Idaho Business Law Questions & Answers

Q: What is the law for having a treasure hunt to win cash prizes when the clues to find it are paid for?

1 Answer | Asked in Business Law for Idaho on
Answered on Apr 17, 2018
Michael Hales' answer
This is kind of a tough one because it really depends on the scope of the project. I imagine that advertising, registration, and consumer laws will all come into play. I'd recommend discussing this with an attorney to get a detailed answer.

Q: Who is responsible when suing an LLC?

1 Answer | Asked in Business Law and Contracts for Idaho on
Answered on Mar 28, 2018
Michael Hales' answer
The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.

Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 9, 2018
Michael Hales' answer
It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

Q: Hoa cancelled contract. That person took all the money and closed bank account. can they do that

1 Answer | Asked in Business Law and Civil Litigation for Idaho on
Answered on Feb 22, 2018
Michael Hales' answer
It appears that the HOA has a case for fraud. I'd recommend contacting a qualified attorney right away.

Q: If a credit card company has written off my debt on their taxes, can a collection company still collect from me?

1 Answer | Asked in Business Law for Idaho on
Answered on Feb 14, 2018
Michael Hales' answer
My suspicion is that the company wrote your debt off when it sold it to the collection company. However, I'd recommend having an attorney review the situation for you to give a more definitive answer.

Q: Collection company still collect after debt has been written off?

1 Answer | Asked in Business Law for Idaho on
Answered on Feb 14, 2018
Michael Hales' answer
My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.

Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

1 Answer | Asked in Business Formation, Business Law and Contracts for Idaho on
Answered on Jan 7, 2018
Michael Hales' answer
I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop him even though he knew this was going on. Keep in mind that verbal contracts will be enforced if there is evidence (like some action being taken by the other party) that an agreement was made. This case...

Q: My son and I own a wine bar under an LLC. We fell behind on rent and our landlord tells us he will take all our assets

1 Answer | Asked in Business Law and Bankruptcy for Idaho on
Answered on Dec 23, 2017
Michael Hales' answer
I would speak with an attorney as soon as possible because the solution will be very specific to your situation. In general, the landlord may be able to utilize company assets to collect on unpaid rent. Bankruptcy may be an option, but depending on which chapter you file, if the value of the assets exceeds the debts, the landlord will get it anyway. You could try to restructure to the debt, but this may be done outside of bankruptcy court through negotiation. Like I said, I'd recommend having...

Q: What are the benefits of creating a company as opposed to doing business as an individual?

1 Answer | Asked in Business Law for Idaho on
Answered on Dec 15, 2017
Michael Hales' answer
This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate under some business entity form. The preferred entity among most Idaho attorneys is the limited liability company (LLC) because it can protect personal assets, although these protections are somewhat...

Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 27, 2017
Glenn B. Manishin's answer
That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.

Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Jan 16, 2017
Glenn B. Manishin's answer
Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.

Q: What is the penalty for failure to register a foreign LLC in Idaho?

1 Answer | Asked in Business Law for Idaho on
Answered on Aug 29, 2015
Adam Studnicki's answer
If you are required to register, then why not just register?

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 education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...

Q: Served lawsuit papers from business creditor, I'm no longer a registerd member/manager of with the SOS. Am I liable?

1 Answer | Asked in Business Law for Idaho on
Answered on Jul 14, 2015
Adam Studnicki's answer
If you were served papers, you should make sure and hire a lawyer to respond before a default judgment is entered against you. Whether or not you are right or will win, you have to respond promptly.

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