Maryland Business Law Questions & Answers

Q: All partners do they have a vote in llc

1 Answer | Asked in Business Formation and Business Law for Maryland on
Answered on Sep 18, 2017

The Operating Agreement should describe how the owners ("partners") vote on decisions in a particular LLC and also explain what % vote is necessary to pass a resolution. If an LLC does not have an operating agreement it would be wise to create one. Maryland does have some default provisions in the limited liability company act.
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Q: If aUnited Methodist church was incorporated many years ago , does that church still remain in good standing presently ?

1 Answer | Asked in Contracts and Business Law for Maryland on
Answered on Sep 18, 2017

"Good standing" means that the corporate entity has filed its annual personal property returns each year. The annual $300 filing fee is waived for non-stock corporations but the entity still must file its returns. The State Department of Assessments and Taxation can give you the details for any corporation.
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Q: I'm starting a Family Home Child Care business in the home that I am renting in Maryland. My landlord does not want to

1 Answer | Asked in Contracts, Personal Injury, Business Law and Landlord - Tenant for Maryland on
Answered on Jul 18, 2017

No. That's between you and him. However he would want to check with his agent as having a business on the premises may change his rates.
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Q: Can a president of a nonprofit lease a property that is in a trust to one party and in turn they sublease it back to him

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Maryland on
Answered on Apr 10, 2017

While it is a conflict of interest, if disclosed and approved by the prior Board then it is not illegal. The disclosure had to be complete however.
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Q: Does Maryland law permit 2/3 of LLC members to buyout the remaining partner?

1 Answer | Asked in Business Law for Maryland on
Answered on Mar 25, 2017

Contact a MD licensed lawyer with this question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: If a property is owned by a corporation, does all owners need to sign off on the sale or just the majority owner (51%)

1 Answer | Asked in Real Estate Law and Business Law for Maryland on
Answered on Feb 21, 2017

Usually the Bylaws will specify who may act on behalf of the corporation. Typically, it's the officers -- President, Vice-President, etc. -- that are authorized to act on behalf of the company. Sometimes there are limitations on that authority, such as transactions over a certain value require consent of the shareholders. The Bylaws may also specify what voting ratios apply, such as 2/3 majority of shareholders, for certain transactions. Often, however, a simple majority in interest of the...
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Q: I registered a domain name that belonged to a LLC. Can I continue the business they started using that domain name?

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Maryland on
Answered on Feb 7, 2017

The content of websites is copyrighted as soon as it is created. If you are copying the code and content of the old website, you would face liability for copyright infringement.

Additionally, if you use any images on these sites, to which you do not own the rights to publish, you could be liable for copyright infringement.

Q: If one member of a two member LLC moves to MD from NY, do they have to do anything to be in compliance with MD state law

1 Answer | Asked in Business Formation and Business Law for Maryland on
Answered on Jan 24, 2017

Depends on whether the LLC is conducting business in NY. Then you would need to follow NY law in regards to filing entity status. And the person who resides in NY may face different tax challenges than the person in MD. Consult with both NY and MD counsel.
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Q: What happens if someone passes away and owned a business in partnership without a will?

1 Answer | Asked in Business Law and Probate for Maryland on
Answered on Dec 26, 2016

Maryland has extensive partnership statutes that must be considered with whatever partnership agreements exist, and terms of a will, or the intestacy statutes. The Personal Representative of her estate should consult a lawyer.
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Q: Please help men

1 Answer | Asked in Employment Law and Business Law for Maryland on
Answered on Oct 22, 2016

If you are a leaseholder, you have rights. Consult local counsel.
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Q: IF A CONTRACTOR FOR RENOVATION OF A BUSINESS HAS TAKEN MONEY AND NOT PERFORMING THE WORK WHAT CAN BE DONE AS PER LAW

1 Answer | Asked in Business Law, Construction Law and Contracts for Maryland on
Answered on Oct 16, 2016

I'm not sure from your question what you're trying to accomplish. But Maryland contractor laws are strict. Consult with counsel.

Q: A LLC business issued me an insufficient funds checks and has done for numerous times. How do I file a complaint?

1 Answer | Asked in Contracts, Business Law and Consumer Law for Maryland on
Answered on Sep 13, 2016

You can only sue under a cause of action. This seems like a breach of contract and fraud claim case. You have to formerly allege in your complaint what this person has done and the damages it has caused you.

Q: Based under contract does the contract bind the plant manager who controls the operation of the owner business?

2 Answers | Asked in Employment Law, Business Law, Personal Injury and Workers' Compensation for Maryland on
Answered on Jul 25, 2016

Generally you are stuck with workers compensation. But why not contact a member of the Md.Assn for Justice? They give free consults. If you need the names of any let me know.

Q: If a company writes a 60 day exit plans but violates the rules that they stated what do I do?

1 Answer | Asked in Business Law for Maryland on
Answered on Aug 20, 2015

Are you an employee? Talk to an employment lawyer about your situation.

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...

Q: I need to file an amendment and restatement of charter for a MD corporation

1 Answer | Asked in Business Law for Maryland on
Answered on Jan 4, 2014

Either title would probably be accepted by the SDAT but the first is more accurate.

Yes, if a second amendment / restatement the word Second should be included.

Q: Do i need a lawyer to defend a cease-and-desist letter telling me to stop using a business name?

1 Answer | Asked in Business Law for Maryland on
Answered on Jan 27, 2013

News like this can be devastating to a business owner. To determine whether their claim is legitimate, you should consult with an attorney.

Q: How can a minority owner of a Maryland corporation get the corporation to hold the annual meeting called for in the by-

1 Answer | Asked in Business Law for Maryland on
Answered on Jun 2, 2012

Generally meetings can be called by giving advance written notice (usually by mail) to all other interested parties setting forth the date & time of the meeting and issues to be discussed. Well drafted bylaws should contain provisions on the calling of meetings and notice so look there first.

While I hope that the above general legal information helps, the particular facts of your situation may affect how the law applies to you. Posting online does not substitute for legal advice and...

Q: How to transfer single owner LLC to multi owner LLC?

1 Answer | Asked in Business Law for Maryland on
Answered on Apr 23, 2012

It isn't clear whether you want to transfer (sell) one LLC to another LLC or whether you simply want to add owners/members to an existing LLC. Assuming you are asking about the second scenario, it is generally a matter of voting to add members and issuing membership certificates for same, consistent with the Operating Agreement. The Operating Agreement may possibly need amendment. Note that anytime new investors/owners are solicited a small business should be careful to make sure they are not...

Q: I have a privately own non frachise pizza place but no one ownes the rights to the name.

1 Answer | Asked in Business Law for Maryland on
Answered on Mar 12, 2012

To protect your business you are strongly encouraged to register your trade name. In fact, if you operate under any business name besides your own personal name Maryland law requires that you register it. In addition to registering in the state of Maryland, one can federally register certain trade names / trademarks. However, the starting point (after forming a business entity) is to register in any state where you do business.

Registration is not a 100% guarantee that no one will...

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