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Indiana Business Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Indiana on
Q: I was terminated before I started a job

After selling or giving away much of our personal effects and furniture, accepting an offer on our home, I received a call late Friday that the hiring manager is no longer with the company and the job offer I had signed has been rescinded and terminated.

The feelings I have rushing through... View More

T. Augustus Claus
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answered on Nov 15, 2023

Many people have had their job offers rescinded, often for reasons beyond their control.

There are a few reasons why a company might rescind a job offer. One reason is that the company may have lost funding or had to make layoffs. Another reason is that the company may have found a more...
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2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Indiana on
Q: I am undergrad at ivytech. I was curious on if I would be able to get a summer law internship this summer.

I will be transferring next year as a junior. I am currently studying criminal justice and want to go into criminal law. I will be taking a couple classes, but was hoping to possibly get an internship at a firm this next summer. If you guys are looking, I would be very interested at working at your... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a legal question and answer forum and not a job seeking forum. You should reach out directly to the law firm where you are interested in obtaining an internship.

It would help you in your search if you were to put together a resume detailing your undergraduate legal coursework...
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1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What is the difference between an Entity Authorization and a Corporate Resolution?
T. Augustus Claus
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answered on Sep 28, 2023

In Indiana, an Entity Authorization is a general document that specifies who can act on behalf of any business entity. A Corporate Resolution is specific to corporations and records formal decisions made by the board of directors or shareholders. Both indicate who is authorized to make decisions... View More

1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: If HOA Board resigns en masse, effective immediately, can they rescind resignations without homeowners approving?
Matthew Morris
Matthew Morris
answered on Jul 24, 2023

You probably need to look at a couple documents and a couple provisions of the law to know what legal effect the mass resignation caused.

First, find copies of your governing documents. If your HOA is a corporation (most are), you are looking for your Articles of Incorporation and your...
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2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Indiana on
Q: Can someone make their YouTube series the same name as my company/domain name?

I own my company, website, and domain name “ask a backpacker” someone on you tube have a series with the same name. Isn’t that illegal?

James L. Arrasmith
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answered on Aug 6, 2023

If you own the company, website, and domain name "Ask a Backpacker," you may have common law trademark rights to the name. If someone on YouTube is using the same name for a series in a way that causes confusion or may dilute your brand, it could potentially be considered trademark... View More

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1 Answer | Asked in Employment Law, Tax Law and Business Law for Indiana on
Q: Can volunteer bartenders working on behalf of a 501c3 accept tips from customers?

I work as a bar manager (as a paid employee) for a nonprofit 501c3 organization that hosts a theatre festival every summer. During the festival we have a handful of volunteer bartenders. We have run into an issue where the jars put out in the past have always been claimed by the organization as... View More

Matthew Morris
Matthew Morris
answered on Jul 3, 2023

You have an interesting question, and a full answer would require looking at individualized details of your organization and the people who are both working and volunteering for it. But here are some things that you might consider.

As you point out, the general rule is that tips left for an...
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1 Answer | Asked in Business Law, Employment Law, Civil Rights and Criminal Law for Indiana on
Q: Employer wants me to secretly record customers in their homes for sales pitches in Indiana. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... View More

1 Answer | Asked in Business Law for Indiana on
Q: How is the statute of limitations determined when two parties to a contract live in different states.

One party is in a state that has a 6 year statute of limitations for a contract and the other party resides in a state with a 10 year statute of limitations for a contract. The person in the 10 year state wishes to sue the person in the 6 year state for breach of contract. How would the courts... View More

Michael Ray Smith
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Michael Ray Smith
answered on Mar 5, 2023

The answer to that question is probably more complicated than you anticipated because it may depend on where the lawsuit is filed. There are also some nuances that can change the answer. I'm going to give you the short version of the answer, without addressing all the nuances. To get... View More

1 Answer | Asked in Business Law, Civil Litigation and Collections for Indiana on
Q: What can I do if I can't find a lawyer? I need to respond to the court within 20 days but I have a few days left to do

I received a notification from the court of a lawsuit and I have 20 days to respond after the notification, but it's been approximately 11 days and I still can't find a lawyer. If I can't find one, what can I do?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2023

An Indiana attorney could advise best, but your question remains open for two weeks, and time is of the essence in your matter. As a general course of action nationwide, one could request an extension to arrange for an attorney. Most plaintiff firms would grant that courtesy. Reach out to local... View More

