California Business Law Questions & Answers

Q: Just started a sales consulting business, what licenses/insurance is required?

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Answered on Apr 21, 2017

Re: licenses, it depends on what industry you're in. You'll need a lawyer to help you draft related contracts. Seek a CPA for tax advice.

See: http://www.aeesq.com/business-law/general-counsel/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
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Q: (CA)What licenses, insurances, forms, do I need to have to hire/pay a 1099 sales rep for my consulting company?

3 Answers | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Answered on Apr 18, 2017

Licenses: you need one and if the sales people are really an independent contractors, each needs to have their own business license. This is possible for "outside sales" people, like real estate agents working for brokers or newspaper carriers.

Insurance: no one should run a business with liability and other insurance packages. You could be held liable when one of them kills an old lady in a wheel chair in a cross-walk crossing with the light, if your sellers had a bad driving...
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Q: Is it legal as CEO, to live in a rented office in California. If you can't afford to lease a house.

1 Answer | Asked in Real Estate Law and Business Law for California on
Answered on Apr 18, 2017

Typically that is not permitted under most commercial leases and related zoning laws.

See: http://www.aeesq.com/business-law/landlord-and-tenant-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
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Q: cases where general partner personally liable for LP during course of LP business?

1 Answer | Asked in Business Law for California on
Answered on Apr 17, 2017

Have a lawyer review the terms of your agreement and the basis of your dispute. See: http://www.aeesq.com/business-law/business-partnership-agreements/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: How can a person setup their own Terms of Service and make it binding.

1 Answer | Asked in Business Law and Consumer Law for California on
Answered on Apr 17, 2017

Certain terms of service are considered unconscionable or violate the law for various reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: I need to know what documents I need to register a brand and its logo? also how much it costs?

1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Answered on Apr 17, 2017

You can register trademarks at the USPTO and copyrights at the US Copyright Office. The cost varies depending on facts but could range in the low thousands if you hire an attorney to do it properly. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
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Q: What steps should I take if my contract was signed but not by me?

2 Answers | Asked in Business Law, Contracts and Consumer Law for California on
Answered on Apr 14, 2017

maybe you have a desperate for a commission sales person, or a predatory company to deal with. Did you put down a deposit but refuse to sign anything?

Start by calling the finance company back and get their address so you can write to them to disavow that you ever signed the contract. then call the company rep and inquire. If that is unsatisfactory, call back and ask for the store owner or manager. Go in in person and ask for your deposit back. Do this immediately. Delay will...
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Q: One of our directors and officers just resigned in writing; as a Corporation (domiciled in DE, operating in CA), what ..

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Discrimination for California on
Answered on Apr 14, 2017

You'd need various releases, IP agreements, possible severance agreements, and other related documents if there is pending litigation relating to this person.

See: http://www.aeesq.com/business-law/general-counsel/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: Just got a letter regarding the settlement of a class action law suit I may be eligible to receive payment for.

2 Answers | Asked in Business Law, Consumer Law, Contracts and Workers' Compensation for California on
Answered on Apr 9, 2017

You can contact the court clerk about the case and gather publicly filed documents from that court to learn about the case facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: I was fired from my company because I didnt sell my shares for a low ball offer ,what can I do?

1 Answer | Asked in Business Law and Employment Law for California on
Answered on Apr 6, 2017

The only thing you can do is contact a local attorney and sue them for wrongful discharge. Minority shareholders who are also employees frequently have a right to continued employment. It will depend upon the agreement you signed when you acquired your shares or the basis upon the shares were issued to you.
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Q: Is post work lowering of recurring verbal services contract legal because they decided they aren't making enough money?

1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Answered on Apr 5, 2017

Are you an independent contractor or an employee? What are the terms of your contract re: pay? These facts are determinative. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I created a cash flow business with a CEO based out of San Francisco, after two years he is trying to demote me.

1 Answer | Asked in Business Law for California on
Answered on Apr 5, 2017

Are you an owner, independent contractor, an at-will employee or an employee with a contract stating just cause is required to terminate or demote you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Is it legal for a hardware store to provide client referrals to outside independent contractors and take % of profits?

1 Answer | Asked in Business Law, Elder Law and White Collar Crime for California on
Answered on Apr 5, 2017

Careful you're not violating contractor and disclosure laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: A company in CA made a deal with Colombian factory for private label of generics for Middle East.Do I need a license?

2 Answers | Asked in Business Law for California on
Answered on Apr 4, 2017

This is a rather sophisticated question. Almost every country in the Middle East has its own regulations governing the importation and sale of goods including food or vitamin supplements. You need to determine what certifications and licenses are required for the goods to be allowed into the country that you are shipping them. This will be different from country to country. A FDA certification will generally be accepted under various reciprocity agreements but as these are supplements they...
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Q: Is the non compete in force able if they list the geographical area as all of California?

1 Answer | Asked in Contracts, Business Law and Employment Law for California on
Answered on Apr 2, 2017

The enforcement of non-competes is generally limited to a reasonable scope. Likewise, CA specifically as a matter of public policy holds that agreements in restraint of competition are to that extent void. Notwithstanding the general premise that non-competition agreements are invalid, specific Sections of the B&P Code provide certain exceptions to California's policy against enforcing non-competition covenants which apply in limited circumstances such as protection of trade secrets,...
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Q: My organization, a non-profit and a 501(c)3, has a rule requiring volunteers to have a current tetanus inoculation.

1 Answer | Asked in Business Law and Personal Injury for California on
Answered on Mar 31, 2017

If you have a rational reason for the tetanus injection, it's fine. However that would seem to be for the volunteers protection rather than to protect the group, unless your volunteers qualify for workers compensation. Why not check with your insurance to see what they say.
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Q: Can a "General" defined partnership in the state of CA redistribute partnership income on a 1065 schedule B in any way.

1 Answer | Asked in Tax Law and Business Law for California on
Answered on Mar 31, 2017

Rather than add a third opinion into the mix, why not ask your CPA and EA to meet with you at the same time to discuss the issue? While it may seem like it's an issue of who you trust more, it's more about trying to understand what they're seeing. Tax is a complex world and there are many ways to accomplish certain goals. It's really good to hear that you are working with tax professionals. However, part of taking control of your tax situation is to have a relationship with your advisers and...
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Q: Can i file small claim against a LLC defendant which the individual "JWS" managing member filed Chapter 7 Bankruptcy?

1 Answer | Asked in Bankruptcy, Business Law and Small Claims for California on
Answered on Mar 31, 2017

First check on both bankruptcies if he declared them as assets in either bankruptcy. If he did not declared the ownership of the Corporation B in his individual bankruptcy, then check if he declared the stock ownership on the business bankruptcy. If he did not declared the Corporation B in either bankruptcy, then you may bring a claim against the Debtor for hiding assets that belong to the bankruptcy Estate. If the Trustee takes possession of those assets, then a distribution to all...
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Q: The City of San Diego is not paying us (we are LLC) for a job that has been delivered. What can we do?

1 Answer | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for California on
Answered on Mar 30, 2017

You may have to file a claim for breach of contract, or you may need to sue. What does the contract say about resolving disputes? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Can a 3rd party avoid/get out of a pre-incorporated company contract? Please explain. Thanks in advance! (Business Law)

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Mar 30, 2017

The answer depends on the language of the contract and if there was any consideration and what has happened to the corporation, if anything?
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