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Indiana Business Law Questions & Answers
1 Answer | Asked in Business Law for Indiana on
Q: Can we legally give cards to our neighbors that say like a good neighbor (business name) is there?

We wanted to hand out gift baskets to our neighbor offices and were not sure if it was copyright infringement ?

Tim Akpinar
Tim Akpinar answered on Oct 19, 2020

You're correct that this is a business law matter, but your post remains open for four weeks. There's no guarantee all posts are picked up, but you might have better chances of a response if you reposted and added Copyright and Trademark as categories. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Health Care Law for Indiana on
Q: Can a local health department determine hours of operation on a define set of business and exclude others?
Tim Akpinar
Tim Akpinar answered on Sep 5, 2020

An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could... Read more »

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can my husband sue for breach of contract and possible discrimination?

Last year my husband signed a 2 year painting contract with a possible 2 more years of work with a retirement facility. According to my husband in the contract it states if they choose to let him go they need to give him 3 months notice. As of now we can't find the contract, but he believes... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 2, 2020

An Indiana attorney could advise best, but your question remains open for two weeks. Anyone can bring a lawsuit. But it would be useful to have the contract beforehand. A reputable attorney would want to see the contract to determine if there was a breach, and to also make certain there... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Indiana on
Q: Is it legal to use art for commercial use from a minor, if said art was bought as a comission?

We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... Read more »

Barbara Berschler
Barbara Berschler answered on May 17, 2020

When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.

Because a minor is involved, you need to tread carefully. Minors are not...
Read more »

1 Answer | Asked in Business Law and Civil Rights for Indiana on
Q: I own a small hair salon in Indiana a client is refusing to wear a mask saying that she’s protected by the ADA because

Of childhood trauma she says I cannot refuse her service is this true when in Indiana you are required to wear a mask in public and in businesses

James Avery
James Avery answered on May 4, 2020

I don’t believe any small private business is subject to civil rights liability under ADA. Call Office of Civil Rights to confirm.

1 Answer | Asked in Business Law for Indiana on
Q: I am being fired from my job on April 17th. They say its because of a merger that happened over a year ago.

I believe it is because we are not busy now because of covid 19 and need less ppl now. They will not let me collect the extra 600 from the government this way.

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Indiana is an employment at will state. Generally speaking, you can be let go without cause. You should consult an employment lawyer to see if there is an exception in your case.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Business Law for Indiana on
Q: Can I sue someone for buying things in my name and bankrupting my business?

I recently started a company with around $80K of my own money as a 65% partner. The partner of 25% bought things in the company name and my personal name without my approval saying she paid for these only to find out months later they haven't been paid for and they're in my name. I have... Read more »

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. You should contact a business litigation attorney to evaluate the situation, including determining whether there are any assets to pursue.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Does a non-punitive reduction in sales commission invalidate a non-compete agreement?

Hiring offer included base salary plus sales commission for working at a retail store. After one year I was asked to assume all the same duties for two stores. Employer reduced my total commission at each store because "it gives you a disproportionate amount of total commission". My... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 24, 2019

Without seeing your entire employment contract I would think not; however, both the rate of pay and the amount of commission should be included--and is so, this change has violated the contract. So, if you still want to work there I advise you to object to the lowering of your remuneration and... Read more »

1 Answer | Asked in Business Law and Environmental for Indiana on
Q: Is it unlawful to place church invitations on doors in Indianapolis Indiana?

We are not selling anything, but rather just inviting others to our church services and or events... such as a free carnival for the entire community.

Tim Akpinar
Tim Akpinar answered on Aug 16, 2019

In the past, it would have been no big deal. However, some communities and associations have rules prohibiting flyers, brochures, or similar materials. It could be worthwhile to confirm there are no local rules against it. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... Read more »

1 Answer | Asked in Real Estate Law, Banking and Business Law for Indiana on
Q: Offer on home in Indiana. The seller won't sell unless the buyer of my home has a local mortgage lender. Is it legal?

I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

This question does not make sense.

1 Answer | Asked in Banking, Business Law, Tax Law and International Law for Indiana on
Q: I am looking to create a company that facilitates peer-to-peer payments with the use of credit and debit cards.

For this I have created an app:

If user is going to send money using the app, they input their credit card, STRIPE charges the credit card and the money goes to my business bank account in the US. When this happens, the app shows a balance in the user’s APP account.

When a user... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2019

What you have described is a financial services company that operates exactly like a bank. Translation: Before you spend your money developing your "new" banking business you need to know that you are required to obtain a bank charter or some other official authorization from the state... Read more »

2 Answers | Asked in Consumer Law and Business Law for Indiana on
Q: Is it ok to keep the package that is mailed to my address but not my name as recipient.

Received a package mailed to my address. But the recipient does not live at the Address. Do I get to keep the package or return to seller

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 28, 2018

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.

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1 Answer | Asked in Business Law for Indiana on
Q: How binding is a " Non-Disclosure and Limited Non-Competition Agreement" in the State of Indiana ?

If the person being asked to sign is not under contract to the organization asking.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 7, 2018

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...
Read more »

1 Answer | Asked in Business Law and Tax Law for Indiana on
Q: May I prepare I financial statement without a CPA license? Can you show he Indiana Code that supports your answer?
Eric Steven Day
Eric Steven Day answered on Jul 26, 2018

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.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can we hold a company to honor a contract it the salesman who wrote the contract is gone ?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 14, 2018

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...
Read more »

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: In an LLC, can members be anonymous to othwr members?

If a non management member doesnt want their information made available to other non management members, can that be done? Example, if a member doesnt want the other non management members to know their ownership percentage or capital investments, can that be with held from the other non management... Read more »

Benton R Patterson III
Benton R Patterson III answered on Apr 20, 2018

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.

1 Answer | Asked in Contracts and Business Law for Indiana on
Q: If a company doesn't have a LLC does it make a contract invalid
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 2, 2017

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.

2 Answers | Asked in Business Law for Indiana on
Q: I was just curious as to if you can own A law firm without being a lawyer in the state of Indiana?
Glenn B. Manishin
Glenn B. Manishin answered on Aug 4, 2017

Every state bar prohibits non-lawyers from owning a legal practice as a matter of ethics.

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