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New Mexico Business Law Questions & Answers
1 Answer | Asked in Business Law for New Mexico on
Q: Does a volunteer community orchestra in New Mexico need to exclude NM Registered Sex Offenders from participating?

We are a New Horizons Orchestra in New Mexico and are a member of the New Horizons International Music Association. We are a nonprofit 501(c)(3) group of musicians that play music in a community orchestra. We are primarily adults and retired people but we occasionally have minors playing with us.... View More

James L. Arrasmith
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answered on Feb 28, 2024

Based on the situation you described, here are a few key considerations:

- As a community orchestra with minors participating both as musicians and audience members, you have an obligation to provide a safe environment. Excluding registered sex offenders from participation may be prudent...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Civil Litigation and Business Law for New Mexico on
Q: If members must be allowed to attend Directors meetings, can they be denied access to any information that is discussed?
James L. Arrasmith
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answered on Dec 26, 2023

In New Mexico, the rules governing the attendance of members at directors' meetings and their access to information discussed therein depend on the specific bylaws of the organization and applicable state laws. Generally, members of an organization have a right to attend directors'... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Tax Law for New Mexico on
Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud

Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000

James L. Arrasmith
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answered on Dec 25, 2023

If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported.

For addressing preparer fraud, you...
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1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?

James L. Arrasmith
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answered on Dec 1, 2023

The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More

1 Answer | Asked in Business Law for New Mexico on
Q: Can Doordash Violate their own policy?

The claim top dashers get priority on orders and higher paying orders, but it's been proven new dashers, not top dashers get priority. It is a full blown lie. Nw dashers always get the better orders and more orders not top dasher which violates their policy

John Michael Frick
John Michael Frick
answered on Jun 11, 2023

Yes. A business can make policies as long as they don’t violate the law, and it can change and interpret that policy whenever and however they want. They can even be arbitrary in enforcing their own policy as long as they comply with applicable law. For example, they can’t illegally... View More

1 Answer | Asked in Employment Law and Business Law for New Mexico on
Q: Can a non profit (501 (c)) offer in a contract to pay a percentage of the profits, thanks
Matthew Morris
Matthew Morris
answered on Aug 9, 2022

It depends. Because you tagged this question with both "business" and "employment," I'm assuming that the profit-sharing contract you are asking about is a contract with an employee of the nonprofit organization. If so, you are dealing with a question involving a topic that... View More

1 Answer | Asked in Business Law and Immigration Law for New Mexico on
Q: I am booking a musical artist from Canada on a tour date. They are asking to sign two contracts for visa reasons.

I run a LLC and we are currently in the process of booking a musical entertainer on one of there tour stops in the US. They are from Canada and have asked us to sign two separate contracts for two separate tour dates. They say they need both for visa reasons but both state that we would have to... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 12, 2022

You need to have a clear contract with them for immigration purposes. The contract has to be an agreement between you and them. If you don't like the terms you should say so and renegotiate. When entertainers apply for the P visa, which allows them to come to the USA to perform, they must show... View More

1 Answer | Asked in Banking, Bankruptcy, Business Law and Federal Crimes for New Mexico on
Q: In the state of New Mexico is a property management company allowed to withdraw funds from your bank account Prior to s
Timothy Denison
Timothy Denison
answered on Jan 5, 2020

Depends on what authorizations, if anyone, you have given them. In some instances, they may set off what you owe them, although much more info is needed to properly answer your question.

1 Answer | Asked in Business Law for New Mexico on
Q: Can I start my own business as a F1 visa holder?

Hello,

I am a PhD student going to graduate soon and thinking to start my own business in my field. I am currently holding F1 student visa but trying to apply for green card through National Interest Waiver (NIW). I have a few questions and your answers are very appreciated.

1) Can... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 18, 2019

The only thing you can do is formally set up the LLC. Anything more would be a violation of your F1 status and jeopardize future immigration options.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for New Mexico on
Q: Can my employer make me pay for something as pretty as a broken liquor bottle?

Giant #6338 Western Refining/andeavor

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question.... View More

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New Mexico on
Q: Copyright questions about a product we sell: In violation or not? Fight false DMCA requests.

Hello,

We sell a product that is similar to a competitors. It is the same shape and style but our products each have a unique logo. The shape and style are derived from a Ford product (without violating any copyrights). The competitor is filing DMCA claims in a harassing manner in order to... View More

Benton R Patterson III
Benton R Patterson III
answered on Oct 7, 2017

An attorney would need to review the two products to determine determine if one product infringes the other. You may have a defense. Often items that have a useful function are not protected by copyright, and if they are, only a limited aspect of the design is covered. An attorney would have to... View More

1 Answer | Asked in Business Law for New Mexico on
Q: If we have our customers sign a release about personal injury claims are we off the hook?

We are starting a travel/adventure company.

David Alan Wolf
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answered on Sep 3, 2017

Many courts do not favor release waivers especially those that attempt to waive away all bad acts and negligence on behalf of the company. These waivers are often challenged. You should see the advice of a business attorney in your state to review the particular release you are using to determine... View More

1 Answer | Asked in Legal Malpractice, Business Law and Personal Injury for New Mexico on
Q: What is my liability and best practices as an licensed professional clinical counselor, minister and hands-on healer?

I have releases/legal docs for both LPCC and hands-on healer. Concerned if there is a liability with the State Board, Scope of Practice, Insurance Companies, asking and quoting/sharing hand-on healing results and testimonials.

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2016

Look at what boards govern what activities. Problem is when you collect money. Need to see how your state treats such things-with all the crystal therapy etc should be some statement you can use stating that none of it is medically prove, that if they continue to have symptoms they should follow up... View More

1 Answer | Asked in Business Law and Employment Law for New Mexico on
Q: In NM, is it legal to allow independant contractors to wear the business logo of the company that hires them?

It sounds ridiculous to me, but someone has told me that it's illegal to allow independant contractors (massage therapists in this case) to wear t-shirts with the logo of the company that has hired them. The t-shirts are worn at events voluntarily by the contractors to help advertise for the... View More

Trent A. Howell
Trent A. Howell
answered on Aug 3, 2016

Someone is confusing the issue. The question is not whether it is "legal," but whether wearing a company logo may suggest an individual is an employee rather than an independent contractor of that company. There are different definitions and factors to determine "employee"... View More

1 Answer | Asked in Business Law and Car Accidents for New Mexico on
Q: What is the statute regarding qualifications of auto appraisers in New Mexico? Do they need to be licensed?

I was involved in an accident in which the third-party accepted liability. As the vehicle was only 4 months old, a diminished value claim was started. I hired a certified appraiser and received a very detail report stating the diminished value. I submitted this to the insurance company, however,... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 4, 2016

Insurers don't like diminished value claims. If third party accepted liability, you should have an attorney to work on your injury case. If not, contact a member of the NMexico Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Business Law for New Mexico on
Q: Can u have a llc in nm state and have a concrete company with out a contractors licence and pay my state n federal tax

I get suspended from the state every time I try to do concrete work and I had a limited liability company but I still seem to get suspended because I do not have a GS 02 contractors license in the state of New Mexico any details to do work without a contractors license and still be paying my taxes... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 21, 2015

Go see a licensing attorney for the specifically tailored legal advice that you need.

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