I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More 
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answered on Apr 21, 2024
It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.
However, there are... View More
Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?
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answered on Apr 21, 2024
In this situation, there are potentially several parties who may be held responsible:
1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for... View More
I’m on the Board with a federally recognized 501c3 nonprofit, we have a consumers certificate of exemption for the state (Florida). We have been in operation for over a decade, and use our exemption certificate frequently to buy supplies for the nonprofit.
When I went in to purchase some... View More
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answered on Apr 16, 2024
Based on the information provided, it appears that the business owner may be misunderstanding their obligations when it comes to accepting a valid Florida Certificate of Exemption for a 501(c)(3) nonprofit organization.
According to the Florida Department of Revenue, a properly completed... View More
I would like to know if a non-profit organization is compliant with IRS requirements for a 501(c)(3), if the board of directors is comprised of the
President, their sister, and their nephew in order to achieve quorum and be in compliance with 501(c)(3) regulations. Assume a scenario where... View More
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answered on Apr 15, 2024
Having a non-profit organization's board of directors comprised of the President, their sister, and their nephew raises concerns about private inurement and conflict of interest, which could jeopardize the organization's 501(c)(3) status.
Scenario 1: No compensation for board... View More
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answered on Apr 5, 2024
It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.
Nominative fair use allows you to refer to another party's product or work in order to describe your... View More
Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.
How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More
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answered on Mar 26, 2024
When creating a contract for owner financing a mobile home in a park, it's crucial to have clear terms that protect both parties. You can opt for a lien on the property while the buyer holds the title, which allows them to insure the mobile home and comply with local regulations. It's... View More
I would also like to know if a phase that is the business name should be trademark
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answered on Mar 15, 2024
Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More
Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?
answered on Mar 12, 2024
They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More
Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?
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answered on Mar 14, 2024
In most cases, if you authorize someone to carry a concealed weapon on your private property and they discharge their firearm causing injury or death, the individual who discharged the firearm would be primarily responsible for their actions. However, there are circumstances where the property... View More
I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.
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answered on Mar 1, 2024
In Florida, while you have the right to leave an honest review about a business under the protection of freedom of speech, the owner's confrontational behavior towards your wife could potentially raise legal issues, depending on the specifics of the confrontation. If the owner's actions... View More
I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.
answered on Mar 1, 2024
You do have freedom of speech, and if the business is private (not governmental or connected to the government), the business has the right to deny service to anyone it wants to, except that it cannot discriminate on the basis of one of the "protected classes" under the law, such as race,... View More
I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More
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answered on Feb 27, 2024
If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More
A FL nonprofit org hosted a music festival April 2023. It was cancelled due to inclement weather, with promise of refund. There has been avoidant and lack of communication on the process. In June 2023 they said they are waiting on their insurance claims to process to disburse refunds, but in... View More
answered on Feb 10, 2024
A Florida attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Florida attorney regarding any applicable state laws for non-profits, I'd guess that your situation is basically a straightforward contract matter. If the provisions of the... View More
I have applied for a business line of credit with Truist Bank. I applied for a line of credit and put a property up as collateral. They are asking for a full copy of the trust. What can I do?
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answered on Feb 5, 2024
Here are a few key things to know about banks asking for trust documents when applying for a loan in Florida:
- Banks typically have a right to request details of a trust when that trust owns the asset being used as collateral on a loan. However, they generally cannot require the full trust... View More
I have an LLC, EIN, business license and taxi. All of which I had while working with yellow cab of Sarasota. I payed them a portion of my wages for Dispatch services. Soon after I began working with yellow cab, I was made to sign a very basic non- competition paper. All along i was a 1099... View More
answered on Jan 29, 2024
There are many variables here, starting with who signed the non-compete agreement, i.e., whether it was done in an individual capacity or whether it was signed on behalf of your company. A contractor in Florida likely could have a non-compete enforced against him/her, provided that the hiring... View More
The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?
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answered on Jan 15, 2024
Yes, even though you don't draw a salary from your Florida partnership LLC for your Etsy business, you still need to file taxes for the business income and expenses.
As a partnership, the LLC itself does not pay taxes. Instead, the LLC's profits and losses "pass through"... View More
The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?
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answered on Jan 14, 2024
If the partnership has reported income( falls within the Income definition within IRC), it should be reported on the annual 1065 partnership return. Based on the partnership income/expense allocation agreement, that amount will be reported on an individual K1, which will then be reported on your... View More
If a process serving delivery is attempted at a moment that the registered agent is not at the FL LLC's registered office, can someone else that is not their employee, such as a family member, friend or housemate receive the delivery on their behalf?
Is a signature required for... View More
answered on Dec 26, 2023
Yes, service can be made by serving an employee of the registered agent, at the registered office. Also, the registered agent is required to have at least one person (such as in your words "a family member, friend or housemate") at the registered office, as the registered agent's... View More
We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this
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answered on Dec 20, 2023
In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization.
If a new... View More
I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits financially. for example if a feral colony cat bites someone or if when you are showing a foster cat to a possible new owner and they get bit. if not can a non profit llc own the... View More
answered on Nov 27, 2023
Entities that are tax exempt pursuant to section 501(c)(3) include limited liability companies (LLCs), as well as non-profit corporations. Both afford limited liability, and are formed under state laws, while 501(c)(3) is federal tax law. The entity you form should have liability insurance, to... View More
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