Florida Business Law Questions & Answers

Q: I'm a partner and I'm about to leave a LLC partnership and have the following questions.

1 Answer | Asked in Business Law for Florida on
Answered on May 23, 2017

The answers to your questions will depend upon a variety of factors and this system is not designed to handle.

My suggestion is that you need to consult with a business law attorney in the Jacksonville area and provide him or her with a detailed breakdown of each of this items or categories so that they can give you the specific advice that you need.
View Details »

Q: Is a corporate conversion permissible from NY corp. to another jurisdiction? Statute silent.

1 Answer | Asked in Business Law for Florida on
Answered on May 23, 2017

To my knowledge you cannot convert a corporation established in one state to become a corporation in another state. However, there is a way to accomplish your goal of moving the corporate structure from NY to Florida.

I suggest that you consult with a business attorney to discuss the procedures and steps to take. (There is a provision under the IRS code to allow the assets of one corporation to become / transfer to a new corporation so that for purposes of the corporate existence and...
View Details »

Q: Can our employee (on the clock) be asked to leave our public meeting to attend to her job responsibilities?

1 Answer | Asked in Business Law, Education Law, Employment Law and Gov & Administrative Law for Florida on
Answered on May 21, 2017

You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.
View Details »

Q: Can i get sued? if i can what type of insurance should get to protect my assets.

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on May 14, 2017

It is always possible for you to get sued but there is really no way to tell sis sure. It may just be a wait and see.
View Details »

Q: Return of our investment?

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on May 11, 2017

I suggest that you need to speak with a business litigation attorney immediately before you take any action. Clearly there are issues with the business operation and level of trust between the parties. Seek legal advice.
View Details »

Q: If a business is under a TRO...are clients still legally bound to them??????

2 Answers | Asked in Contracts, Patents and Business Law for Florida on
Answered on May 9, 2017

Sorry that you were scammed.

Generally, clients are never legally bound to their attorneys. Any client can at any time fire his/her attorney, and walk away. There are some special exceptions, none of which would likely apply here.

The client still has to pay any outstanding bills.
View Details »

Q: Maryland new condo purchased 1/17Front door lock broke$400Is it covered under warranty/condo law

3 Answers | Asked in Business Law and Real Estate Law for Florida on
Answered on May 5, 2017

Could well be, but if the condo is in Maryland, you should ask this question in Justia › Ask a Lawyer › Maryland.
View Details »

Q: Hi, what are the requirements for adding a recurring charge to a customer's account? (For instance billed at later date)

1 Answer | Asked in Consumer Law, Business Law and Entertainment / Sports for Florida on
Answered on May 4, 2017

The best thing that you need to do is consult with a business law attorney and have him or her draft you an agreement. Your question is detailed, or rather requires a detailed answer. I don't think that a lawyer is going to give you detailed advice on how to draft a contract via a service like this.

There are times in life when paying for legal advice is very important and this is one of them, as a mistake on this could come back to haunt you for years.
View Details »

Q: How to add new shareholder to non profie corp. FL(50 / 50 shares) ? Where we should register these modifications

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on May 2, 2017

Something appears to be missing here. If you have a nonprofit corporation, then there is not shareholders in such corporations. I suggest that you may want to speak with a business law attorney in your area to determine what you desire to do and get specific advice on how to accomplish it.
View Details »

Q: Can an LLC member sue personally against a 3rd party doing business with the LLC {not on behalf of llc}?

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Answered on May 1, 2017

It would seem that if the third party was doing business with an LLC member in a capacity outside of the LLC, a lawsuit would be by the LLC member personally. There may be a duty on the part of the person suing to have given the business opportunity to the LLC, but that issue would depend upon the particular facts involved. You say that the third party was doing business with the LLC. Was the third party also doing business with the individual member, not in his capacity as an LLC member?
View Details »

Q: Shipping used underwear?

1 Answer | Asked in Business Law and Criminal Law for Florida on
Answered on May 1, 2017

In the off-chance that this is not a joke, I doubt that dirty underwear is regarded as HAZMAT (hazardous material). Check with the post office or other carrier (FedEx, UPS, etc.) to be sure.
View Details »

Q: Can a LLC be the Beneficiary of a Florida Land Trust?

1 Answer | Asked in Business Law, Estate Planning and Real Estate Law for Florida on
Answered on Apr 28, 2017

I suggest that the concept of asset protection planning requires an overview of your entire sphere of assets. I cannot give specific advice to your question, except to suggest that you need to speak to an asset protection planning attorney to get an appropriate evaluation and plan.
View Details »

Q: I would like to tradmark a name. Let me know if anyone can help.

1 Answer | Asked in Business Law and Trademark for Florida on
Answered on Apr 27, 2017

I offer a no obligation 20 minute consultation. Yes, depending upon the particular facts, if not already taken, you may register a federal trademark. You may also register your logo.
View Details »

Q: Can a Florida LLC owned by a Defined Benefit Plan have more than one member?

2 Answers | Asked in Business Law, Estate Planning and Tax Law for Florida on
Answered on Apr 27, 2017

You raise several issues. First, with other members added to the LLC, the allocation of defined benefit plan contributions has .changes (not in your favor). Single member LLC are disregarded entities for IRS purposes (a good thing). However, if a judgment is entered against a single member LLC, it is not entitled to be treated as a charging order, which would apply to a multi-member LLC.

You should consult with a business attorney.
View Details »

Q: Is it legal to sell bags of loose cigarette in a convenience store if there is a surgeon General warning on or in it?

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

A tax stamp is required. Without one, it is not legal to sell.
View Details »

Q: Hello,I received a quote from a business who I found out knew ahead of time that the quote was not valid

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

I suggest that your best course of action would be to sit down with an attorney in your area to discuss the quote and any corresponding contract that you signed. Typically a contract should be based upon the quote and might include a clause to allow for variations. However, what you describe seems like a pattern of conduct that is deceptive, but the key will be the contract you signed.
View Details »

Q: Is it fraudulent to renew an expired alcohol license that was from a previous owner?

1 Answer | Asked in Business Law for Florida on
Answered on Apr 7, 2017

It is fraud if he renewed it in your name. He should have transferred it into his name.
View Details »

Q: Are Florida 501c3 board meetings open to the public?

1 Answer | Asked in Business Law for Florida on
Answered on Apr 6, 2017

No, non-profit corporations organized under the laws of Florida are not required to allow the public to attend board meetings. See Florida Statute617.0820 et seq. :

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0617/Sections/0617.0820.html
View Details »

Q: I opened a non profit organization in Florida in 2015 and since have no recorded meeting minutes, how can this be fixed?

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Florida on
Answered on Apr 2, 2017

A meeting should be properly noticed and held now. If the board made any decisions during the conference call, it should ratify those decisions. Likewise, any other significant actions of the corporation should be announced and ratified.
View Details »

Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

It is my suggest that you speak with an employment law attorney in your area. The ability to get punitive damages is complicated and must be presented with proper steps. In my opinion your question is too complicated to properly answer in this type of forum.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.