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Pennsylvania Business Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

2 Answers | Asked in Business Law and Copyright for Pennsylvania on
Q: Are you able to legally sell a picture of a celebrity, that you took. Then print the photo you took on clothing to sell?

I.E. If you pay a photographer to take a picture of a professional athlete, can you then sell that picture on clothing? Since you now technically own the image.

John Brian Hudak
John Brian Hudak answered on Jun 28, 2020

There are two elements here – rights to the image under copyright law and rights to the use of the image related to rights to publicity/likeness/privacy related to the famous person (and maybe others). You are claiming rights to the image under copyright. You need to clear the rights related to... Read more »

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1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: Contractor agreement was for a certain price but then I was charged an additional 3% for him choosing to use Square app.

We signed an agreement for a certain price and then I was charged an additional 3% because he chooses to use the Square application as form of payment. What are my options? Why should I have to pay more for the contractor's choice of method of payment, especially since it was not specifically... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 23, 2020

PA has a home improvement consumer protection law. If the contractor did not notify you in advance that this charge would be incurred for using Square for payment you may have a claim. I would suggest contacting the PA Attorney General's office to see. Good luck.

2 Answers | Asked in Real Estate Law, Business Law, Construction Law and Land Use & Zoning for Pennsylvania on
Q: How do I find an electrician's insurance company if he will not provide it? Damage was done and need to know next steps.

Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

Hire an attorney and file a lawsuit

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2 Answers | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: Conducting business in Partnership and sole proprietorship at same time in same type of business with few modifications.

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

Please see the answer I provided to this question when you previously asked it.

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1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: I have formed an llc and bought 25% share in a produce store. Now I want to open Another produce store on my own, can I?

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

There are two issues here. The first is whether the new business should be run under the same LLC. I would think the new business should be a new and separate LLC to run the new produce business unless the original LLC is only used to hold the 25% interest in the other business. This should be... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Can you open a club in PA with a paid membership which includes free beer with said membership without a liquors license

I heard you only need a liquor license in PA to "sell" liquors not to give it away.

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

you need a permit if you are dispensing it, and you aren't a casual host. If it looks like a bar, acts like a bar, the law will likely say it's a bar.

4 Answers | Asked in Business Law and Insurance Bad Faith for Pennsylvania on
Q: I have a small business that has taken a big financial hit since shutting down due to my state’s stay-at-home order.

I have business interruption insurance, which seemed like the right coverage to apply for in light of what’s going on, but my insurance company denied my claim. I read through my policy, which says nothing about a virus or pandemic being an exclusion. Not sure what I’m paying for if this sort... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

1. Ask for them to put in writing the basis for the denial, and to state the policy section and paragraph. 2. To be sure you have what they have, ask for a copy of a)the entire policy b) the application.

2. If you had an agent that sold you the policy, get them to work on it--sometimes...
Read more »

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1 Answer | Asked in Bankruptcy, Contracts, Business Law and Civil Litigation for Pennsylvania on
Q: My uncle's company was sued and won by default they have an AQ incorporation and have no assets.

They were sued on a conctract deposit. The performer arrived but didnt perform due to client not having an inside venue and we had a storm that day. The company was sued for the performer's deposit and he won by default. They set a judgement on bank to garnish but the company is closing what... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

Empty the bank accounts immediately and have your uncle consult a debtors attorney.

Q: The brief summary of my issue and the related question is contained herein.

I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

The question of obviating disintermediation is a common one. The answer is yes, you are able to protect yourself.

It looks like you (Company "A") are paying them (Company "B") to work on your product for which you are paying them. I assume that B is providing A some...
Read more »

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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am a 5% owner of a limited partnership (I file a Schedule K-1 every year) and am looking to cash out on my shares.

An estranged family member is the majority owner of the partnership and I do not have direct contact to him, only through his attorney. I would like to know my options of how to receive payout of my shares and what I am legally entitled to. The investment is incorporated in Delaware.

Michael Cherewka
Michael Cherewka answered on Apr 13, 2020

the answer to this is heavily dependent on the Limited Partnership document. Most family LPs have restrictions on sale/transfer of shares, and also some mechanism to value the shares (often at a discount) when a Limited Partner wants to cash out. This are usually set forth in detail in the LP... Read more »

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: I want to start an exporting business of shipping electronics bought in the states, I am a non-US citizen,what can I do?

I can start the company in any states if it would help

Michael Doland
Michael Doland answered on Dec 24, 2019

Non-resident aliens are permitted to set up a USA entity (LLC, corporation) to do any legal act. Whether the electronics you are thinking of are permitted for export cannot be analyzed based on your posting.

1 Answer | Asked in Business Law and Business Formation for Pennsylvania on
Q: Family charity no longer has family members on the charity board, is there a way I (family member) can get on the board?

about 10 years ago, my family started a charity that I describe as "Make a Wish for adults with terminal conditions/disabilities." This charity was started in my late grandfather's name. when the charity was started, it had two of my family members on the board, the rest were close... Read more »

Michael Cherewka
Michael Cherewka answered on Oct 28, 2019

These are difficult situations when the family founders lose touch with the charity since charities are not "owned" by anyone. Also depends on whether a public charity or a private foundation. Depends on original documents, tax status, and other factors. In Pennsylvania the Attorney... Read more »

1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: Who is the liable party?

Company A and Company B are two separate legal entities each having their own Federal tax ID number.

Company A signed a contract d/b/a as Company B. Which one is the legal responsible party?

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

A Pennsylvania attorney would be in the best position to answer this, based on state law considerations. But the question remains open for three weeks. As a general matter, it would be helpful to have additional information. For instance, why did one company sign in lieu of the other? Was it for... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Pennsylvania on
Q: Can i sue the Civil engineer/Architect for fees paid if they fail to deliver the approved plans?

The plans by Civil Engineer and Architect have not been approved by the city as they do not meet codes. I have paid them in full and they are not making any attempts to rectify the issue. I would like to get back the fees I have paid and compensation for my wasted time. What practice area lawyer... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 10, 2019

A trial attorney or litigator.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Q: Help!

My electric bill has been unusually high, so I called them. They informed me I had a 3rd party supplier on my bill I was unaware of. I called said 3rd party and they informed me that I had added them to my account last summer. Going through the details it came across that my sister had given them... Read more »

Adam Savett
Adam Savett answered on Aug 30, 2019

I would suggest you file a complaint with the Pennsylvania Public Utility Commission.

Here is a link to resources on the process and directions on how to file a complaint:

http://www.puc.state.pa.us/filing_resources/filing_complaints.aspx

Note that the PUC specifically...
Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: What do I need to draw and sell caricatures on the street/sidewalk?
Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Permission of the owner. The Borough may view you as a street performer and require a permit. There may be requirements that you do not block passage so you need to be sure you avoid a citation by reading, knowing, following the regulations. Maybe get a copy and discuss with the local precinct how... Read more »

1 Answer | Asked in Business Law and Environmental for Pennsylvania on
Q: Are there any fines associated with an open or lidless dumpster?
Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2019

You don't say who issued you a fine, whether a fine was issued or where the dumpster was located. My guess is that if your local township issued the fine, you need to contact them to find out what the rules are regarding lids on dumpsters.

2 Answers | Asked in Business Formation, Business Law and Civil Litigation for Pennsylvania on
Q: Are non-shareholders allow to attend shareholders meeting where budgets and other pertinent information are discussed.
Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Why would they be, if it's not open to the public? Much of that information may be gleaned from annual reports, and other public documents.

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