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Maryland Business Law Questions & Answers
1 Answer | Asked in Contracts, Personal Injury, Business Law and Landlord - Tenant for Maryland on
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

Be held liable for an accidents or injuries. Will including in my business contract, that my landlord should not be sought after for any accidents or injuries, protect my landlord and basically take her out of the possibility of being sued.

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Maryland on
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

I'm on the current addmistration of a nonprofit who's former President wrote several contracts and memorandums that personally benefited him or organizations that he owns. When we realized this he stated he has a contract and he is protected from illegal eviction, but he wrote those... View More

Jonathan R. Roth
Jonathan R. Roth
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.

1 Answer | Asked in Business Law for Maryland on
Q: Does Maryland law permit 2/3 of LLC members to buyout the remaining partner?

I have a LLC formed in Maryland with stores across the DMV. My partner and I want to force our third partner to sell out of the company after forming his own LLC and stealing a contract from our other company together. Does Maryland law permit us to do so and what steps do we take ?

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Real Estate Law and Business Law for Maryland on
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%)
Ben F Meek III
Ben F Meek III
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... View More

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Maryland on
Q: I registered a domain name that belonged to a LLC. Can I continue the business they started using that domain name?

The company was an LLC company that had a few backlinks from popular websites. They also had a patented product. Can I use the domain name to continue the service/product the original owner had? i have actually done this with 2 domain names but i havent recreated the website/business ideas of the... View More

Will Blackton
Will Blackton
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...
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1 Answer | Asked in Business Formation and Business Law for Maryland on
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

I am concerned we need to file paperwork as an foreign entity, and will have to file an annual report in MD as well as NY. Please help.

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Business Law and Probate for Maryland on
Q: What happens if someone passes away and owned a business in partnership without a will?

My mom recently passed away. She owned a Business in partnership with one of my siblings. What happens to her portion of the business? Does it go to the sibling who is the partner? Or does it go to all of the siblings?

Thomas C. Valkenet
Thomas C. Valkenet
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.

1 Answer | Asked in Employment Law and Business Law for Maryland on
Q: Please help men

I have a barber shop/ beauty salon I have 2 other partners one was suppose to bea silent partner and he was our investor. He presented me with notarized documents that me and the other partner signed the business over to him which this never happen o never ever saw this guy a day in my life. At... View More

Bennett James Wills
Bennett James Wills
answered on Oct 22, 2016

If you are a leaseholder, you have rights. Consult local counsel.

1 Answer | Asked in Business Law, Construction Law and Contracts for Maryland on
Q: IF A CONTRACTOR FOR RENOVATION OF A BUSINESS HAS TAKEN MONEY AND NOT PERFORMING THE WORK WHAT CAN BE DONE AS PER LAW

IF I WANT HIM TO SIGN A PAPER THAT HE HAS FAILED TO PERFORM HIS DUTIES AS A CONTRACTOR AND HE WILL THEREFORE HAVE NO PROBLEM THAT WE WILL DEDUCT THE MONEY FROM THE BUILDING COST (THE SAME) ONE AS HE IS THE CONTRACTOR FOR AND HE IS SELLING THE BUILDING TO US. WHAT CODE SHOULD SHOULD WE USE?... View More

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Education Law, Business Law and Construction Law for Maryland on
Q: What is required to run a training school in the construction industry?
Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: My understanding is that if your MD LLC is forfeit, can you register a different business without penalty?

My understanding is that to reinstate the original business, you have to pay annual report filing fees plus penalties for the previous missed years. But what if you want to register a new business under a different name? Are there penalties for this?

Lawrence F. Regan
Lawrence F. Regan
answered on Sep 30, 2016

No, you are fine.

1 Answer | Asked in Contracts, Business Law and Consumer Law for Maryland on
Q: A LLC business issued me an insufficient funds checks and has done for numerous times. How do I file a complaint?

A check cashing company has blocked the company because he uses different names and accounts. The funds never clear. When I attempted to contact the owner he refuses to call me back. His mailbox is full and office says they don't know how to contact him. Can you advise me on how to file a... View More

Davin Van Eyken
Davin Van Eyken
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.

2 Answers | Asked in Employment Law, Business Law, Personal Injury and Workers' Compensation for Maryland on
Q: Based under contract does the contract bind the plant manager who controls the operation of the owner business?

If so what can I do as an employee by contract with an injury that caused amputation of my great toe? Lost wages I understand. What about continue pain and suffering and suffering...

Peter N. Munsing
Peter N. Munsing
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.

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1 Answer | Asked in Business Law for Maryland on
Q: If a company writes a 60 day exit plans but violates the rules that they stated what do I do?
Adam Studnicki
Adam Studnicki
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...
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1 Answer | Asked in Business Law for Maryland on
Q: I need to file an amendment and restatement of charter for a MD corporation

What is this the correct title for the document?

1. "Articles of Amendment and Restatement of Articles of Incorporation of [corporation name]"

2. or simply "Articles of Amendment and Restatement of [corporation name]"?

3. Technically this is the 2nd time... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
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.

1 Answer | Asked in Business Law for Maryland on
Q: Do i need a lawyer to defend a cease-and-desist letter telling me to stop using a business name?

The cease-and-desist letter claims that they have rights to the name that I'm using, but we live in completely different states.

Charles Snyderman
Charles Snyderman
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.

1 Answer | Asked in Business Law for Maryland on
Q: How can a minority owner of a Maryland corporation get the corporation to hold the annual meeting called for in the by-

Laws? No meeting since 2009, and there are important issues to discuss. Other owners happy with no meeting since probably don't want to address issues.

Cedulie Renee Laumann
Cedulie Renee Laumann
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.... View More

1 Answer | Asked in Business Law for Maryland on
Q: How to transfer single owner LLC to multi owner LLC?
Cedulie Renee Laumann
Cedulie Renee Laumann
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,... View More

1 Answer | Asked in Business Law for Maryland on
Q: I have a privately own non frachise pizza place but no one ownes the rights to the name.

Can some one open the same type of business with the same name and even better open it with in a mile of my business??? Is there a law to protect me from someone opening a business so close to me?My concern is the distance between such businesses ? My business is in MD

Cedulie Renee Laumann
Cedulie Renee Laumann
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... View More

1 Answer | Asked in Business Law and Business Formation for Maryland on
Q: Which of the two states is easier to start a commercial mortgage loan business, Maryland or Nevada?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 26, 2011

Determining where to incorporate or form a new business involves a great number of factors and is not easily answered by an online post. That being said, to issue mortgages in the state of Maryland one needs Maryland licensure.

You are encouraged to seek legal counsel before starting any...
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