Lawyers, Answer Questions  & Get Points Log In
Maryland Business Law Questions & Answers
1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Does a president of a condo association have the right to hire and fire employees without board approval?
Matthew Morris
Matthew Morris
answered on Jun 4, 2022

Like almost any good legal question, the answer is "it depends." Generally, an individual person can be given the ability to hire and fire employees without calling for a board vote. But a more specific answer is that you should look at your association's bylaws. Under Maryland law,... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: I am separating from a business partnership and want to know if I am liable for business debt.
Mark Oakley
Mark Oakley
answered on May 5, 2022

If it is a general partnership, and not a limited liability company or corporation, then all partners are equally and personally liable for the debts of the partnership, subject to any partnership agreement or withdrawal agreement between the partners as to indemnification or contribution toward... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: In MD can I use my llc to run an apparel store and for a self nail salon? Do I need 2 trade names under the llc?

I use my llc to run my apparel store but I want to start a self run nail business and I don't want to start a new llc. Can I use the llc to parent the 2 companies ? Do I need to purchase a trade name for each or can I just do one for the nail business and continue operating the llc apparel... Read more »

Mark Oakley
Mark Oakley
answered on Apr 15, 2022

Most LLC articles of organization contain a purpose clause that authorizes the LLC to engage in any lawful business or activity, but unless the articles strictly limit the business activity of the LLC, then the LLC can run any type of business it is otherwise lawful for anyone to engage in. The... Read more »

1 Answer | Asked in Contracts, Business Formation and Business Law for Maryland on
Q: What are my rights as a llc when a contract is being broken? I have refused to sign a addendum.

I have a contract with a organization. I was handed addendum to the contract which declined to sign. They threatened to They threatened to suspend contract. Three is 25 hour week retainer fee. The contract can be cancelled by either party by giving 60 day notice in writing which I have not... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2022

You need to take your contract to a lawyer to review what it actually says, and evaluate whether it has been breached or not, and what your remedies are in the event it is breached. Your post does not really say anything other than they are trying to change the terms of the agreement you both... Read more »

1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: Does a prior burglary 2nd degree not of homes disqualify you from getting home improvement license cases are 17 years ag

A maryland home improvment license

Scott Scherr
Scott Scherr
answered on Mar 23, 2022

I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: If another business in another state has the same name as mine, what ramifications could be involved?

I am in the process of starting my business with the paperwork having been filed to the state of Maryland. Since filing, I found out that another business exists with the same name out of California. Both businesses have the potential for national and global reach (theirs is a fiction magazine,... Read more »

Mark Oakley
Mark Oakley
answered on Mar 10, 2022

Assuming neither business is currently doing business in each others current territories, and assuming neither business has registered the name as a federal trade name with the USTPO, there would be no appaent conflict. An agument might be made that the two businesses are sufficiently dissimilar in... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Maryland on
Q: Can a Maryland business deny you service based on LGBT status? My child (exploring gender) was told they aren't welcome
Mark Oakley
Mark Oakley
answered on Feb 2, 2022

Not in Maryland they can't. The Fairness for All Marylanders Act of 2014 prohibits it. If the business is an establishment where the public has access to goods and services (bars, restaurants, hotels, gas stations, retail stores, etc.), it is not allowed to treat a person who identifies... Read more »

1 Answer | Asked in Employment Law and Business Law for Maryland on
Q: My boss has a camera in my office I did not know about. Is this legal?

We have many 24 hour security cameras at my workplace in most of the rooms and offices. Some are only visual and others also record audio. All are placed in various corners of ceilings so we are aware our boss can monitor us. My office is one of the few that does not have a camera in the room.... Read more »

Mark Oakley
Mark Oakley
answered on Jan 23, 2022

Sounds like it is time to start looking for employment elsewhere rather than continuing to work in this creepy, untrustworthy surveillance atmosphere. The employer either shows zero faith or trust in his employees' honesty or is some kind of pathetic voyeur. Surveillance makes sense for... Read more »

1 Answer | Asked in Real Estate Law and Business Law for Maryland on
Q: § 17-517. Office. What constitutes an "office" for the purposes of this statute?
Mark Oakley
Mark Oakley
answered on Jan 21, 2022

When citing to a title and section number of the Maryland Code, you need to specify which named Article you are referring to. There may be multiple §17-517s throughout the Maryland Code. Because you identified real estate as a practice area, perhaps you are referring to Business Occupations and... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: would i be able to sue a dealership for giving false info about promo going on

We called the dealership to get information before going so that if we didn't meet criteria then we wouldn't waste our time. So they told us over the phone that we didn't have to worry about our credit being ran, we would only have to pay $88 as a down payment, and the monthly... Read more »

Scott Scherr
Scott Scherr
answered on Jan 13, 2022

You can complain to the Consumer Protection Division of the Attorney General's office and they will investigate.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Maryland on
Q: Supplier/ installer company sold the ceiling track light to the dentist. The light got separated from the pole, fell and

