Illinois Business Law Questions & Answers

Q: Can you be sued for sharing your experience with a business?

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Illinois on
Answered on Mar 25, 2017

The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.
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Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable. You would be well-served to have an experience attorney carefully review the contract you refer to and get an opinion on what your exposure to liability might be.
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Q: i need contract so i can be safe to get product as agreed after i pay freelancer in Venezuela,(im not from Venezuela)

1 Answer | Asked in Business Formation, Business Law, Contracts and Products Liability for Illinois on
Answered on Mar 7, 2017

If you are conducting business in the US, I highly suggest you obtain a lawyer from the US. Many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion that is tailored to the specific facts of your case.
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Q: Is the "Home Repair and Remodeling Act" in Illinois still in effect?

2 Answers | Asked in Business Formation, Business Law and Construction Law for Illinois on
Answered on Feb 20, 2017

Yes, it is certainly still in effect, and is the source for a great deal of litigation in Illinois. If you are contemplating starting a carpentry business, I would highly recommend you consult with an attorney prior to doing so, as it will save you a great deal of time, stress, and money in the long run.
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Q: Starting a business. Company in Thailand is already using same name in a related field. Can I use the name or no?

1 Answer | Asked in Business Formation, Business Law, International Law and Trademark for Illinois on
Answered on Jan 11, 2017

Trademarks and trade names are jurisdiction-specific. If the name is not used or registered in the US, you are free to use it here...but of course no in Thailand.
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Q: What is a subchapter S corporation?

1 Answer | Asked in Business Law for Illinois on
Answered on Dec 20, 2016

A "Subchapter S Corporation" or "S Corporation" is simply an Illinois corporation (or professional corporation) registered under Subchapter S of the IRS Code. You will find instructions here: https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations. To qualify for S corporation status, the corporation must meet the following requirements:

Be a domestic corporation

Have only allowable shareholders

May be individuals, certain trusts, and estates and...
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Q: Is the landlord allowed to rent out an individual parking space in front of retail business to a semi truck?

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Answered on Oct 10, 2016

You state that your landlord is renting out spots in front of your retail establishment and that you believe that action will have an affect on the viability of your business. You are located in Glenview (Cook County).

Neither Cook County nor the Village of Glenview has specific prescriptions on this subject, so you must look to the Commercial Lease you signed and Illinois law to clarify your rights. Without having the lease I cannot guess if the Lessor's actions constitute a...
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Q: If a corporation dissolves, how are the warranty claims handled if customers have up to a 5-year guaranty on prod/serv?

1 Answer | Asked in Business Law, Consumer Law, Contracts and Small Claims for Illinois on
Answered on Sep 12, 2016

A warranty is essentially an insurance policy, so you should find out if the issuer of the warranty actually has an insurance policy that you can take advantage of in the event you need follow up. In general, warranties can also be purchased - in fairness the dissolving company should purchase such a warrranty for you.

I hope this information has been helpful. Best of luck.
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Q: How do I find the corporate office number for Primark LLC, a company that sells a memory-enhancement product called Prov

1 Answer | Asked in Civil Litigation, Business Law and Consumer Law for Illinois on
Answered on Sep 9, 2016

I think if you search on Google, Yahoo, etc. you will easily find the home page of the company that will list the company's home office and very likely a phone number. There's a Primark LLC registered in Delaware.
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Q: How can a church legally remove someone from the church residence

1 Answer | Asked in Business Law for Illinois on
Answered on Oct 13, 2015

They are in a month-to-month tenancy. Thus the church, as landlord, can require them to leave upon sufficient written notice (normally 30 days).

Q: Corporate Espionage

1 Answer | Asked in Business Law for Illinois on
Answered on Dec 12, 2013

There are laws that attempt to deter, as you call it, corporate espionage. One of those is the Economic Espionage Act. This, in part, deals with espionage that benefits a foreign power, and, in part, deals with the theft of trade secrets. Note that even if a person avoids criminal penalties, the victim can still bring a civil action -- for misappropriation of trade secrets, for example.

You should meet with an attorney in your area. There are things you leave uncertain. Like, are...

Q: What is a truth in lending case what does it mean?

1 Answer | Asked in Business Law for Illinois on
Answered on Nov 20, 2012

It usually means that the lender was supposed to give certain disclosures about lending terms and it was not given according to federal regulations. I recommend looking at NACA (National Association for Consumer Advocates, http://www.naca.net/) page for more detailed advice and a list of attorneys who handle these claims by state.

Q: A foreigner company had an exclusive sales agreement with US company,

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 20, 2011

Please rephrase your question.

Q: When a chapter removes its self from a non for profit charter chapter can they use an assigned name given by the charter

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 20, 2011

There are number of factors to consider, including ownership of the name, tradenames. who owns the registration, etc. If the charter has none of these, there is a good chance you can use them

Q: Our church is a non for profit, also it is a non-denominational church. Why do we need this not for profit corporation.

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 20, 2011

Tax purposes would be one advantage. You are excluded from real property taxes as a general rule as well as some other tax advantages.

It aids in fund raising as donors can obtain a deduction for contributions. The main disadvantage is the extenciscve bookkeeping and reporting.

Q: Can a dentist charge a patient more than the contracted cost with the insurance provider?

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 20, 2011

He can, but if he does, and there is no provision in his provider agreement for circumstances when he or she can charge more, he can be sued by the provider and/or the third party beneficiary of the agreement( the patient).

Q: How do I get a note from JP Morgan Chase Custody Services

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 20, 2011

Your best bet would be to call them and ask whether they have any specific procedures and/or forms. It also may depend on what kind of note you are asking for.

Q: In Illinois how many copies of acticles of Incorporation do I originally file?

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 18, 2011

File two duplicate originals.

Q: Members wish to leave the LLC in Illinois. How can they voluntarily?

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 18, 2011

There should be a provision in the Articles of Agreement that addresses withdrawal by a member. A member can also sue to dissolve the LLC

Q: How can I legally STOP a competitor from soliciting dealers to leave my Antique market and go to his?

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 8, 2011

Unless the competitor is violating a non-compete clause or is conducting itself in a manner that constitutes unfair competition such as interfering with a contract you may not be able to do so. I suggest that you contact a local attorney for a consultation.

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