Maryland Business Law Questions & Answers

Q: I have a new business and would like to know what is the cost for Hiring an attorney for my small business

1 Answer | Asked in Business Law for Maryland on
Answered on Oct 27, 2017

Attorney cost depends on the stake and risk so involved in your business and the kind of advice & paperwork so involved...
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Q: Is legal for landlords to withhold utility bill from tenants when sharing costs

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Answered on Oct 13, 2017

No. What percentage of sharing was agreed? Whether tenant has to pay a fixed amount then showing of bill is not mandatory. If bill sharing is on the basis of usage then bill showing or copy thereof need to be given to tenant.
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Q: I paid cash for a house and am now renting it out. Is it possible to form an LLC and mortgage the house from myself?

1 Answer | Asked in Banking, Business Formation, Business Law and Real Estate Law for Maryland on
Answered on Sep 28, 2017

If the question is "can an individual make a loan to a business they own," the answer is "generally, yes." The individual would of course need to report any interest income received. If the question is "can a business make a loan to an individual who owns the business" the answer is "it depends." Maryland law licenses mortgage lenders and usually a business cannot make a mortgage loan to any individual if the lender is not licensed. Additionally, mortgages require payment of transfer...
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Q: We own a small business (LLC - 4 partners)IS it correct that WE are required to have WC for ourselves?Thanks!

1 Answer | Asked in Business Law and Workers' Compensation for Maryland on
Answered on Sep 28, 2017

A business owner in Maryland generally has the option of either purchasing Workers Comp for themselves or waiving it. Naturally the business must provide workers comp for all its employees. Typically the LLC members are not true "employees." Any workers compensation carrier should be able to quote different rates for including or excluding owners.
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Q: If my Business was forfeited, can I start a new buisnes with a similar name but not the exact same?

1 Answer | Asked in Business Law for Maryland on
Answered on Sep 28, 2017

Generally any available name can be registered so long as it is not "misleadingly similar" to an existing name.
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Q: my previous employer refuses to pay me for work completed prior to them going out of business. $1,950.00 is initial pay

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Maryland on
Answered on Sep 28, 2017

Employees not paid wages generally have two options: file a complaint with the Dept of Labor and let the government investigate or file suit. Maryland law specifically allows an employee to recover up to 3x the amount of unpaid wages plus their legal fees if they win a case against the employer for unpaid wages.

That being said, where an employer goes out of business one should analyze what resources the potential defendants might have to pay a lost wage claim before filing a civil...
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Q: is the contract content agast the real estate laws?

2 Answers | Asked in Business Law, Contracts and Real Estate Law for Maryland on
Answered on Sep 25, 2017

Don't sign the contract? I suppose you could have a lawyer review it, but, generally, a contract for sale of real estate, particularly between commercial parties, as in an auction, is binding.
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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.

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.

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: What is required to run a training school in the construction industry?

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

If you're seriously interested in starting a training school, in any industry, you need to get a lawyer. Everything from possibly incorporating your business, to licensing, to partnership contracts, investor contracts, compliance, etc. Too much to go over to answer on a forum.

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