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Virginia Business Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Tax Law for Virginia on
Q: I am trying to figure out what licenses I need to start my woodworking business in VA

Do I need a sellers license to sell my projects I make? Do I need any business licenses? I can’t find anything on it. Please help

James L. Arrasmith
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answered on Mar 4, 2023

In Virginia, if you are operating a business, you may need to obtain a business license from your local city or county government. This is typically done at the city or county treasurer's office. The requirements for a business license may vary depending on the location and type of business.... Read more »

1 Answer | Asked in Tax Law and Business Law for Virginia on
Q: Filled but it takes weeks, do I still get paid after performing work while my business wasn't being in good standing?

Filled but it takes weeks, do I still get paid after performing work while my business wasn't being in good standing?

I've since filled the back taxes and paid the fees but reinstatement takes two weeks.

What is the procedure?

James L. Arrasmith
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answered on Mar 4, 2023

If you performed work for a client while your business was not in good standing, you may still be entitled to payment for the work you performed. However, the specific procedures and requirements for payment may depend on the terms of your contract with the client and any applicable state or local... Read more »

1 Answer | Asked in Business Law, Copyright and Trademark for Virginia on
Q: Can I send a cease and desist if someone has recreated my product that’s on Etsy and is selling it as their packaging.

I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws

James L. Arrasmith
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answered on Feb 25, 2023

Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.

In the cease and desist letter, you...
Read more »

1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Hello! I went to purchase a vehicle for my new business. The person at the dealership asked me to put down 2K

After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?

Dragan Ivetic
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answered on Feb 10, 2023

The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.

Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud....
Read more »

2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

While I am not admitted to practice law in this State, I can tell you that the office of the registered agent and the principal place of business or headquarters are not the same. If you hire an attorney to incorporate your business entity and ask the attorney to serve as a registered agent, the... Read more »

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2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

You are asking for an opinion, and attorneys only provide opinions to their clients after knowing sufficient facts to render an opinion.

I can point you to the VCC's requirements for registered agents.

Registered agents must meet the following requirements:

Be a...
Read more »

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1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.

In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... Read more »

Steven Krieger
Steven Krieger
answered on Jun 28, 2022

You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... Read more »

1 Answer | Asked in Business Law and Car Accidents for Virginia on
Q: Is my employer liable for damages caused in an accident driving in bad weather to another work site (on the clock)

Virginia state. After a snowstorm so roads were icy (mountainous region). Made my disapproval known about the bad roads before my shift. Forced to come in. After I got to work and clocked in, my employer then made me drive my personal vehicle to another work location. Hit a patch of ice and slid... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry about your accident. It could depend on the carrier's practices and the scope of coverage on your policy. Good luck.

1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof
answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

F. Paul Maloof
F. Paul Maloof
answered on May 17, 2021

I regret that I do not handle employment law matters. Sorry.

2 Answers | Asked in Copyright, Business Law and Trademark for Virginia on
Q: I want to protect my designs from domestic and international companies from stealing it. Do I Trademark or copyright it?

Hi, I have a small business which features original designs on t-shirts.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

As indicated a design patent can provide protection.

Depending on what you are doing you could file for other registrations depending again on what your creations are.

Consult with an attorney.

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger
answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

1 Answer | Asked in Banking, Business Formation, Business Law and Securities Law for Virginia on
Q: Does a company need to register as a financial advisor if partners or members are only buying/selling securities?

Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.

Robert W. Pearce
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Robert W. Pearce
answered on Oct 8, 2020

If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Aug 18, 2020

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Business Law for Virginia on
Q: How do you get rid of an agent to a LLC who objects to the original purpose?

There is no operating agreement on file. However, there are official minutes and a general operational procedure over the years. The person acting as agent wants to take over the LLC and run it for the agents benefit. How can we enforce the original [purpose and remove the agent?

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 24, 2020

I suggest you talk to a lawyer and show the documents to determine the relationship of the agent (assuming you mean registered agent) with members and the LLC.

1 Answer | Asked in Business Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: If a UD case is non-suited, is there any way to seal this or otherwise keep it from being uploaded to the Internet?

Related to the prior question: "Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2

The case did not result in an eviction nor a collection" You will see a lot of these as first time civil defendants seek to pay arrears after Unlawful Detainer (UD)... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Jul 20, 2020

In Virginia, eviction matters are generally not under seal. You may want to seek a formal opinion from an attorney in the jurisdiction where you reside on your questions.

2 Answers | Asked in Business Law and Civil Litigation for Virginia on
Q: our partner who was running business took unilateral decisions with our knowledge and incurring huge loss to us

penalties form from franchise & Credit Card Debts

F. Paul Maloof
F. Paul Maloof
answered on Jul 15, 2020

It seems like a criminal matter so you should call the police or the FBI.

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

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