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Michigan Business Law Questions & Answers
1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: Can a Resident Agent of an llc buy, sell and negotiate real estate transactions, without a real-estate license?

Only listed Resident Agent lives in Texas, has an office in Michigan. The Michigan business license says "general purpose clause".

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 23, 2022

‘Buy sell and negotiate’ for what purpose?

Buying/selling for the use of the LLC? Sure. You don’t need any special licenses to buy or sell land for your own use.

Buying/selling as a ‘public agent’ / broker to the public representing buyers and sellers? Not without...
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1 Answer | Asked in Banking and Business Law for Michigan on
Q: I made an online purchase on the target website using apple cash and because of that purchase someone stole my debit and

Apple cash information. I have proof that it was the target purchase that allowed the hackers to get my information. Do I have a case?

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

You do against the hackers. But there's not enough information for other potential parties. Most transactions using Apple Cash are below $1,000 and it is likely you'll get your money back for fraudulent transfers. Have you contacted Apple, Target, and the bank behind Apple Cash? How do... Read more »

1 Answer | Asked in Contracts and Business Law for Michigan on
Q: Can a single member LLC be charged a late fee for making a payment on a saturday when the due date was that same day?

I paid my credit card payment electronically on the 25th when it was due which also fell on a Saturday. I was charged a $75 late fee because the company does not accept payments on Saturdays and Sundays so it wasn't processed until the 27th which was on Monday. This credit line is under my... Read more »

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

Being a single member LLC wouldn't change whether or not the late fee can be assessed on the company. It sort of depends on the contract you signed requiring you to pay in the first place to determine whether or not the late fee was properly assessed.

1 Answer | Asked in Business Law for Michigan on
Q: Is it legal to look at other peoples stock trades(that I did or didn’t pay for), modify them, and sell them?

I plan to start a business of analyzing twitter and discord stock traders.

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2022

Probably not illegal if using publicly available information.

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... Read 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.

1 Answer | Asked in Business Law and Trademark for Michigan on
Q: So I wanna start a business And i wanna make a logo with the outline of a gtr (a car) will I get copyrighted or sued
Evan Ficaj
Evan Ficaj
answered on May 23, 2022

A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.

To properly answer this question, you should meet with an attorney to discuss details...
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1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
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Michael Ray Smith
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... Read more »

1 Answer | Asked in Business Law for Michigan on
Q: I can’t find any info on Authority to tow in Michigan. All I see is need proper insurance,plates and dot #’s

All I can find is that you need proper insurance, registration, license plate, dot numbers and cdl a or b depending on weight of vehicle(s)

Evan Ficaj
Evan Ficaj
answered on Apr 15, 2022

When hauling for-hire, in intrastate commerce, operating authority must be granted through the Michigan State Police Commercial Vehicle Enforcement Division (MSP-CVED), Regulatory and Credentialing Section. This includes carriers that are in business as a repossession company or an auto auction... Read more »

1 Answer | Asked in Business Law for Michigan on
Q: What legal authority prevents the owner of a LLC from representing the LLC in court?

My son, acting in pro per, sued an LLC in district court. Its owner hasn't hired an attorney and has filed all answers and responded to all motions himself. Owner isn't an attorney. What specific Michigan authority (statute, court rule, case, or other authority) prevents the owner from... Read more »

Evan Ficaj
Evan Ficaj
answered on Apr 13, 2022

Unless the articles of organization state that the LLC is managed by managers, the LLC is managed by members (commonly referred to as “owners”). MCL 450.4401. The managers in a manager-managed LLC and the members of a member-managed LLC have the authority to bind the LLC. The Michigan Court... Read more »

1 Answer | Asked in Business Law for Michigan on
Q: My LLC sells apparel on my website. Can I sell on other websites as well under the same LLC setup and name?
Michael Zamzow
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Michael Zamzow
answered on Mar 14, 2022

If you're asking whether or not you can conduct business in the name of an LLC you own, in more than one location, the answer is probably. I imagine there could be local restrictions, website rules, mark licensing, or some other reasons particular to your brand that makes this question unanswerable.

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Michigan on
Q: in Michigan, own a retail business. Strong winds blew open my door and damaged it and landlord won't repair. Is he righ

Winds blew it open, broke the top seal and bent the metal bar. He claims in the lease the exterior walls and roof, and structural maintenance, repair and replacement of the building and its foundation and that it doesn't include the door.

