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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

2 Answers | Asked in Business Law, Contracts and Civil Litigation for Missouri on
Q: Can a real estate agent be held accountable for lost income due to unauthorized client representation?

I am facing a situation where an agent at my real estate brokerage represented a client without the broker's knowledge, violating our office policy which states that only the managing broker can enter agreements with clients. This action resulted in a loss of over $10,000 in commission income.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 11, 2025

I suspect that the answer to your question would depend on whether the agent is an independent contractor and the terms of your contract with the agent. If you think the $10,000 would be collectible, it might be worth hiring an attorney either to sue the agent or to seek a settlement.

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1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Missouri legal guidance for an online consignment store using eBay regarding consignment items from out-of-state sellers and required licenses.

I am trying to run an online consignment store using eBay as a sole proprietor and have registered a fictitious name for my business. According to Missouri law, am I allowed to list consignment items from people outside of Missouri? I understand people can ship to other states and countries from... View More

James L. Arrasmith
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answered on Jun 7, 2025

You're allowed to list consignment items from out-of-state sellers on eBay. Missouri law doesn't restrict you from selling goods on behalf of clients outside the state. As long as you're operating from Missouri and the items are legally owned and shipped, you're within your... View More

3 Answers | Asked in Tax Law, Banking and Business Law for Missouri on
Q: I’m in the state of Missouri and would like to start purchasing Roblox games under my sole LLC.

I want to confirm that the contract is an asset purchase agreement, not a service or commission arrangement, with funds paid via PayPal from the business bank account. In addition to the contract copy and payment, is there anything else I need to send to the seller if they are in the USA or another... View More

Robert Grant Pennell
Robert Grant Pennell
answered on May 24, 2025

You need to contact a business attorney to get assistance with this transaction to ensure you are getting what you believe is the nature of the transaction. This is too important to anything less.

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1 Answer | Asked in Business Law, Contracts, Tax Law and International Law for Missouri on
Q: Buying Roblox game from seller, need additional documents for transaction?

I am buying a Roblox game from an individual who may be inside or outside the US. I am based in Missouri and will be paying in USD via PayPal. Besides sending a signed contract and payment, are there any other required documents I must provide or collect from the seller, such as W-8, W-9 forms, or... View More

James L. Arrasmith
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answered on May 23, 2025

When purchasing a Roblox game from an individual seller, you typically won't need to collect W-9 or W-8 forms as a buyer paying through PayPal. The IRS requires businesses to collect W-9 forms from individuals or entities they pay $600 or more for services or non-employee compensation, but... View More

2 Answers | Asked in Business Law and Tax Law for Missouri on
Q: Can I lend money to my single-person LLC as a no-interest loan for property repairs?

I own a single-person LLC and have two rental properties under it. I am considering lending money from my personal funds to the LLC as a no-interest loan to cover necessary property repairs. I will ensure there's a proper loan document. This would be the first time I'm making such a loan... View More

Robert Grant Pennell
Robert Grant Pennell
answered on May 15, 2025

You can certainly lend funds to your single member LLC. If you don’t charge any interest on the loan, it is possible for the IRS to impute interest income to you.

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2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Missouri on
Q: Can I name my cleaning company "Mad Hatter" despite Disney's trademark?

I would like to use "Mad Hatter" as the name for my cleaning company, but I know that Disney holds a trademark for it. Would it be illegal for me to use this name for my business? I plan to create an original logo and have not tried contacting Disney for permission. What are my options?

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 30, 2025

Yes, you can, but you will almost certainly be sued for infringement. How much money do you have to waste on unnecessary litigation expenses?

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Q: Legal guidance for Missouri business offering propane tank repainting and branding services.

I am planning to launch a business in Missouri under the name PaintMyTank, focusing on repainting residential and commercial propane tanks. Our services include solid color repainting, custom artwork, and logo branding, all performed at the customer's location. I understand that tanks cannot... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 22, 2025

Congratulations on your new business venture. I hope things go well for you.

On the one hand, you are asking the right questions. Unfortunately, a forum like this cannot provide adequate responses.

You will need to hire a business lawyer to assist you with these issues. I recognize...
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1 Answer | Asked in Contracts and Business Law for Missouri on
Q: How to handle conflicting wedding service cancellation fee terms with documented proof of lower fee?

I booked wedding services on October 4, 2025, with a non-refundable booking fee of $300, which I paid. However, the agreement PDF titled "INSTRUCTIONS FOR RESERVING OUR SERVICE" indicates a change in cancellation terms across two parts. The summary section claims a $300 cancellation fee... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially when you’ve made plans in good faith and have clear documentation to back up what was originally agreed. When contract terms are conflicting or unclear, Missouri law generally interprets them in favor of the party that did not draft the... View More

2 Answers | Asked in Business Law, Employment Law, Arbitration / Mediation Law and Contracts for Missouri on
Q: Seeking options after 10 months of workplace bullying and demotion.

I have experienced 10 months of workplace bullying, abuse, and harm at my current workplace, along with my partner. I was demoted from my position, socially isolated, and publicly and privately smeared. I've been focusing on healing and have been on leave from work for a month. Currently, a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 7, 2025

I suggest you pay an attorney to review your employment agreement and provide a consultation. In general, however, what you've described falls into the categories of "My employer is unfair" and "My employer is mean." Unfairness and meanness are not unlawful under Missouri... View More

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2 Answers | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: Can one LLC sue another LLC in Missouri small claims court?

I am part of an LLC in Missouri, and we have a dispute with another LLC over a cancelled event. We paid $250, and there was a contract stating that refunds would be issued only if the event was cancelled by the organizer. The event was cancelled due to a lack of participation. Despite attempting to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2025

Yes, LLCs may be parties to lawsuits in small claims court. Getting and collecting a judgment for only $250 will take a fair bit of time. Most small claims judgements go uncollected.

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1 Answer | Asked in Immigration Law and Business Law for Missouri on
Q: Visa extension issue with H-2B sponsor in Missouri.

I was sponsored for an H-2B visa by a company that misled me into believing I could obtain a visa extension. They promised we could stay under the extension process, but it never happened. I was sent back to my country, and now the company is not responding to requests for documentation. I... View More

James L. Arrasmith
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answered on Mar 9, 2025

You're facing a challenging situation, as your H-2B sponsor misled you about your visa extension options and is now avoiding providing essential documentation. First, you should gather any records you have, including emails, text messages, or letters that prove the company's promises and... View More

1 Answer | Asked in Real Estate Law, Business Law and Land Use & Zoning for Missouri on
Q: Hi, my name is Olivia. I recently inherited raw land in Hayti, Missouri. I am seeking answers on a few questions.

I have some details if needed.

Land is about .5 of an acre. A house was on land over 35 years ago.

My questions are the following: Are there any restrictions when trying to build on land? I am interested in building a trailer park to rent land for trailers and/or trailer rental. Is... View More

Anthony M. Avery
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answered on Nov 21, 2024

Hire a MO attorney to search the title and advise on zoning and code permits.

1 Answer | Asked in Business Law, Criminal Law and Constitutional Law for Missouri on
Q: Can law enforcement in missouri use a technology that see's thru walls? It's called xazer. Its a 4th amdment issue.

If a person is observed doing something illegal inside a house specifically bedroom and bath, is this admissible evidence? Has this been challenged in missouri courts?

James L. Arrasmith
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answered on Sep 21, 2024

In Missouri, law enforcement's use of technology that sees through walls, like Xazer, raises serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches, and courts generally require a warrant for any search that intrudes into areas where people have a... View More

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.

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