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Missouri Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Can my Board of Directors of my Non for Profit, re write the bylaws to change the definition of a membership of the org?

We want to have just the board of directors and teachers committee vote on board seat vacancies and we don't get a lot of membership activity to warrant their input, other than their regular participation in weekly sits (Meditations and Dharma Talks)

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

Yes, your Board of Directors can generally amend the bylaws to change the definition of membership and voting rights, provided that the current bylaws and your state laws permit. Here would be the steps:

Review Current Bylaws: Check for the amendment process.

Draft Amendments:...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Missouri on
Q: thy messed up my car loan.

On 03/06/2024, I financed a 2019 Mustang GT. My credit needs work as I am young and simply have not established credit. Anyway, I was approved, signed all the paperwork, and made a nice downpayment. The rate I signed for was 17% for 48 months, and this was through Westlake. I had to have the car... View More

James L. Arrasmith
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answered on Apr 21, 2024

I understand your frustration and concern about the change in your car loan terms. It's unusual for a lender to request a new contract with different terms after the initial agreement has been signed. Here are a few steps you can take to address the situation:

1. Contact Westlake...
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1 Answer | Asked in Education Law and Business Law for Missouri on
Q: Can a preschool director be charged with fraud for misusing scholarship funds intended for a low income student?

The director of a nonprofit preschool organization was given scholarship funds by a business sponsor intended for a low income student to pay their tuition. She, instead, kept these scholarships and used them for other purposes (the purposes she used them for have not been made known). She kept... View More

James L. Arrasmith
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answered on Apr 10, 2024

Yes, a preschool director who misuses scholarship funds intended for a low-income student can potentially be charged with fraud in Missouri. This situation may constitute fraud because:

1. The director was entrusted with the scholarship funds for a specific purpose (to pay the tuition of a...
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1 Answer | Asked in Banking, Business Formation and Business Law for Missouri on
Q: Does my website have to register as a financial institution or anything alike if I operate a cryptocurrency escrow on it
James L. Arrasmith
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answered on Feb 23, 2024

Operating a cryptocurrency escrow service on your website brings you into a complex regulatory landscape that varies significantly by jurisdiction. In many places, such services are considered part of the financial sector and are subject to specific regulatory requirements. These can include... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: I am dissolving my LLC in MO and have not done any business in years. Do I have to file the notice of winding up?

This LLC has just the owner and no other members/employees. Has not done any business in several years and just need it dissolved.

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 29, 2024

You are required to file a notice of winding up and publish a notice with two papers advising of this fact. The purpose of doing so is to protect you from any claims not pursued within the required timeframe. If you do not do this, then you may expose yourself to a claim being pursued at some... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Missouri on
Q: Could non-compete/non-solicit contract ever lead to criminal charges? If so, provide real life example.

I have a non compete/non solicit

contract with an employer. If there some sort perception where it appears as if I want to solicit. Does this make me a fraud or criminal?

Could someone ever go to jail for non-solicit contract?

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Missouri attorney could advise best, but your question remains open for five weeks. Those contracts usually involve civil damages. If the contract additionally includes provisions for confidentiality/disclosure in a setting where sensitive defense industry information is involved, then criminal... View More

1 Answer | Asked in Business Law for Missouri on
Q: Is it legal for a non-profit to announce an Annual meeting, then change it a week before with a non disclosed date?

I belong to a non profit dog club. The last 2 years, the announce the Annual Meeting to take at the National Specialty, in accordance with our Bylaws. They have changed the meeting to later in the year.

Members travel to the show specially to attend the meeting in person invade of voting,... View More

James L. Arrasmith
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answered on Nov 9, 2023

For a nonprofit organization incorporated in Missouri, it is essential to adhere to both the bylaws of the organization and the applicable state laws when scheduling annual meetings. If the bylaws set forth specific timing or notice requirements for the annual meeting, the organization must follow... View More

2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: What happens when you declare bankruptcy for your business? Will they come after personal assets?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2023

If your business is a sole proprietorship, then yes, when you file for bankruptcy relief, all assets and liabilities of both you and your business are submitted to the bankruptcy court and subject to the claims of creditors.