The light got separated from the pole, fell and caused injury. Expert concluded that the security pin that hold the light to the pole was not installed. Company came and replaced the light and installed the pin in other thirteen pieces of the same type of equipment. There was a personal injury... Read more »

Mark Oakley
Mark Oakley
answered on Dec 24, 2021

(1) and (2): The Consumer Product Safety Commission issues recalls for unsafe consumer products, and the manufacturer remains liable to injured persons (emphasis on "injured") on account of their dangerous products, but there is n general right to sue companies solely on the basis that... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: A check written out to my business from another business is stolen from mail and cashed, who’s responsible for paying me

Maryland. Subcontracted for a job, the contractor mailed a check as payment payment was stolen from the mail, I never received it someone signed and cashed it

Mark Oakley
Mark Oakley
answered on Dec 18, 2021

Assuming what you are being told (by whom?) is true, the bank that paid the check is legally liable to the person or company to whom the check was made payable. The bank that paid the check accepted a forged signature without checking or confirming the identity of the person cashing/depositing it.... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Maryland on
Q: What recourse do I have when a business refuses to accept a gift card that is still within 4 years of original purchase?

The gift card has fine print, smaller than 12 pt font, indicating that it expires 1 year from purchase.

Mark Oakley
Mark Oakley
answered on Dec 15, 2021

Read all about your rights at the following link, and scroll to the end of the page on the link for phone numbers to call. You can also search for a consumer protection lawyer who may be able to take on the case under a consumer protection statute that allows them to sue for attorney's fees... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How to get a liquor license for a party bus?

What statutes and licenses allow for the consumption of alcohol on a party bus and/or mobile bar?

Mark Oakley
Mark Oakley
answered on Dec 10, 2021

Each county and the City of Balitomore has its own liquor board license regulations for sale of liquor within their jurisdictions, so you will need to check with each jurisdiction in which you intend to operate. You will have to check with each liquor license board whether a license is required to... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: What are the exceptions to the 3 year requirement for filing a law suit for breech of contract?
Mark Oakley
Mark Oakley
answered on Nov 14, 2021

(1) the word, "seal" appears on, near or under th signature of the person signing the contract, which extends th SOL to 12 years in Maryland.

(2) the contract specifies a different SOL.

(3) the party suing is or was under a disability during the time the SOL was running,...
Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Business Occupations and Professions Title 18 - Security Systems Technicians Subtitle 1 - Definition;

General Provisions § 18-102(d)(2) Have access to circumventional information. What is circumventional information? I looked up the word circumventional and it's not a word.

Mark Oakley
Mark Oakley
answered on Nov 4, 2021

MD Code, Business Occupations & Professions, § 18-101. Definitions

(a) In this title the following words have the meanings indicated.

Circumventional information

(b)(1) “Circumventional information” means information, including pass codes, that allows an individual...
Read more »

1 Answer | Asked in Business Law for Maryland on
Q: Do I need to register as a sole proprietor with SDAT?

By having a domain and selling on the website. No business license required.

Mark Oakley
Mark Oakley
answered on Sep 29, 2021

If your business uses or owns any personal property in the conduct of its business, then yes. Businesses must pay an annual tax based on the value of their personal property (furniture, fixtures, tools, machinery, equipment, etc.). The Maryland Department of Assessments & Taxation administers... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Are you required to open a business bank account?

If you're a sole proprietor and also file a DBA in Maryland.

Mark Oakley
Mark Oakley
answered on Sep 26, 2021

No, but it’s a lot cleaner and easier for accounting and tax purposes if you do, since you need to separate out business expenses and income from your personal expenses. It’s a much better business practice as well since there may come a time when you’d like to obtain business financing,... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I issue shares to myself in Maryland

My company is incorporated in Delaware and I have applied for registration in maryland as foreign entity. I want to issue shares to myself. I have appointed myself as CEO and Secretary. Do I need witness to issue shares to myself ?

Mark Oakley
Mark Oakley
answered on Aug 27, 2021

Consult a lawyer. You can issue stock on behalf of the company as the director or officer, to yourself, by use of a bill of sale or stock subscription agreement. You need to check your articles of incorporation and any stockholder's agreement, by-laws, etc., to confirm how many shares of... Read more »

1 Answer | Asked in Immigration Law and Business Law for Maryland on
Q: My question to you is; since I've never paid taxes before nor am I eligible for a SSN, what do you recommend I do?

I have a unique case under my belt. Perhaps you've worked with people in a similar situation before, but I'm an A2 visa holder (under my father's contract) and I'm looking to purchase an online E-commerce business that has gone for sale for $4 million. It's an extremely... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Jul 30, 2021

Such an endeavor and investment warrants the retaining of an experienced immigration attorney. There are a few possibilities and you should discuss them with a qualified attorney.

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.