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Florida Business Law Questions & Answers
2 Answers | Asked in Business Law for Florida on
Q: Can an employer open an LLC in different state under my name? Now they ask me to open a business account under my name.

Without my knowledge. They already opened an LLC and sent me the paperwork to open the business bank account. Is it legal? I don’t understand how can someone open an LLC under my name without me being involved?

Jane Kim
Jane Kim answered on Oct 15, 2021

Obviously more facts are needed. But unless your name is Ford and someone opened another Ford and sells cars there, why not? Would their opening a business, using what happens to be your name, is creating some sort of market confusion? Is your name trademarked? Is your name already being used in... Read more »

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1 Answer | Asked in Banking and Business Law for Florida on
Q: my bank is denying me the release of my funds its been over 90 days is that legal? they closed the account july 26th

the deposit was a ppp loan that the security team failed to verify upon initial deposit and erroneously released the funds i was unaware of the loan not being fully verified i used 1600 of it and on july 4th they closed my account under fraud. turns out it was the mistake of an employee not fully... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2021

This problem is not unusual.

The PPP loan program was the first of its kind ever; and the government allowed the nation's banks and other financial organizations to make too many lending decisions that the SBA should have made.

I have helped at least a dozen people in similar...
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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: can a county tourism dept and landfill pilot drones without a part 107 licence?

if not, can somone persue legal thru attorney representation

Linda Liang
Linda Liang answered on Oct 7, 2021

You can conduct research as to the local regulation with the help of an attorney. You can also hire an attorney to challenge this act following certain procedure. Hence, the short answer is yes.

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1 Answer | Asked in Business Law and Intellectual Property for Florida on
Q: I own an LLC and my partner's breached their fiduciary duties and are demanding assets that will result in layoffs...

I own an LLC (65% share), and my two business partners (35% share - they invested prior to joining as manager-members if that matters) decided to start a competing company while still a manager-member of my company while before it was dissolved. This new company they formed is 100% direct... Read more »

Jane Kim
Jane Kim answered on Sep 25, 2021

I’m not sure it is possible to answer this question intelligently due to insufficient facts. How are they member-managers if there’s no operating agreement? And you’re right, fiduciary duty would attach to member-managers. You need to retain a business lawyer to get into the facts in order... Read more »

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: What lawyer do I contact? Received a UCC filing because my husband didn't sign closing paperwork on a property.

My husband is a volunteer for our home owners association, he's the President. The association was selling vacant property and there was a company that wanted to purchase it. They agreed on a price, however, at the closing, the realtor had added $500 to her commission and my husband would... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 22, 2021

You need to contact a real estate litigator. There are real estate attorneys who do closings and other transactional business, real estate litigators who do court cases and real estate attorneys who do both. Both is preferable. There are some pieces of information missing from this so it's... Read more »

1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: My Partner is threatening me to press charges against me for taking money from business account.

I have been working full time on this business.

Keith Kanouse
Keith Kanouse answered on Sep 6, 2021

Do you have a written agreement with your partner such as a Shareholders' Agreement, Operating Agreement or Employment Agreement? If not, you need to reach some understanding with your partner that you can't work for nothing?

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2 Answers | Asked in Business Law and International Law for Florida on
Q: Needing advice for subscription-as-a-service business model, USA and international.

My business, once launched, will collected recurring monthly charges to access advanced features on the platform (website and app), like SaaS. My business is currently an S Corp in Delaware, I reside and run the business from Florida.

What legal implications am I looking at? What countries... Read more »

Linda Liang
Linda Liang answered on Sep 3, 2021

You need to obtain a certificate of authority in order to do business in Florida. You can receive subscription from anywhere. A business attorney is who you should talk to about the details.

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1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I attended college and was told the program cost of tuition is 30k now graduated I paid 50k. I'm lost on the extra cost.
Linda Liang
Linda Liang answered on Aug 31, 2021

You can review the invoices and ask administration office for explanation.

