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Colorado Business Law Questions & Answers
1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: can the denver rescue mission give work therapy without being licenced?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 30, 2017

A lawyer will need to review the specifics of what "therapy" is being provided. As a general rule, certain types of assistance with finding employment does not require licensing in Colorado. If you are referring to VA work, full compliance with state and federal rules usually required.... View More

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Employment Discrimination for Colorado on
Q: does a probation officer in Denver Colorado have the authority to modify or change the conditions of probation?

I'm the property manager of a local motel. My wife& I were hired as a team,only she was terminated after the owner found out that wife had filed a complaint with the U.S. D.O.L. &found owner in violation and an assessment was made for collection of back wages. That 9 months ago. New... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

As a general rule probation officers have limited powers related to...
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1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: I need to change my 10 mo. old business from a general partnership to a sole proprietorship. Which way should I do this?

The partnership owes no back taxes. I personally bought all the equipment, supplies. My partner will become my employee. The split/change is amicable, with no disagreements to ownership, naming, clients, or anything else, and we will still be working as usual. I don't know whether to dissolve... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 29, 2017

Sell the partnership (assets and membership/profit interests) to you as an individual for whatever price is deemed fair by all, But consider an LLC, which protects personal assets, as an alternative to a sole proprietorship.

1 Answer | Asked in Business Law and Consumer Law for Colorado on
Q: Can I sue the Solar panel Company?

Hi, I recently got solar panels last year that is going to cost $24,360, at the end of the year they will give are me an invoice, which they did, then when i go and do my tax\ I am suppose to receive 30%. But when I went to go do my tax I owed tax so I didn't get any money back but did save... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 28, 2017

You can contact an attorney directly to review the specifics of the agreement you signed. I would assume that the solar panel company disclaimed any assertions for a specific savings related to the install, but you never know. The phone recording may be material, but oral statements are usually... View More

1 Answer | Asked in Banking and Business Law for Colorado on
Q: I am the predisent of a nonprofit. Do I have an obigation to provide personal banking information at the treasure?

We are in the process of becoming a non profit

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 4, 2017

If you are seeking non-profit status from the IRS, a significant factor in the consideration is compensation. If you received a salary or percentage of the profits (e.g. a partnership) your total compensation and banking information are highly relevant. This is less for the non-profit itself, but... View More

1 Answer | Asked in Employment Law, Business Law, Landlord - Tenant and Municipal Law for Colorado on
Q: US DOL granted former employer 3M credit for which she did not qualify. How is that being honored?

The "managers apt" has never had heat due to the pipes being removed during a remodel a few yrs ago.Owner is providing a residence that is in violation of state codes which disqualifies her from getting the 3M credit. This is our 2nd winter up here w/o heat.

2) Because I still... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 24, 2017

I am not sure how the US Dept. of Labor is related to landlord tenant issues. Are you asking how a person who allegedly has an uninhabitable apartment for lease can also receive a federal grant? If so, a US DOL grant is not related to civil landlord-tenant disputes; some criminal charges can impact... View More

1 Answer | Asked in Copyright, Workers' Compensation, Business Law and Internet Law for Colorado on
Q: I live in the state of CO, and person 2 lives in CA. Person 2 is 15 years old. Is it illegal to commission art from him?

I want to pay this young artist for work for video production (logos, etc.) because they are incredibly good. He turns 16 in January, but in order to protect myself I'm just curious if it would be legal to pay him commission as agreed on both sides for the artwork. His parents are okay with it... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 9, 2017

There is nothing illegal with employing a minor provided that the employment stays within the limits of state labor laws (mostly related to hours working and ending at a certain time in the evening). If you are commissioning artwork it is likely that this employment does not run afoul with any... View More

1 Answer | Asked in Business Law and Employment Law for Colorado on
Q: Do a company need to give a UA policy before they hire?

I was recently fired three years ago for a possative UA but was hired back on with no UAs now am being threatend with UAs but never sign a policy

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 21, 2016

Generally no. If you are part of an union, there is a possibility that the addition of new terms to employment is outside the scope of an union agreement. If you are not part of an union, like most, an employer can UA provided that the practice is non-discriminatory

1 Answer | Asked in Employment Law, Business Law, Employment Discrimination and Sexual Harassment for Colorado on
Q: My husband is being forced out of the job he has been at with Wyndham Vacation Resorts for 15 years. We need a lawyer.

There is also sexual harassment during an employee meeting with at least 3 witnesses and the company wants to do nothing about it. They also owe for 13 years of unpaid overtime. I know my rights. What can be done about this?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 14, 2016

More information is needed to make an accurate assessment of your case. This type of matter would be better served with an actual client consultation with an employment/discrimination lawyer (creating an attorney-client relationship and the privacy that this entails). Many attorneys offer free... View More

1 Answer | Asked in Business Law for Colorado on
Q: How should this be handled properly? Bylaws were not followed perfectly but the "spirit" was. THANKS

For a NFP, private corporation, the annual shareowner's meeting with my first secretary position at it, or any other there, was this: At roll call, I accepted on good faith having trust for our treasurer that he did have the proxy for another shareowner's half-share when said. Having an... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 5, 2016

This is question requires a direct legal opinion. This is outside of the scope of Justia's Q&A which is restricted to general legal questions. You will need to contact a business lawyer directly to get a legal opinion.

