Indiana Business Law Questions & Answers

Q: Is it ok to keep the package that is mailed to my address but not my name as recipient.

2 Answers | Asked in Consumer Law and Business Law for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
You do not get to keep packages sent to your address if you are not the intended recipient. Return to sender or you could be committing a crime.

Q: How binding is a " Non-Disclosure and Limited Non-Competition Agreement" in the State of Indiana ?

1 Answer | Asked in Business Law for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
It depends on the documents themselves. A Non-Disclosure agreement is usually binding, except in cases where the law would not allow it (such as in mandatory reporting cases, covering up a crime, criminal conspiracy, etc..).

A Non-Competition Agreement or non-compete as most people refer to them are frowned upon but binding in Indiana as long as they are limited in scope, geographic area and time. For example, if you leave an organization that services one county and they seek to limit...

Q: May I prepare I financial statement without a CPA license? Can you show he Indiana Code that supports your answer?

1 Answer | Asked in Business Law and Tax Law for Indiana on
Answered on Jul 26, 2018
Eric Steven Day's answer
I am not an Indiana Attorney, but generally anybody can prepare a financial statement for their business. Where you would need the licensing is if you were preparing financial statements for a publicly traded company or you were Auditing those financial statements.

Q: Can we hold a company to honor a contract it the salesman who wrote the contract is gone ?

1 Answer | Asked in Business Law and Contracts for Indiana on
Answered on Jun 14, 2018
Alexander Florian Steciuch's answer
Yes. If you entered into a contract with a salesman who was employed or representing the business at the time you entered into the contract, the salesman can bind the company he or she represented at the time.

There may be other considerations, but a company cannot get out of a contract because the employee or person who worked for them and agreed to the contract is no longer there.

Q: In an LLC, can members be anonymous to othwr members?

1 Answer | Asked in Business Formation and Business Law for Indiana on
Answered on Apr 20, 2018
Benton R Patterson III's answer
An attorney would need to review the LLC operating agreement. It may be easier to multiple business entities to mask the owner's identify. You should speak with a local business attorney.

Q: If a company doesn't have a LLC does it make a contract invalid

1 Answer | Asked in Contracts and Business Law for Indiana on
Answered on Sep 2, 2017
Alexander Florian Steciuch's answer
Not all companies are LLCs. There are many different structures that a business can operate as. Simply not being a registered LLC does not make their contracts invalid.

Q: I was just curious as to if you can own A law firm without being a lawyer in the state of Indiana?

2 Answers | Asked in Business Law for Indiana on
Answered on Aug 4, 2017
Glenn B. Manishin's answer
Every state bar prohibits non-lawyers from owning a legal practice as a matter of ethics.

Q: I pitched a technology start-up idea to a family relative, he liked it and agreed to invest.

1 Answer | Asked in Business Formation, Business Law and Securities Law for Indiana on
Answered on Apr 10, 2017
Jonathan R. Roth's answer
The answer to your question depends on the Tax Treaty between your relatives home country and the USA. Generally, interest paid to foreign nationals on loans made in the USA are subject to US taxes and withholding. The amount of the tax and the withholding is dictated by a tax treaty between the USA and the foreign national. If there is no tax treaty then the US tax would be 30% subject to certain elections which could be made by the foreign national. The withholding would be at least 10%....

Q: I bought the rights, prints, parts, etc...to a parts business,is it legal for others to sell manuals online for this?

1 Answer | Asked in Business Law and Intellectual Property for Indiana on
Answered on Oct 27, 2016
Paul Stanko's answer
Unless the other sources are violating your copyrights, trademarks, etc., they can probably provide their own manuals on how to service your parts.

Q: Hello I am doing a project about free college tuition. Can you help me find any statutes, etc. in regards to my topic.

1 Answer | Asked in Business Law and Education Law for Indiana on
Answered on Oct 27, 2016
Paul Stanko's answer
There is no "right" to free college tuition in Indiana, or under the US Constitution. I can't speak to other states.

Q: Can you get a liquor license in Indiana if you had a OWI in 2012

1 Answer | Asked in Business Law, Business Formation and DUI / DWI for Indiana on
Answered on Oct 2, 2016
Paul Stanko's answer
You need to provide more information. Were you convicted or just arrested?

Q: my job makes me disrobe and pee in front of a stranger with no past drug use history for a random drug test

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Employment Discrimination for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
Indiana is an employment at will state. While that employer conduct seems over the top, your recourse may be limited, unless those policies are being imposed in a discriminatory manner.

Q: used car advice and recourse?

1 Answer | Asked in Consumer Law and Business Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
You bought the vehicles AS IS. You might still be able to allege Fraud.

Q: If a business changes from corp owned to franchise can they discontinue short term disability benfits for pregnancy?

1 Answer | Asked in Health Care Law, Business Law and Employment Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.

Q: as a machinery builder - If I wanted to advertise our machinery and its ability can I show a product that is the market

1 Answer | Asked in Business Law and Consumer Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
It sounds like the products you are referring to are simply props to demonstrate your own machinery. Having them in the background should not present a problem.

Q: Can I list grocery products on my website for a grocery delivery service legally?

1 Answer | Asked in Business Law and Internet Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
Walmart is known for being litigious. It sounds like you operate a shopping service. If you do not already have a coporate attorney, you should obtain one. It would not hurt to have that attorney review your business model to ensure that you comply with all licensing requirements. Be wary of trademark infringement!

Q: Is there a law in Indiana that states I have to advertise my seasonal jobs?

1 Answer | Asked in Business Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
If you own a business, it is your decision whether to advertise. Be more specific, and I might be able to answer better.

Q: I own 49% of a website, & the domain holder part owns 51%. Do they have the right to take profit or the site from me?

2 Answers | Asked in Business Law for Indiana on
Answered on Feb 4, 2016
Adam Studnicki's answer
A local business lawyer can review the governing documents and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 to get legal advice and...

Q: Partner in LLC...who is also husband in failing marriage...trying to coerce me into signing

2 Answers | Asked in Business Law for Indiana on
Answered on Nov 10, 2015
Terrence H Thorgaard's answer
Don't sign before you consult with an attorney. How is he coercing you?

Q: I am an addiction recovery coach and have retired from an organization. I would like to go into private practise.

1 Answer | Asked in Business Law for Indiana on
Answered on Aug 20, 2015
Adam Studnicki's answer
First step is to see what documents you may have signed that would restrict you from doing this. Even if there are no documents, you should check with a local business lawyer to make sure would not be violating Indiana laws.

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...

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.