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Florida Business Law Questions & Answers
1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: My Partner is threatening me to press charges against me for taking money from business account.

I have been working full time on this business.

Keith Kanouse
Keith Kanouse answered on Sep 6, 2021

Do you have a written agreement with your partner such as a Shareholders' Agreement, Operating Agreement or Employment Agreement? If not, you need to reach some understanding with your partner that you can't work for nothing?

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2 Answers | Asked in Business Law and International Law for Florida on
Q: Needing advice for subscription-as-a-service business model, USA and international.

My business, once launched, will collected recurring monthly charges to access advanced features on the platform (website and app), like SaaS. My business is currently an S Corp in Delaware, I reside and run the business from Florida.

What legal implications am I looking at? What countries... Read more »

Linda Liang
Linda Liang answered on Sep 3, 2021

You need to obtain a certificate of authority in order to do business in Florida. You can receive subscription from anywhere. A business attorney is who you should talk to about the details.

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1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I attended college and was told the program cost of tuition is 30k now graduated I paid 50k. I'm lost on the extra cost.
Linda Liang
Linda Liang answered on Aug 31, 2021

You can review the invoices and ask administration office for explanation.

1 Answer | Asked in Business Law for Florida on
Q: Can CEO of public traded company use employees for personal tasks?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2021

Unless the shareholders or directors object, yes.

2 Answers | Asked in Business Law for Florida on
Q: Can an Oregon LLC do business as usual in Florida? Civil court with a Man?

Yes, thank you

They would have to register foreign liability co.?

To do business in Florida courts in order to civilly sue?

Also, if your are indicted on federal charges . Is a lawyer still allowed to represent such indicted person ?

Jane Kim
Jane Kim answered on Aug 10, 2021

A company registered in one state and doing business in another state should also be registered as a foreign corp. in that other state.

I have no idea what else you're asking but it sounds like you have bigger problems than proper business registration and should contact a lawyer...
Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: assumed liabilities of asset purchase

purchasing a company and forming a new tax ID and name to rebrand company. Am i liable for any previous tax burdens or IRS audits?

Linda Liang
Linda Liang answered on Aug 4, 2021

If you have a new EIN, you did not purchase a company. You purchased business assets. You are not liable for its previous tax burdens or IRS audits.

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: If someone is quoted as saying something in a article, could you present it in court or would it be hearsay?

I should add that the person would be a witness at court so they could be asked about it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

There are many exceptions to the hearsay rule, and some of them provide that a statement is admissible if the person who said it is present in court. But it would depend on what was published, as well as what the statement would be offered to prove.

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: I need information on what to include in a contract between judges and production company for a TV show (like The Voice)
Charles M.  Baron
Charles M. Baron answered on Aug 2, 2021

That is not a do-it-yourself project. While you are not required to hire an attorney to draft the contract, you would be extremely unwise not to do so.

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Do software company's have any obligation to support perpetual license holders?

I have a perpetual license for an industry specific design software. We've always been forced to pay a yearly maintenance/support fee. Even if we missed a year becasue we didn't need it, they'd back charge us when we wanted to re-institute the support. Now the company has moved to a... Read more »

Keith Kanouse
Keith Kanouse answered on Jul 30, 2021

This article should give you more information as to whether the software company can terminate the contract.

https://www.lexology.com/library/detail.aspx?g=4820f348-4540-4179-a754-6809061bab0c

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: What laws and guidines would I need to start a temp agency for on call employees similar to uber?

What protection is needed?

Jane Kim
Jane Kim answered on Jul 27, 2021

To start, you'd need to be more protective and discrete about your business ideas without disseminating them on the internet. And if you believe in your idea, you'd need to include legal costs as part of your start-up costs.

Good luck.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I quit claimed a property from my LLC to my partnership LLC but did not record it. Is it legal?

I need to refi the partnership property but can't due to lien on the LLC still shown on county records as owner. My attorney says since I didn't record quut claim its not legal but everything I read says it is. Is it?

Charles M.  Baron
Charles M. Baron answered on Jun 8, 2021

The execution (signing/notarizing) of a deed legally effectuates the transfer, and the recording of the deed is to put the world on notice of the transfer. When it comes to liens, the order of recording can determine the priority of the liens. Ask your attorney to fully explain to you, and or... Read more »

1 Answer | Asked in Business Law and Copyright for Florida on
Q: Is a tweet (words or phrases, not pictures) public domain or does ownership automatically attach to the one who posts?

For instance a popular tweet such as a post by someone called @geraldinreverse: "well, well, well, if it isn't the consequenses of my own actions."

It got almost 300K likes and 140K retweets.

Is that phrase owned by @geraldinreverse or can I print that phrase on a shirt and sell it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

Depends

Consult with an attorney

You are referring to copyright

There are requirements related to copyrights such as innovation and creativity, and also the scope or size of creation

It is likely that what you indicated does not fall under copyright, maybe under...
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Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.

I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on... Read more »

Linda Liang
Linda Liang answered on May 10, 2021

This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

4 Answers | Asked in Business Formation and Business Law for Florida on
Q: Needs a Professional to help me register my LLC in Florida

Please, I am looking for an expert who can help me register my LLC with the state of Florida

Evelyn Suero
Evelyn Suero answered on Apr 27, 2021

Business lawyers in Florida can assist you with registration of your LLC in Florida.

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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2 Answers | Asked in Business Law for Florida on
Q: Is it legal for a business broker to refuse access, when they do not represent you, for not giving them your financials?

I have been looking to purchase a business and I have to go through paranoid brokers with 9 page NDA's that tell you that they are liable for nothing (must be nice). They do not represent me, and clearly state that in the NDA's. They, however, REQUIRE financial information to include cash... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 16, 2021

The answer you all your questions is staring you in the face: Fight fire with fire.

FYI: Every seller's broker on the planet is always looking out for the best interests of the person or business that employed them to SELL the business--not the prospective buyers.

So if you...
Read more »

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Back in 2005, how would a Florida general partnership transfer its assets when it changes to a corporation?

If a Florida general partnership incorporated in 2005 to become an S-corp, what steps would they have had to take in order to properly transfer the partnership's assets to the corporation? Is there a Florida statute regarding how this is done or are assets just automatically transferred? Does... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 13, 2021

You have to prepare a Bill of Sale and other transfer documents depending on the nature of the assets from the GP to the Corp. This would be the capital contribution of each partner as each partner would become a shareholder in proportionate to his or her partnership percentage. You would also... Read more »

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