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One owner requested I do things that, although are non-reportable but are wrong per the IRS, I won't agree so I'm ceasing the relationship with a termination letter. How do I best word it to protect myself?
answered on Apr 23, 2019
Unless you have a written contract with the company (or person) that says otherwise, you do not have to tell them any reason why you feel the need to terminate the relationship. Therefore, IMPO you should keep your letter of resignation as short as possible, making very sure not to say anything... View More
If a synagogue merger requires the approval of two-thirds of its members, does the two-thirds requirement apply only to those voting or to the entire membership.
answered on Apr 2, 2019
Depends what the by-laws or operating agreement specifies. It is common for the majority requirement for passage of resolutions or decisions to be limited to those present at the meeting called for that purpose, but generally there is a “quorum” requirement in that scenario, which is also... View More
this is a partial rent default by an offshore tenant
answered on Mar 20, 2019
Maryland's usury laws are fairly complicated. The location of the tenant is likely irrelevant. The general legal rate of interest in MD is 6%. Most of the time people can charge up to 8% so long as there is a written agreement to that effect. However parties can agree in various... View More
The board of our 501(c)(6) non-profit association is spread out geographically throughout the Eastern and Western Shores of MD, and our budget needs to be approved. We want to know if the State of Maryland Code allows voting on approval of our budget electronically (via email). Thank you.
answered on Mar 1, 2019
MD Code, Corporations and Associations, § 2-409. Place and notice of meetings
(a) Unless the bylaws of the corporation provide otherwise, a regular or special meeting of the board of directors may be held at any place in or out of the State or by means of remote communication.... View More
Because the students transferred, the insurance my mom had "covered" the expenses of the students tuition and fees. This insurance company is claiming she, the co-owner, and LLC lawyer signed the Indemnity Agreement which makes the owners liable for the damages. The insurance already sent... View More
answered on Jan 29, 2019
i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?
without knowing the exact terms i cannot give you any advice.
I'd like to do this as cheaply as possible.
answered on Jan 24, 2019
The federal trademark is a nationally recognized trademark that allows you to potentially block users anywhere from using it under the federal law. However, nobody can block you from using the mark that you have been using prior to any other party's adoption of it. For most small businesses... View More
I invented the name for my business back in 2007-2008 and want to use this name as I am starting my own consulting business. However, in 2017 there was a documentary/TV series created with the same name. Is this copyright infringement if I go forward using the name I'd come up with? It's... View More
answered on Jan 2, 2019
As long as you are not creating written or media pieces (film) with the name as a title (assuming the name is unique and identical to the TV show) then there is probably neither copyright nor trademark infringement. But without reviewing the specific title and nature of your business it is... View More
The contractor promised to perform repair and renovation services promptly and failed to do so. After completing only the demolition portion of a major project, he declared personal and business bankruptcy. He owes 89 creditors over $1M. DLLR has referred the case to the Office of Administrative... View More
answered on Dec 27, 2018
You really need to talk to a lawyer. Your question is too broad and general to allow an answer in the space available. I assume you have made a claim against the Guaranty Fund. You need to prove your monetary damages using one of the three formulas allowed under the statute and regulations, and... View More
I drove 2 hours (From centeral VA to MD, to a pet store we've prevuously been to and took our children to) to see a puppy we had our hearts set on only to have the pet store deny us the sale just because we have chikdren. Is that legal? I understand screening potential byers for things like... View More
answered on Dec 11, 2018
It’s a private company so they can do what they want. You’ll find it much easier to adopt the same day at the county animal shelter or the local humane society, who have many rescues looking for a home.
answered on Nov 30, 2018
The no-show charge policy must be communicated and agreed to up-front (or implicitly agreed to based on clear notice at the time of making an appointment). Only then will you have a legal basis to charge the fee. As far as the amount, there is no stated law on this, but as a rule of thumb most... View More
Is it permissible for an employer to only allow you to use your sick and/or safe leave if you have the PTO hours to cover said leave? Thus then charging you PTO hours in addition to your sick and/or safe leave hours? This is a job place where the employees are paid predominantly tips, the the tip... View More
answered on Nov 12, 2018
As long as the employer's overall PTO policy provides the minimum sick/safe leave, they can require the employee to use earned PTO. However, if the employer does not set aside leave that can only be used for sick/safe purposes, the DLLR guidance states that it "strongly encourages such... View More
Hello,
I have a question regarding dissolving of LLC partnership.
We have LLC with 4 members registered in Maryland. We don’t have operating agreement signed despite the fact that company operates for 3 years already. Recently, we had a conflict situation with one of the members,... View More
answered on Nov 8, 2018
No, dissolution on your facts (no operating agreement providing otherwise), requires either unanimous agreement of the members, or a judicial dissolution upon filing a petition to dissolve the LLC on the grounds that it “is not reasonably practicable to carry on the business in conformity with... View More
Three years ago three of us made a gentleman verbal agreement and open LLC in a software business. All three of us contributed equally and got the equal shares. We didn't sign any operating agreement at the beginning and wanted to do it later down the road. There weren't any reasons to... View More
answered on Oct 25, 2018
Because you have no written operating agreement, your rights are governed by statute as they relate to your ownership interests, rights and possible dissolution of the LLC. Separately, the LLC may have a civil cause of action against the one owner relating to usurpation of Company business... View More
I wanna write up a Unicorporated Bussiness trust
answered on Sep 19, 2018
The first question any business attorney will likely ask is: what are you looking to accomplish? A business trust is an old but relatively unusual way to conduct business, except perhaps in the case of real estate held in a grantor's revocable living trust. The question doesn't give... View More
It would be to create a business with the information obtained
answered on Sep 18, 2018
Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one... View More
In the state of Maryland
answered on Aug 27, 2018
That depends on what the articles of organization, operating agreement, or other agreements say about who has control over sale of assets of, or membership interests in, or the power to dissolve, the LLC. If you don't have an operating agreement that deals with this, then certain default... View More
Beginning in Nov 2003 (approx) I started working with Davison Inventions. I eventually received a prototype of my idea, which I still have to prove that I had this idea and production in the works. We worked on this for quite some time--I have paperwork from Mr Sawyer to 3 different addresses... View More
answered on Jul 10, 2018
It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.
As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).
You need to take all the relevant documents to... View More
answered on Jun 26, 2018
Ordinarily, no, if the suit is based on a contract or other interaction involving the LLC and its business services/products only. If the owner of the LLC is using it as a sham to commit fraud then it may be possible to pierce the veil of the entity, but that is very fact (and proof) specific.... View More
We were taken to the hospital. My phone was one of the items stolen. I was not able to make it to the wedding or able to reach out to the couple until the next day. I agreed to pay the couple back in full due to the situation. The couple then went on every platform they could and wrote terrible... View More
answered on May 15, 2018
Although truth is a defense to a claim of defamation, it is unclear what else your unhappy clients are telling people that might be actionable from a libel/defamation standpoint. There is also a basis to sue for “tortious interference with contractual business relations” if the disgruntled... View More
He did not file that he owed taxes and now they say I must pay them. Is there a way out.
answered on May 8, 2018
Generally, if you purchase the entire business, the business remains liable for its obligations incurred under prior ownership. I would have an attorney review the sale documents. There may be representations and warranties in the purchase agreement that the business taxes were paid. If so, you... View More
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