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Michigan Business Law Questions & Answers
1 Answer | Asked in Business Law, Internet Law and Gov & Administrative Law for Michigan on
Q: Do I need to register as a scrap dealer in Michigan if I am an LLC. Can I be exempt as a corporation?

I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other... View More

2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2023

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

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2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

James L. Arrasmith
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answered on Sep 21, 2023

If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that... View More

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1 Answer | Asked in Real Estate Law, Banking, Business Law and Insurance Defense for Michigan on
Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.

The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.

If it doesn't say that,...
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2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: I am in a partnership dispute. I am a member of a 50/50 partnership. We both agree to dissolve the company.

Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?

David Soble
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David Soble
answered on May 26, 2023

Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... View More

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1 Answer | Asked in Personal Injury, Products Liability and Business Law for Michigan on
Q: Videographer creating ads for another company's safety product?

I am a videographer and run my own videography company. If I promote a safety product (film ads and take photos) for another company's product to be released on their social media, and that safety product ends up not being what is stated unbeknownst to me and it ends up failing and hurting... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. In a setting like this, there are no guarantees as to who a potential plaintiff would name in a lawsuit. If someone is merely inserting a script that the client provided without knowledge, that would probably be... View More

1 Answer | Asked in Business Law and Employment Law for Michigan on
Q: I am the Receptionist and Personal Assistant to the CEO of a clinic. The CEO assigned Closing notes to me

The CEO has told me to go into her login, correct the notes and then sign off of them electronically. These are patient notes. I discussed this with my former supervisor and she explained how this was illegal. I need advice as I’ve closed dozens if not hundreds of notes for her.

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2023

I think you need to address your concerns to your current CEO. Your CEO may be unaware that what she's asking you to do is unlawful, and will hopefully appreciate you bringing this to her attention. She may also know it is permissible and be able to explain to you why it is. Either way, your... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for Michigan on
Q: Are there any licences/regulations required for personal finance websites w/affiliate links for loans, credit card, etc?

Curious about starting a website like Nerdwallet or Bankrate.com, where we write articles about financial products/services and have affiliate links to personal loan companies, credit cards, insurance, investments, loans, etc. We wouldn't provide any goods/services ourselves, but would just... View More

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

This is not legal advice.

Perhaps. There certainly are regulations that personal finance websites must follow when selling or promoting financial investments and tools. You may consider investigating whether or not the website is required to disclose any material connections or financial...
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1 Answer | Asked in Banking and Business Law for Michigan on
Q: I owned a business, our bank without notices or court order froze our bank account, this closed the business immediately

The company was not behind on payments and not out of formula on credit line, I cannot talk to our loan officer and bank attorney will not provide any info

Adam Alexander
Adam Alexander
answered on Jan 10, 2023

Not a lot of detail in this question. A lawyer will need a lot more to provide you with your best legal options. However, my suggestion would be to immediately file a complaint with the CFPB. Your bank will have to respond, and this action may allow for a resolution. To the extent you later file a... View More

2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
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1 Answer | Asked in Business Law and Civil Litigation for Michigan on
Q: Can the family of someone who sued a company file their own suit even after the original plaintiff is deceased?
David Soble
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David Soble
answered on Oct 20, 2023

Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.

1 Answer | Asked in Business Law for Michigan on
Q: If a job does random drug testing, do they have to inform you about it upon hiring in Michigan?

Obviously if a job does random drug tests, they don’t have to give you a warning of when they are going to do them. More or less wondering that if random testing is part of the job, If they have to tell you up front

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2023

I do not believe so, but I think most employers do include a disclosure such as "may be subject to random drug testing".

Certainly worth the ask up-front if it's a concern for you.

1 Answer | Asked in Contracts, Business Formation and Business Law for Michigan on
Q: Can I get sued at 15 for money?

I have got into a problem I’m 15 and I had a sweet 15 and hired a choreographer that went to my school who is like a year older then me and we both agreed to pay him 250 but I had to cancel the whole dance because I sprained my foot and couldn’t dance and we barely had like five practices and I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 29, 2023

Yes, but you should raise a defense that you are a minor (unemancipated, I assume) and cannot be held legally responsible for a debt that is not for a necessity.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Do I get to keep my *prospective* business

I wanted to start a business back in 2019. I went through the process of choosing the perfect name, narrowing down my niche, choosing products, etc.

While going through that, I had a "business savvy" boyfriend. He wanted to be a part of it, and quickly started trying to take... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 22, 2023

Your question should be analyzed as whether property rights, or rights with respect to competition law, have arisen. Is there a copyright, whether or not registered? A potential claim for unfair competition? An outright theft of information? I cannot tell.

1 Answer | Asked in Contracts, Business Law and Patents (Intellectual Property) for Michigan on
Q: Have idea to enhance an existing product for existing business. What kind of atty to draft protection, more than a NDA.

I Have an idea to enhance an existing product for existing business, I would like to propose the idea to this business but would like to protect myself for compensation if they should like it and want to go through with it. What kind of an attorney would I seek to draft protection, I want more than... View More

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Dec 14, 2022

Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: Can a Resident Agent of an llc buy, sell and negotiate real estate transactions, without a real-estate license?

Only listed Resident Agent lives in Texas, has an office in Michigan. The Michigan business license says "general purpose clause".

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 23, 2022

‘Buy sell and negotiate’ for what purpose?

Buying/selling for the use of the LLC? Sure. You don’t need any special licenses to buy or sell land for your own use.

Buying/selling as a ‘public agent’ / broker to the public representing buyers and sellers? Not without...
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1 Answer | Asked in Banking and Business Law for Michigan on
Q: I made an online purchase on the target website using apple cash and because of that purchase someone stole my debit and

Apple cash information. I have proof that it was the target purchase that allowed the hackers to get my information. Do I have a case?

Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

You do against the hackers. But there's not enough information for other potential parties. Most transactions using Apple Cash are below $1,000 and it is likely you'll get your money back for fraudulent transfers. Have you contacted Apple, Target, and the bank behind Apple Cash? How do... View More

1 Answer | Asked in Contracts and Business Law for Michigan on
Q: Can a single member LLC be charged a late fee for making a payment on a saturday when the due date was that same day?

I paid my credit card payment electronically on the 25th when it was due which also fell on a Saturday. I was charged a $75 late fee because the company does not accept payments on Saturdays and Sundays so it wasn't processed until the 27th which was on Monday. This credit line is under my... View More

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

Being a single member LLC wouldn't change whether or not the late fee can be assessed on the company. It sort of depends on the contract you signed requiring you to pay in the first place to determine whether or not the late fee was properly assessed.

1 Answer | Asked in Business Law for Michigan on
Q: Is it legal to look at other peoples stock trades(that I did or didn’t pay for), modify them, and sell them?

I plan to start a business of analyzing twitter and discord stock traders.

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2022

Probably not illegal if using publicly available information.

1 Answer | Asked in Business Formation, Business Law and Contracts for Michigan on
Q: . Is it legal for me to sell pastries from a local bakery in my floral business without a food license?

I have a question that may appear ridiculous, but I feel compelled to ask. I'm a new entrepreneur who wants to bring the relaxing Parisian experience to Michigan. I'm in the midst of starting a luxury floral boutique

In other words, I would be supplied with fresh pastries from an... View More

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2022

You should consult a local business attorney, but I believe at the point you are selling food items, then additional licensing may be required.

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