Delaware Business Law Questions & Answers

Q: Do I need to change my business name?

1 Answer | Asked in Business Law, Copyright and Trademark for Delaware on
Answered on Apr 12, 2019
Ahaji Kirk Amos' answer
I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek cancelation of the trademark.

You can schedule a consultation with more or learn more about cancelations on my website:

Q: Can a min owner in a Delaware LLC be liable to the individual whose co was the majority owner of the LLC?

2 Answers | Asked in Business Law for Delaware on
Answered on Jan 27, 2017
Michael David Siegel's answer
Anyone can sue anyone if you pay the filing fee. Your question is way too vague. Yes, the operating agreement governs. So does what the claim even is, which you have not stated. Thus, if your real question is the success of such a claim, no one could know based on your post.

Q: Can I contest action taken by shareholders on the basis of lacking authority to take action and voided corporation?

1 Answer | Asked in Business Law for Delaware on
Answered on Aug 20, 2015
Adam Studnicki's answer
Sounds like a messy situation. A lawyer should review the organizational and board documents (bylaws and board resolutions in particular, as well as examine whether the special meeting was properly noticed). There are many questions here, and they can't be answered without reviewing those documents first. Talk to a local business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...

Q: Is there any difference in powers and authority of corporate secretary and assistant corporate secretary in Delaware law

1 Answer | Asked in Business Law for Delaware on
Answered on Aug 14, 2014
Charles Snyderman's answer
No. The differences, if any, would be set forth in the company's bylaws.

Q: Can I charge a finders fee for leading someone to unclaimed property in Delaware?

1 Answer | Asked in Business Law for Delaware on
Answered on Jan 7, 2013
Charles Snyderman's answer
Yes you can. You promise to provide information to another person in exchange for that person paying you a fee.

Q: Can a Delaware corporation not in good standing file a lawsuit other than under 278?

1 Answer | Asked in Business Law and Civil Litigation for Delaware on
Answered on Jan 6, 2013
Charles Snyderman's answer
The answer is "Yes," but if the attorney representing the defendant discovers that the corporation is not in good standing, the attorney will file a motion to dismiss. If the corporation fails to become current with franchise taxes, the Court will grant the motion.

Q: Delaware Incorporated Company Byelaws re quorum. How can business be transacted in the event of absentee shareholders?

1 Answer | Asked in Business Law for Delaware on
Answered on Jan 6, 2013
Charles Snyderman's answer
Why are some of the shareholders not present? Is it a question of geography or is it a lack of interest? Do the bylaws provide for shareholder action without a meeting, such as by telephone? In answer to your specific question, Delaware law recognizes that your situation may occur, and has a provision to deal with. Any shareholder can apply to the Delaware Court of Chancery for an Order that a meeting be held, and that the shares of stock represented at such meeting (even if less than needed...

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