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Colorado Business Law Questions & Answers
3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

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1 Answer | Asked in Consumer Law, Business Law and Construction Law for Colorado on
Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?

Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the... Read more »

Donald C Eby
Donald C Eby answered on May 8, 2020

You may have a claim, a strong demand letter from an attorney may be a good first step. The strength of your claim will depend upon the language contained in the contract.

1 Answer | Asked in Business Law for Colorado on
Q: I left a company where my likeness is still used on their promotional content. Can I legally get them to remove it?

Is there a law in Colorado citing that I have the right to ask my former employer to remove my likeness from their website, social media, and any other place that is used to promote to prospective employees and clients? The relationship I had with the employer was hostile and I would rather not be... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 23, 2020

If you didn't sign an agreement to allow the employer to use your likeness in their advertising they do not have a right to do so. You should provide notice you do not want your likeness used. You'll probably end up needing to retain counsel to make them take it down.

1 Answer | Asked in Business Formation, Business Law and Contracts for Colorado on
Q: How best can 3 individuals located in 2 different U.S. states and the UK form a viable business?

The three of us are all small business marketing coaches, working under individual DBA's and or LLC's. We want to know how best we can merge our resources together into some kind of partnership, business or entity. We're unsure what the best approach is considering the various... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 3, 2020

Justia is a wonderful free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question is much to important--and too complicated--to be solved online.... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Colorado on
Q: Where is the Statement of Authority filed? county where the entity is formed or county where the property is located?

My lender is requiring a statement of authorization as my property is owned by my holding company which is a LLC which is wholly owned by myself. They want me to have a certificate of authorization recorded by the county. I don't know which county to file it with and also what this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 29, 2019

It's filed in the county where the property is located. It's the document that verifies that you have the authority to act on behalf of the LLC. Just because you own it does not automatically mean you have the authority to make decisions on behalf of the LLC. Notary's county does not matter.

1 Answer | Asked in Business Law for Colorado on
Q: Attorney for Board of Directors?

Our board of directors needs a lawyer for possible misuse of funds.

Tim Akpinar
Tim Akpinar answered on Dec 3, 2019

This isn't really a lawyer referral service; it's only a Question & Answer board. Your board could take steps to find a lawyer - through this site (Find-a-Lawyer, above), independently on its own online, the Colorado Bar Association, or other resources. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Colorado on
Q: can breeder require me to purchase a specific brand of food for a 2-4 year period?

the breeder is apart of a multi level marketing company that represent the food that is being required with the purchase of the dog

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 8, 2019

Probably not, most breeder contracts are not enforceable. The problem is that you may have to spend 4 or 5 months in litigation to find out.

I would suggest not dealing with a breeder that wants you to sign a contract they pulled off some fly by night website or who is running an MLM. If...
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1 Answer | Asked in Business Law for Colorado on
Q: Is ‘the groovy moose’ taken!

Retail business

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 1, 2019

Yes, he was snatched in the middle of the night by itinerant jazz players.

1 Answer | Asked in Business Law for Colorado on
Q: I'm a hibachi chef. My boss collects all the tips from the servers and splits them as he see's fit each night. legal?

Is it legal for my boss to collect all the tips from the servers each night and split them as he see's fit?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 26, 2019

If patrons are notified in writing the establishment can split tips in a pre-established basis.

C.R.S. 8-4-103(6)

That doesn't sound like what's going on here.

I would suggest you contact the Colorado Dept of labor and file a complaint....
Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Business Law for Colorado on
Q: aurora colorado pawn broker . my ticket was due on 8/14/19. i payed 9/11/19. then was informed that half property sold
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 15, 2019

I'm very sorry to hear about your situation.

Did you have a question?

1 Answer | Asked in Business Law, Consumer Law, Contracts and Criminal Law for Colorado on
Q: can I get criminal charges for not returning a vehicle I have financed but haven’t Piad

They have tried to repo it and now I have an investigator calling me threatening a felony.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2019

You are standing in a large pile of deep do-do. Hire a criminal defense lawyer immediately.

1 Answer | Asked in Business Law for Colorado on
Q: Available in house remedies for a partner found missapropriating/embezzling funds from our LLLP?

Limited partner found writing self checks beyond salary (18 checks totalling $65,900 from 2013-2017) all unauthorized and without knowledge of the General Partner.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 23, 2019

A document stating what happened and admitting fault should be drafted, it should also lay out the repayment structure with interest including an offset from distributions and in the event of default forcing a buyout of their interest at a discount and possibly a stipulation of judgement for... Read more »

1 Answer | Asked in Business Law, Contracts and Personal Injury for Colorado on
Q: Can the us legally force a person to contract with the dmv
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Not nearly enough factual information to answer this question. .

1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on
Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Business Law for Colorado on
Q: Change Colorado C Corp shareholder meeting requirements.
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 3, 2019

Amend the by-laws.

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Do i need to collect sales tax if im a service provider
Andrew John Contiguglia
Andrew John Contiguglia answered on Apr 12, 2019

No. The collection of sales tax only applies if you are selling goods.

1 Answer | Asked in Business Law for Colorado on
Q: What is the reporting form for LLC sole proprietory business?

No equipment engaged in that business

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2019

Schedule C.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?

12 years ago a friend and I started a used car dealership. In structuring the company my name was not included, but it was me who was responsible for creating the company’s brand (business name, logo, slogan, website, colors, operating methods). My ideas, my creations, my hard work for the first... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Dec 4, 2018

There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship... Read more »

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... Read more »

James Alan Greer
James Alan Greer answered on Nov 27, 2018

Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and... Read more »

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