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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Business Law, Real Estate Law and Contracts for Ohio on
Q: I need to get out of a commercial lease
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2024

Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More

1 Answer | Asked in Business Law for Ohio on
Q: I want to create a dating site, but I'm scared of third-party data leaks. How do I word the ToS to protect myself?
James L. Arrasmith
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answered on Jan 28, 2024

When drafting the Terms of Service (ToS) for your dating site, it's important to clearly outline how user data will be managed, including the use of third-party services. You should explicitly state the circumstances under which data might be shared with third parties and the measures in place... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Discrimination for Ohio on
Q: What are the negative consequences of settling out a discrimination case against my small business? (barring publicity)

I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.

I am not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

You must file a mechanic's lien against the property that had the benefit of the work performed. An attorney in your county can assist you with this, as different counties will have different local preferences for the forms generally required. I'm concurring with Attorney Jaap's... View More

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2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

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1 Answer | Asked in Business Law, Landlord - Tenant and Municipal Law for Ohio on
Q: My neighbor runs a business training & boarding dogs at the house he rents. Does he have to have permits or licenses?

He boards them when he is training them.

T. Augustus Claus
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answered on Aug 3, 2023

In Ohio, running a business training and boarding dogs may require permits or licenses, depending on local regulations and zoning laws. It's essential for your neighbor to check with the city or county authorities to determine the specific requirements for operating a dog training and boarding... View More

1 Answer | Asked in Estate Planning and Business Law for Ohio on
Q: In Ohio, if a spouse (who became an LLC member before marriage) dies, does the surviving spouse automatically...

Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... View More

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company

The... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2022

This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.

If it is being made for value from...
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1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

Do stock transfers then have to be recorded on the shareholder ledger?

What if some of the original stock certificates have been lost?

Do company officers have to sign off on the transaction?

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2022

Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... View More

1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... View More

1 Answer | Asked in Business Law for Ohio on
Q: i currently have an llc. I am sole proprietor. I am looking to convert my llc to a inc. will this affect any debt w/llc?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

The debt will still be owed by the converted entity.

1 Answer | Asked in Business Law for Ohio on
Q: A vendor owes my business over 3oK, how do I pursue this legally? We have a contract that has been breached.
Joseph Jaap
Joseph Jaap
answered on Nov 29, 2023

Use the Find an Lawyer tab to retain a local commercial litigation attorney to review the contract and the facts, send a demand letter to the vendor, and file a lawsuit if not resolved. If you prove the breach and obtain a judgment in court, then you can file a judgment lien against the vendor,... View More

1 Answer | Asked in Consumer Law, Tax Law, Appeals / Appellate Law and Business Law for Ohio on
Q: I.ve been erroneously garnished by the tax dept I am looking for the best course of action after....

They think I am running a business that has been defunct for 9 years. I produced evidence that this was not the case and proof I made them aware of this years ago. I sent this to the tax office, Attorney General and the courts. They were dragging their feet so I contacted Ohio Senate and got them... View More

David Ostrove
David Ostrove
answered on May 25, 2023

Keep om writing to the authorities not less often then every three weeks. Explain everything, in detail. Do not give up. Eventually you will indeed get their attention and they will respond in a correct positive manner. Don't give up!

DAVID OSTROVE

Attorney at Law

6157 Wooster Ave

L.A., CA 90056

2 Answers | Asked in Personal Injury and Business Law for Ohio on
Q: I want to refund a customer as a courtesy because she is having a reaction

Will this hold me liable or admit fault and leave me open to being sued at a later date even though I am not admitting fault

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023

You have a low likelihood of being deemed to have admitted fault by giving a refund. Businesses give refunds for things for unhappy customers all the time.

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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Federal Crimes for Ohio on
Q: I live in Ohio, I was hired with the understanding I had the card. Hr found out and terminated due to drug policy.

They are a BWC drug free workplace but I was 10-99 and not even an employee. I never took a pre or post drug test. Is this legal?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.

1 Answer | Asked in Business Law, Contracts and Insurance Defense for Ohio on
Q: House was damaged while under contract and lost value in sale, can home insurance company be held liable?

While under contract for sale, pipes froze and burst causing extensive damage (we had already relocated so it was not caught immediately.) The buyer went through with the sale but at a $25k reduction in price. Can I ask my home insurance company to compensate me for this loss in value?

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2022

Whoever owned the home at the time of the damage turns in a claim to their insurance company.

1 Answer | Asked in Family Law and Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.

1 Answer | Asked in Business Law for Ohio on
Q: If I own a company, and own a piece of property. Can I lease my property to my own company???
Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Yes you can. Use the Find a Lawyer tab to retain a local attorney to advise you of the proper action your company should take to authorize leasing from you, and also to draft a lease. There might also be income tax issues, so talk to your business tax advisor.

1 Answer | Asked in Copyright, Business Law and Internet Law for Ohio on
Q: Legality of showing websites we've built for marketing agencies in our portfolio?

We previously worked for a Chicago-based Marketing Agencies developing websites. We're wondering now if we can display those websites in our portfolio legally. There was no written agreement with the agency. We're worried about getting sued if the agency sees those websites in our... View More

Joseph Jaap
Joseph Jaap
answered on Apr 26, 2022

If there was no written agreement with those agencies, then you retain the copyright in the materials that you created for them. They have the right to use the websites, but you actually own the copyright. Use the Find a Lawyer tab to retain a local intellectual property attorney to review the... View More

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