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Indiana Business Law Questions & Answers

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 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 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 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 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 you are... 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 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 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 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 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 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 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 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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1 Answer | Asked in Business Formation, Business Law and Securities Law for Indiana on

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

He is neither a US citizen nor a resident, and he does not want to be listed in the US Startups (even if the law allows him to). He wants to invest via a loan instrument, which I am expected to pay back whenever the model succeeds, beyond which we will share all profits as partners. This therefore... Read more »

Jonathan R. Roth answered on Apr 10, 2017

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... Read more »

1 Answer | Asked in Business Law and Intellectual Property for Indiana on

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

It was bankrupt years ago and has changed hands several times but I have found service manuals online and some are available in PDF version, which I believe is impeding on my rights as the business owner. I sell manuals made specifically for the machines, but why buy mine if they can purchase one... Read more »

Paul Stanko answered on Oct 27, 2016

Unless the other sources are violating your copyrights, trademarks, etc., they can probably provide their own manuals on how to service your parts.

1 Answer | Asked in Business Law and Education Law for Indiana on

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

Any state statute or nation wide law would help!

Paul Stanko answered on Oct 27, 2016

There is no "right" to free college tuition in Indiana, or under the US Constitution. I can't speak to other states.

1 Answer | Asked in Business Law, Business Formation and DUI / DWI for Indiana on

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

Paul Stanko answered on Oct 2, 2016

You need to provide more information. Were you convicted or just arrested?

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Employment Discrimination for Indiana on

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

The drug testing varies by person to person some are made to just empty pockets and pull pants down to knees.Lately they have made everyone pull all their clothes down to their knees and have a stranger watch them pee the whole time. My first drug test the male HR rep was there to verify i wasn't... Read more »

Paul Stanko answered on Sep 17, 2016

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.

1 Answer | Asked in Consumer Law and Business Law for Indiana on

Q: used car advice and recourse?

I bought two used cars in Indiana as is, one truck & one car. After purchasing I had a mechanic look at the vehicles and he found many issues with both. The truck had deliberate rigging to the brakes, starter, and exhaust. Some held together with vice grips. Is there and legal action I can take... Read more »

Paul Stanko answered on Sep 17, 2016

You bought the vehicles AS IS. You might still be able to allege Fraud.

1 Answer | Asked in Health Care Law, Business Law and Employment Law for Indiana on

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

I am 6 months pregnant and my current health plan covers up to 10 weeks of paid maternity leave, two additional weeks at partial pay. Totalling 12 weeks. My company just sold to a franchise and they do not offer short term disability in thier health care package. Leaving me with zero paid maternity... Read more »

Paul Stanko answered on Sep 17, 2016

Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.

1 Answer | Asked in Business Law and Consumer Law for Indiana on

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

place already : Like Boost , Muscle Milk - Motts juice

Paul Stanko answered on Sep 17, 2016

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.

1 Answer | Asked in Business Law and Internet Law for Indiana on

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

For instance, the customer will come to my website, click on the dairy category, and select a dairy product such as Walmart's Great Value Milk. They will then pay for the milk (essentially paying me to pay for it for them), and I will go to Walmart and pay for the item and deliver it to them. So... Read more »

Paul Stanko answered on Sep 17, 2016

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... Read more »

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