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 24, 2022

It probably depends upon the wording of the lease. The leases that I prepare for a particular landlord typically provide that the door, which generally requires more maintenance than the non-moving parts of the building, is the tenant's responsibility.

1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: I started a software company in Michigan and I am getting clients from other states, do I need to file LLC there?

I started an LLC for software-as-a-service in Michigan and I am getting clients from Ohio and Illinois, I wanted to know that do I need to file an LLC in all states from where I get clients or I can do business from my Michigan LLC only, and where do I pay income tax?

Edward Gudeman
Edward Gudeman
answered on Feb 24, 2022

The filing of Articles of Organization in the other states in which you are doing business is not appropriate. Doing so would create separate entities that would have to be treated accordingly.

The registration of your company in those states in which you are doing business is, however,...
Read more »

2 Answers | Asked in Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 11, 2022

The federal Confiscation Act of 1862 would apply to gold owned by the Confederate States of America (which the Act did not recognize as an entity), with the result that the United States would own the gold. This is a hypothetical question because the CSA government probably held no gold at the... Read more »

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1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Michigan on
Q: Do I need to hire an attorney? How can I get a copy of my purchase contract?

I purchased my manufactured home on 3/9/2009 and because I purchased it brand new my community had a lifetime promotion they wrote in my purchase contract that I will receive $100 off rent for lifetime. I cannot find my purchase contract paperwork so I went to the office and the manager stated... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 17, 2021

I'm unsure what an attorney can do for you. It would not be filed with any government entity, and so if the management no longer has a copy, and you can't find yours, you may be stuck.

Since others are having the same issue, and management appears willing to acknowledge they did...
Read more »

1 Answer | Asked in Business Law and Health Care Law for Michigan on
Q: Operating a diagnostic ultrasound facility in Michigan

Hi,

I was thinking about opening a small diagnostic ultrasound clinic in Dearborn, Michigan. I am an experienced sonographer with more than 10 years of experience. I want to cater to clients/patients who will be self pay. I will not be billing insurance companies. I wanted to know what the... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Sep 17, 2021

You will likely need to seek out an attorney who has experience in health care law. I would inquire about whether or not a sonographer can operate independently, the type of license a diagnostic facility requires, and whether or not a diagnostic facility needs a physician in a director role. And, I... Read more »

2 Answers | Asked in Business Law and Employment Law for Michigan on
Q: Can I work for a staffing agency internally and as an employee contracted out by the agency to a client?

I work for a staffing firm that does payroll/hr/admin contracting for a large client. I’m a corporate employee who manages the hr system for both the staffing agency and the client, in the past I managed payroll for both companies as well (the contracted agency employees and the direct client... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2021

As a practical matter, I'm not sure it's to either company's benefit for you to manager HR for the both of them. Payroll is another matter, which I don't think is much of an issue.

The arrangement is likely legal; "best practice"? probably not.

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2 Answers | Asked in Business Law for Michigan on
Q: what's the rule of law? Im a business major and struggle to understand what it is especially in this case
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 2, 2021

The "rule of law" to me means that in the conduct of our nation's affairs, we follow rules, rather than be governed by the whims of a dictator. The phrase could also refer to the rule that governs the outcome of a particular case.

Your question is more of a definitional...
Read more »

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2 Answers | Asked in Business Law for Michigan on
Q: Can money be returned after 6 months?

My company accidentally sent a check to a company ( Company A) with the exact same name as the actual receipt company of the check (Company B). When the check was sent it had all of company As information and was deposited without an issue. Unfortunately that check was sent and cashed in early... Read more »

David Soble
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David Soble
answered on Jun 18, 2021

Company A cannot keep the monies for work or services it had not performed. Should you decide to bring an action against them it is very likely you would prevail. From your facts as presented, this should not be difficult to resolve.

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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 17, 2021

It is hard to say without specifics, but if there is an activity like sewing that has been around for thousands of years, and a company comes up with a new product to help workers perform the activity better, the company will likely patent the product, as well as a method of using that product.... Read more »

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2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: For a Video of themed addresses Owner Release / permission required if I only use publicly obtainable images and info?
Michael Zamzow
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Michael Zamzow
answered on May 3, 2021

It's not entirely clear what you're asking. But, publicly obtainable images doesn't mean the images are in the public domain. And videos containing images that are not properly licensed, particularly ones produced with a commercial purpose, may create unnecessary liability and risk... Read more »

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