? Are donations made to them tax-deductible?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 6, 2016

When properly established non-profit entities are exempt from federal and state income taxes, property tax, personal property tax, and state sales and use tax on purchases. They are still subject to employment tax withholding, sales and use tax withholding on sales of goods, and excise taxes. For... View More

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