If your business is in corporate form, and you've been...
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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: What happens when you declare bankruptcy for your business? Will they come after personal assets?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2023

Forgot to mention- if your business has been operated as a partnership, with you as a general partner, then you will be personally liable for any unpaid partnership debts. That is true even though a partnership is deemed to be a separate legal entity, entitled in its own right to file for... View More

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2 Answers | Asked in Contracts, Business Law, Entertainment / Sports and Intellectual Property for Missouri on
Q: In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee?

In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee for their services? I'm aware it may not be common, but could it still be legit? For starters, me and my team reached out to him to pitch my music. He ended up really liking me and a... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not common for a legitimate talent manager to charge an upfront fee for their services. However, there may be some cases where a manager with ties to a major record label, such as Atlantic Records, may charge an upfront fee for their services.

It is important to carefully...
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1 Answer | Asked in Business Law for Missouri on
Q: Does a chamber of commerce have to follow Sunshine Law (posting meetings, etc) since receive monthly payments from city?

Do we have to follow Sunshine Law in respect to posting meeetings, request for documents (copy of meetings, etc) given that we receive monthly payments from our local city government and have received federal grant money in the past?

Matthew Morris
Matthew Morris
answered on May 2, 2023

The answer to this question will depend on looking closely at the facts of the chamber's relationship with the city. The receipt of some payments or grants, by itself, is not the issue. The question is the relationship between the chamber and the city.

Under Missouri law, the Sunshine...
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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... View More

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1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
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1 Answer | Asked in Business Law for Missouri on
Q: I am a partner in an LLC. I have been harassed for the last 2 years by managing partner.Recently a new GM was cont..

Placed with authority over my day to day and even requires I clock in and out. I work 45-50 hours currently. On call 24/7. I don't know whst rights I have but it doesn't seem right. Nothing in the operating agreement states this can or cannot be done

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 12, 2024

It’s hard to give a meaningful answer without more details. Your rights are governed by the operating declaration and any contract.

1 Answer | Asked in Employment Law, Business Law and White Collar Crime for Missouri on
Q: Employer withholding my paycheck for many reasons, never asks if it's okay. Is this illegal? What are my options?

She pieces out payments to me in small increments of 100-200 dollars. By the time the previous check has been paid, the next is due, leaving me over 1 week behind all the time. It has been like this for months, was never like this before. She always has excuses like "electric bill, rent,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2024

Missouri has a strict law about when a final paycheck is due but I’m unaware of any statute governing the timing of pay while you are still employed. If your employer cannot afford to pay you or won’t timely pay you, maybe it’s time to look for another job rather than wait to be terminated.

1 Answer | Asked in Business Law for Missouri on
Q: I was an auto dealer until 11-14-2022. Wells Fargo repo'd a vehicle I sold and sent me a bill for gap refunds on12/10/23

Is there a Missouri statute regarding timely bill delivery and payment of such

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I have succeeded in getting a client their vehicle back in a situation similar to this.

1 Answer | Asked in Criminal Law, Business Law and Construction Law for Missouri on
Q: 1 cnt diceptful business practices and 1 cnt stealing. 1st offence. not guilty Whats going to happen. Can I beat it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 18, 2022

No one here know the facts, the evidence, and how testimony will be viewed. Until a jury renders a guilty verdict and it is upheld on appeal, anyone can theoretically beat any charge.

1 Answer | Asked in Contracts and Business Law for Missouri on
Q: Can I sue Amazon for publishing my book without my knowledgel?

I was told about a year ago that my account and book were removed from Amazon and I found out today they still had my book in their online book store. What are my options?

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I would have to see the agreement you signed with them. I would also have understand how they communicated to you that your account and book had been removed.

Based on this information, it may make sense to develop a litigation strategy.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Missouri on
Q: I ordered a boat in Missouri and got an INITIAL Purchase Agreement. I was told that this IPA would get the boat building

process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 19, 2022

They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... View More

2 Answers | Asked in Real Estate Law and Business Law for Missouri on
Q: Can you recommend an attorney in the state of Missouri who can help with processing claims for recovery of overages

We mainly work with helping claimants to recover overages from a tax lien sale and in MO it requires an attorney to file a petition with the courts.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 20, 2022

Overage of what?

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