answered on May 2, 2023
While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:
(1) Fiscal Sponsorship: Another option is to seek fiscal... Read more »
answered on May 2, 2023
The requirement for three unrelated directors is not a hard and fast rule. It is true that the IRS's Technical Guidance (the internal document that IRS uses to guide its revenue agents if they find themselves auditing a 501(c)(3)) teaches their agents that a small board of related people might... Read more »
Customers get in no hurry to pay final invoice payments. Can I add late fees to invoice and if so how much?
answered on May 2, 2023
North Carolina courts have generally held that late fees must be reasonable and not excessive, and should generally relate to the actual damages suffered by the contractor for late payment. If you plan to add late fees to your invoices, you should make sure that the fees are clearly disclosed in... Read more »
answered on Apr 15, 2023
Businesses subject to professional licensing requirements, such as electrical contractors, generally have pretty strict ownership and operational requirements.
Review NCAC Title 21 Chapter 18 and NCGS Chapter 87 to see the restrictions relating to serving as a qualified individual for a... Read more »
I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... Read more »
answered on Apr 5, 2023
Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... Read more »
I custom ordered a vehicle was I was working in Massachusetts. The vehicle build took five months but it arrived at the dealership and I financed it. Friday I paid Safemile Auto transport to deliver the vehicle from the dealership to my driveway. The receipt says pick up on Friday, delivery by end... Read more »
answered on Apr 2, 2023
If you haven't already, you should file a claim with any and all insurance/warranty companies involved.
The shipping company will probably argue that their subcontractor is liable, instead of them. But that's not necessarily so.
The contract might say that you'd have... Read more »
answered on Mar 31, 2023
The purpose of a nonprofit is to provide resources or other support to a specific group of people who need the resources and support. To be approved for nonprofit status, a business or organization must describe its mission to the government. Then the government will decide whether the mission is... Read more »
Where do I find an attorney to do that? Do I have to have an attorney prepare it for me?
answered on Mar 24, 2023
Someone considering filing an NCUC Form CE-1 may find an attorney through an online search, direct referral, or perhaps the North Carolina Bar Association Lawyer Referral Service.
Various types of attorneys handle government filings for business clients. Some such attorneys may identify as... Read more »
Senior stockholder has kept company afloat, and now wants to liquidate some assets. Today he referred to me as president of the company to a prospective buyer, when I have not agreed to serve or been asked to serve in that capacity. I am under contract as a Consultant.
answered on Mar 24, 2023
Sure, a senior partner "can" make such a statement. But that doesn't necessarily mean that doing so is justified or is without consequences.
However, a few of the really important questions are (1) why the senior shareholder would make the statement, (2) how the statement... Read more »
I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »
answered on Jan 28, 2023
It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »
I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...
answered on Jan 21, 2023
The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... Read more »
He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... Read more »
answered on Oct 11, 2022
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... Read more »
Closed July 2021.
Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »
answered on Sep 29, 2022
Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »
For example. Can I sell a sofa worth 2500 for 7500 via auction, and claim it is worth 13 to 15k in value when its only worth 2500? Is this legal?
answered on May 22, 2023
Giving a false and misleading statement about the value of an item to induce someone to buy it can be illegal. Additionally, most reputable auctions use independent experts to assess the value of auction items, rather than relying on the word of the seller.
My husband went to 160 Drive Academy in Charlotte NC we paid almost $5,000.00 out of pocket. the contact from the school states it is a 4 week class. My husband as been at this school for months and still has not graduated.
And had to pay an extra $1,200.00 dollars to the school. Which is... Read more »
answered on Nov 10, 2022
You will probably get more responses if you post this in a contract or business category - this is not a criminal case as it is categorized.
I recently hired a small cleaning service to deep clean my home and paid a $213 deposit. No contract was signed. The Monday prior to my Thursday appointment my family tested positive for covid. I contacted the business immediately. The owner has said that since she can’t find another appointment... Read more »
answered on Jan 6, 2022
Is it illegal as in the cleaning service can be charged with a crime? No. It's a dispute over the terms of a verbal contract. You say you were never told the deposit was non refundable. They say you were. With nothing in writing, this is a "he said, she said" situation with no... Read more »
I had been in talks with a large college for over a year about running my mobile business on campus, I moved states, and got the insurance/ certifications/ inspections they told me I had to get to work with them (all of which costed money) and after doing all that specifically for this school,... Read more »
answered on Oct 15, 2021
A North Carolina attorney could advise best, but your question remains open for two weeks. It could be difficult for ANY attorney to answer your question based on these brief facts. An attorney would likely want to see agreements, contracts, and communications between you and the business. If you... Read more »
We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... Read more »
answered on Aug 17, 2021
You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.
God did not lay the pipe! Utility vendor insurance carrier says not liable for damages as no work had been done that was faulty, just normal wear. But also claimed 100 year pipe, only been 50 years in. Another main burst 100 yards down road yesterday. My damage was 4 weeks ago. Should I file... Read more »
answered on Aug 3, 2021
A North Carolina attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys with experience in civil litigation and property & casualty losses. This has the makings of a complex,... Read more »
I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?
answered on Mar 6, 2021
Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... Read more »
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