2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

I thought of something else worth mentioning...the situation you describe makes it even more important than usual to protect the LLC's liability shield, i.e., to avoid practices that courts might use as reasons to "pierce the veil," an extraordinary remedy that allows the creditors... View More

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2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... View More

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1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Indiana on
Q: May I run a massage therapy business in my home, if I live in Marion county, indianapolis, Indiana, 46241
Michael Ray Smith
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Michael Ray Smith
answered on Nov 26, 2022

I cannot answer your question off the top of my head, but the two areas of possible concern:

(1) Are Indiana massage therapists, in general, subject to laws that would prohibit you from practicing in your home? Sources of possible restrictions include the provisions of the Indiana Code...
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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Indiana on
Q: Why won't the police do anything when someone takes your items without compensation?

Left items at toy store for appraisal,after a balljoint failed ruck totalled almost life lined. Kept in touch full time with Google, or Bay. But soon as got my feet back on ground and was ready pick up my legally owning items. for two totes toys from 1980-1999 and 73 HOTWHEELS was $40 so declined... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2024

Contact the Attorney General's Office for consumer fraud.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for Indiana on
Q: Lawyer violated rules conduct terribly with doc. Evid., commision denied the claim an did not act what should do next?!?

Had proof, they admitted the act in email, withdrew early and falsified the reasoning to the courts. But lied to me, made huge mistakes, acted without competence or diligence to the point of me have to help them and tell them how to do things. Confronted firm multiple times of actions but was... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 28, 2023

Of the many items you list as error, some may lead to a legal malpractice claim. Consult with experienced Legal Malpractice specialists attorneys in the state where this occurred.

1 Answer | Asked in Business Law and Energy, Oil and Gas for Indiana on
Q: Can a gas station sell a carton of cigarettes as 10 individual packs to make more money off of them?

When someone comes in to buy a carton we are made to ring up 10 individual packs so the customer pays more and doesn’t get a deal, wouldn’t this be considered price gouging since they are supposed to be sold a whole and not 10 individual packs.

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2023

An Indiana attorney could advise best, but your question remains open for five weeks. Energy and oil (a selected category for your post) attorneys don't usually get involved in these situations. A consumer rights attorney might have insight on this. Good luck

1 Answer | Asked in Business Law for Indiana on
Q: How do I go about approaching the Indiana Lottery about an app Idea I would like to sell to them.

I have an amazing app Idea for every states lottery...I don't want to develope and launch it I just want to take my idea the Lottery commission starting with Indiana and working my way to other state lotteries..and try to sell them the app Idea ..I have no idea where to begin.can you help?

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An intellectual property would probably have the best insight into your situation. You could discuss further with a patent or copyright attorney, depending on what it is you have in terms of an App - This is something that intellectual property attorneys are knowledgeable in. Good luck

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: I run a small business where i i use free fonts online for designs. While i was downloading a font today the file opened

Saying if using for commercial purposes you must buy license for use while it’s on a free platform and can be downloaded for free, my question is do i actually have to since this is a free font on a free platform or will i still be required to buy the license?

Matthew Morris
Matthew Morris
answered on Apr 16, 2022

The fact that a font is available for free online for some purposes does not mean that you can download and use it for free for other purposes. Fonts are considered to be a type of software. Just like other types of software, the person who programmed it can distribute it with license terms,... View More

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What forms must be submitted to IRS if my LLC brings on a new member

I am the sole member in my LLC, and am planning on adding one or two more members in the near future. There is no operating agreement therefor I am going off of Indianapolis law. It says it needs to be in writing, do I need to dissolve the LLC and form it with the new partners or can I sign... View More

Michael Ray Smith
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Michael Ray Smith
answered on Mar 30, 2022

If your LLC is currently taxed as a disregarded entity (i.e., like a sole proprietorship so that you report all the tax items on your Form 1040 instead of filing a tax return for the LLC), and you add members, you will need a new EIN. The LLC will then be taxed either as a partnership (the default... View More

1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: Can a seller put a high interest rate on land contract when he has a letter from Egg company guaranteeing the payment

A private company financed me to purchase a farm. They put a high interest rate on it because they put up all the money and took all the risk. But the egg company I'm contracted with gave them a written guarantee that they would pay the mortgage no mater if my farm was making enough money to... View More

Matthew Morris
Matthew Morris
answered on Mar 27, 2022

There are a few things that jump out at me from your question. The first is that you ask two things. One question is "can a seller put a high interest rate on a land contract" and the other is "is that fair...?" Those are two different questions, and the answer to one might be... View More

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