1 Answer | Asked in Business Law for Florida on
Q: Can CEO of public traded company use employees for personal tasks?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2021

Unless the shareholders or directors object, yes.

2 Answers | Asked in Business Law for Florida on
Q: Can an Oregon LLC do business as usual in Florida? Civil court with a Man?

Yes, thank you

They would have to register foreign liability co.?

To do business in Florida courts in order to civilly sue?

Also, if your are indicted on federal charges . Is a lawyer still allowed to represent such indicted person ?

Jane Kim
Jane Kim answered on Aug 10, 2021

A company registered in one state and doing business in another state should also be registered as a foreign corp. in that other state.

I have no idea what else you're asking but it sounds like you have bigger problems than proper business registration and should contact a lawyer...
Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: assumed liabilities of asset purchase

purchasing a company and forming a new tax ID and name to rebrand company. Am i liable for any previous tax burdens or IRS audits?

Linda Liang
Linda Liang answered on Aug 4, 2021

If you have a new EIN, you did not purchase a company. You purchased business assets. You are not liable for its previous tax burdens or IRS audits.

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: If someone is quoted as saying something in a article, could you present it in court or would it be hearsay?

I should add that the person would be a witness at court so they could be asked about it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

There are many exceptions to the hearsay rule, and some of them provide that a statement is admissible if the person who said it is present in court. But it would depend on what was published, as well as what the statement would be offered to prove.

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: I need information on what to include in a contract between judges and production company for a TV show (like The Voice)
Charles M.  Baron
Charles M. Baron answered on Aug 2, 2021

That is not a do-it-yourself project. While you are not required to hire an attorney to draft the contract, you would be extremely unwise not to do so.

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Do software company's have any obligation to support perpetual license holders?

I have a perpetual license for an industry specific design software. We've always been forced to pay a yearly maintenance/support fee. Even if we missed a year becasue we didn't need it, they'd back charge us when we wanted to re-institute the support. Now the company has moved to a... Read more »

Keith Kanouse
Keith Kanouse answered on Jul 30, 2021

This article should give you more information as to whether the software company can terminate the contract.

https://www.lexology.com/library/detail.aspx?g=4820f348-4540-4179-a754-6809061bab0c

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: What laws and guidines would I need to start a temp agency for on call employees similar to uber?

What protection is needed?

Jane Kim
Jane Kim answered on Jul 27, 2021

To start, you'd need to be more protective and discrete about your business ideas without disseminating them on the internet. And if you believe in your idea, you'd need to include legal costs as part of your start-up costs.

Good luck.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I quit claimed a property from my LLC to my partnership LLC but did not record it. Is it legal?

I need to refi the partnership property but can't due to lien on the LLC still shown on county records as owner. My attorney says since I didn't record quut claim its not legal but everything I read says it is. Is it?

Charles M.  Baron
Charles M. Baron answered on Jun 8, 2021

The execution (signing/notarizing) of a deed legally effectuates the transfer, and the recording of the deed is to put the world on notice of the transfer. When it comes to liens, the order of recording can determine the priority of the liens. Ask your attorney to fully explain to you, and or... Read more »

1 Answer | Asked in Business Law and Copyright for Florida on
Q: Is a tweet (words or phrases, not pictures) public domain or does ownership automatically attach to the one who posts?

For instance a popular tweet such as a post by someone called @geraldinreverse: "well, well, well, if it isn't the consequenses of my own actions."

It got almost 300K likes and 140K retweets.

Is that phrase owned by @geraldinreverse or can I print that phrase on a shirt and sell it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

Depends

Consult with an attorney

You are referring to copyright

There are requirements related to copyrights such as innovation and creativity, and also the scope or size of creation

It is likely that what you indicated does not fall under copyright, maybe under...
Read more »

Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.

I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on... Read more »

Linda Liang
Linda Liang answered on May 10, 2021

This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an... Read more »

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