As a general rule, the Secretary must fully comply with the...
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1 Answer | Asked in Business Law, Civil Litigation and Probate for Colorado on
Q: Probate closed on an estate. The will was never fully executed. Myriad lies, & laws broken. Have atty lying on tape.

Now a real estate investment trust that was never transferred wants to foreclose on (a) property(s) which secured a loan. They need permission from beneficiaries but one of them is dead and the financial instrument was never properly transferred to the heirs. It is in the estate of another dead... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 2, 2016

Contact an attorney who handles probate litigation. As a general rule, the PR is personally liable for all errors and/or negligence in the management of the estate. As for recording in the lawyer's office, unless the location was a public place, the attorney likely has the right to prevent... View More

1 Answer | Asked in Business Law for Colorado on
Q: Do I pay taxes for my business if I'm operating at a loss?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 1, 2016

Yes and no. Some taxes (e.g. property tax, sales tax, employment taxes, ad valorem, etc.) are due regardless of income (or loss). For income tax at the federal and state level, most businesses operating at a loss do not have a tax liability, but are usually required to file a tax return. Even if a... View More

1 Answer | Asked in Business Law for Colorado on
Q: Can the $ paid to a contractor for labor/materials be written off as an expense instead of submitting a 1099 to them?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 28, 2016

Generally no. It may be possible to not define a person as an employee/independent contract based on the circumstances. Contact a tax professional (tax attorney or CPA) for guidance.

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Is it okay for an attorney to setup a corporation and act as the company's legal counsel in exchange for stock?

I have a $1M+ asset I want to put into a corporation (for some instant basis for a valuation) and subsequently issue common stock (or founders stock?) to raise cash for development of the asset. Given the goal of the effort, issuing stock to an attorney to help with this seems like a good idea. So... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 28, 2016

It is possible, but for the attorney there are significant conflict of interest issues. Many attorneys will not work under this type of arrangement, but some will. Contact the attorney(s) you are interested in hiring to see if they will accept these terms.

1 Answer | Asked in Bankruptcy and Business Law for Colorado on
Q: My business partner (49% ownership in small sub-S) has filed chapter 7 personal bankruptcy.

My business partner was the only personal guarantor on the 3 business credit cards although I see in his filing he listed me and the company as "co-borrowers". Will I/company be liable for this debt even though we were not guarantors? We really only had credit card debt is there anything... View More

Timothy Canty
Timothy Canty
answered on Sep 27, 2016

If you did not guarantee anything then you are not liable for strictly corporate debts. Concerning the stock, if it has any market value the trustee will try to sell it. Minority ownership interests in a closely held corporation are often worth very little, but I would need more information to... View More

1 Answer | Asked in Consumer Law and Business Law for Colorado on
Q: If a business says they're open until 7p, but locks their doors at 6:45p, is this False Advertising?

I'm a manager at a business, and due to legal restraints, we can not make sales after 7pm (mst). Therefor, in the interest of avoiding situations where in which we may be helping a guest and then have to cancel the sale simply because of the time-of-day.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 25, 2016

False advertising claims require the following elements (all must be meet for a legitimate claim): (1) false/misleading statements about a product; (2) deception (or tendency to substantially deceive); (3) the deception is material; (4) likelihood of injury to a party; and (5) interstate commerce... View More

1 Answer | Asked in Business Law for Colorado on
Q: My ex husband and I, along with a third party, own a business together. It is in our separation agreement as so.

Can any one of us fire or force out another? I assume yes, with lots of time, money and lawyer. Is this difficult to do? Am I "protected" with the separation agreement stating I am keeping my ownership? I live in CO, I don't know why TX came up.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 22, 2016

Without looking at all the incorporation documents I cannot discuss all the potential way in which an owner's interest could be bought-out, so I will focus on general corporate rules. If you are an interest recorded in the incorporation documents, you cannot be forced out under any conditions... View More

1 Answer | Asked in Business Law for Colorado on
Q: What info needs to be on an attachment to amend an LLC? 3 partners all agree that 1 partner is withdrawing from the LLC.
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 9, 2016

Amending the ownership change is a relatively simple filing with the Sec. of State's Office; that is, you need the same information that was providing with the most recent filing (or incorporation filing). There are significant tax concerns related to how the withdrawing owner is compensated... View More

1 Answer | Asked in Real Estate Law, Business Law and Contracts for Colorado on
Q: What does cleaned to a professional standard mean in a contract?This is a signed contract.

Does this mean that I need to hire a professional cleaning service and have all the carpets cleaned professionally?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 8, 2016

This is not a standard "term of art" for the legal community. Try looking at the document to see if a definition is provided. If not, you need apply to a "plain and ordinary reading". My personal reading is that a professional or a non-professional can clean, but it must look at... View More

1 Answer | Asked in Business Law and Employment Law for Colorado on
Q: I work for a company based in FL, but I work and pay taxes in CO. Do I fall under Colorado or Florida labor laws?

I have accrued vacation hours and recently left the job. Colorado labor laws say that I am entitled to pay from my employer for accrued vacation, but Florida does not have that specific law. Will I have the right to ask for the accrued vacation pay with Colorado's laws?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 5, 2016

Check your employment contract to see which applicable state law applies. As a general rule, FL law should control unless the company has a physical presence in CO or conducts significant business in CO. If you want specific advice you may want to contact an employment lawyer.

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