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Michigan Business Formation Questions & Answers
2 Answers | Asked in Business Formation, Business Law and Civil Rights for Michigan on
Q: How to report kfc corporate for giving my info out

Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More

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1 Answer | Asked in Estate Planning and Business Formation for Michigan on
Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county.

The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 15, 2023

What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents?

As you can see, there are many...
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1 Answer | Asked in Business Formation for Michigan on
Q: Hello, I wanted to get information on legal issues I may encounter with starting a nude/topless maid service in 49048.

I believe there may be zoning issues I may encounter.

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

Lots of risk...the cost to mitigate the risks may make it hard to turn a profit.

Let's start with business licensing / regulation. Going from house-to-house may mean you need to check multiple jurisdictions to ensure you are operating legitimately. If you have two clients on either...
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2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Michigan on
Q: Can a business partner that was given POA by their partner for business purposes sell/give ownership rights away?

My husband and a friend opened a food truck/restaurant. My husband had some medical issues and gave the friend POA to sign business documents for them as they were in the middle of trying to purchase a building. My husband left the company (day to day operations) but signed nothing giving away... View More

James L. Arrasmith
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answered on Aug 5, 2024

No, a business partner with a Power of Attorney (POA) cannot unilaterally sell or give away ownership rights without explicit consent from the other partner. The POA typically allows the partner to sign documents and make decisions on behalf of the business but does not grant the authority to alter... View More

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Does a Michigan LMSW-C interested in forming a private practice that offers multispeciality services need a LLC or PLLC?

Does a Michigan LMSW-C interested in forming a private practice that offers multispeciality services (i.e. lactation, training, consultation) need a LLC or PLLC?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 18, 2024

If the LLC Is going to offer services for which a license is required, it must be a PLLC. MCL 450.9201, 9202.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for Michigan on
Q: Is there a minimum size of land requirement for a private particle accelerator laboratory?

Research and development physics laboratory that would include particle accelerators. For the state of Michigan

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

Zoning requirements vary depending on WHERE in the state you are. Your best bet is to contact a local lawyer to provide specific information for the city/township where you are interested in building.

That said, there are LOTS of legal issues before building a complex thing like this, and...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Michigan on
Q: Can I get sued at 15 for money?

I have got into a problem I’m 15 and I had a sweet 15 and hired a choreographer that went to my school who is like a year older then me and we both agreed to pay him 250 but I had to cancel the whole dance because I sprained my foot and couldn’t dance and we barely had like five practices and I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 29, 2023

Yes, but you should raise a defense that you are a minor (unemancipated, I assume) and cannot be held legally responsible for a debt that is not for a necessity.

1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Do I get to keep my *prospective* business

I wanted to start a business back in 2019. I went through the process of choosing the perfect name, narrowing down my niche, choosing products, etc.

While going through that, I had a "business savvy" boyfriend. He wanted to be a part of it, and quickly started trying to take... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 22, 2023

Your question should be analyzed as whether property rights, or rights with respect to competition law, have arisen. Is there a copyright, whether or not registered? A potential claim for unfair competition? An outright theft of information? I cannot tell.

1 Answer | Asked in Business Formation, Business Law and Contracts for Michigan on
Q: . Is it legal for me to sell pastries from a local bakery in my floral business without a food license?

I have a question that may appear ridiculous, but I feel compelled to ask. I'm a new entrepreneur who wants to bring the relaxing Parisian experience to Michigan. I'm in the midst of starting a luxury floral boutique

In other words, I would be supplied with fresh pastries from an... View More

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2022

You should consult a local business attorney, but I believe at the point you are selling food items, then additional licensing may be required.

2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

If you were an employee, maybe this is a wage and labor issue?

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1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Partnership withdrawal and contract debt dispute

If we started a buisness with 5 people and one of the partners volunteer to leave and just wanted what they put in and we oked that in the contract and signed it to be paid evenly between the last 4 partners and the after 5 months 3 of the partners paid there portion already but the last partners... View More

Patrick Duff
Patrick Duff
answered on Jan 12, 2021

It will depend upon the language in the contract you signed to buy out the first partner. If the contract says each remaining partner is reliable for his/her own share, then you're ok. If it says the business is responsible as a whole, you may have to pay and go after the non-paying partner... View More

1 Answer | Asked in Business Formation for Michigan on
Q: I want to sell high quality and hand painted replacement pieces for board games like Monopoly, candyland, and others.

None of my products will have any of the trademark names of the games on them or the packages. My question is what laws do I need to consider for these kinds of complementary products if they have direct ties to a base product that may have trademarks or patent protection?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2021

You may want to ask this question in the Trademark and Copyright sections - that's probably why it remained open for five weeks. It's more an intellectual property matter than a business formation matter. It looks like you recognized some of the relevant issues here as well, since you... View More

1 Answer | Asked in Business Formation and Civil Litigation for Michigan on
Q: If you post something online for a certain price do you have to sell it at that price or lower?

Let’s say some dealership is trying to be slick and use Facebook marketplace. They post a product for ridiculously cheap knowing that product is way more then the posted price. Could a consumer sue the dealer to get the product for the posted price?

Brent T. Geers
Brent T. Geers
answered on Nov 15, 2020

As they say, "the devil is in the details". You would really need to ascertain what, if any, strings are attached to the offer, and whether you met all those conditions. Let's just say, for example, a store advertised new refrigerators for $100, but the conditions were that you had... View More

2 Answers | Asked in Business Formation and Copyright for Michigan on
Q: I want to make a baseball hat with these same initials. Can I do that?

I want to use the initials GTFO.

Steve Charles Vondran
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answered on Nov 9, 2020

Go to USPTO search trademarks. See if anyone us using this in your classification. Also do a common law search (especially in the state you are planning to do business), and others. A lot of similar marks are allowed to co-exist, but do a little leg work and see what you find. Good legal. This... View More

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1 Answer | Asked in Business Formation for Michigan on
Q: Can an individual get a DBA/AN or is this only for businesses? If so, what paperwork is necessary? Thank you!

I would very much like to get official paperwork for an Assumed Name, but everything that I read online says that Assumed Names and / or DBA’s are for the names of a business rather than for just an individual. I've asked two lawyers, two businesses, and a city clerk, and so far, no one has... View More

Patrick Duff
Patrick Duff
answered on Aug 13, 2020

If you are using the assumed name as an individual, that means you are operating as a sole proprietor. You can register the name of your sole proprietor business at the county level. Here is a link with some info:... View More

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Can I use the name wild Wonka for a business?
Michael Doland
Michael Doland
answered on Dec 24, 2019

There appears to be no trademark under this name. That leaves Michigan (https://www.michigan.gov/lara/) conflicts of existing Michigan entities.

1 Answer | Asked in Banking, Business Formation and Business Law for Michigan on
Q: Use my personal address on a business bank account? Degree of risk of piercing the LLC veil?

Manager-Managed LLC in Michigan. I am the Manager (80%), my daughters are silent partners (5% and 5%). We are presently using a UPS Store Mailbox as the business address, but the bank will not allow it. The bank suggests using my personal address.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 10, 2019

There is nothing wrong in using a home or personal address as a business address.

1 Answer | Asked in Estate Planning, Real Estate Law, Business Formation and Business Law for Michigan on
Q: Want to start a Property Management Company in MI where I would purchase & rent the properties. What's required?
Trent Harris
Trent Harris
answered on Jan 27, 2019

Business savvy and real estate management experience would be a good start. If you have those, you will be exposed to the various ownership entities real estate investors use to acquire and operate rental properties. You would have agreements and requirements for various independent contractors and... View More

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