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Michigan Business Law Questions & Answers
2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: I am in a partnership dispute. I am a member of a 50/50 partnership. We both agree to dissolve the company.

Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?

David Soble
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David Soble
answered on May 26, 2023

Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... Read more »

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1 Answer | Asked in Personal Injury, Products Liability and Business Law for Michigan on
Q: Videographer creating ads for another company's safety product?

I am a videographer and run my own videography company. If I promote a safety product (film ads and take photos) for another company's product to be released on their social media, and that safety product ends up not being what is stated unbeknownst to me and it ends up failing and hurting... Read more »

Tim Akpinar
Tim Akpinar
answered on May 14, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. In a setting like this, there are no guarantees as to who a potential plaintiff would name in a lawsuit. If someone is merely inserting a script that the client provided without knowledge, that would probably be... Read more »

1 Answer | Asked in Business Law and Employment Law for Michigan on
Q: I am the Receptionist and Personal Assistant to the CEO of a clinic. The CEO assigned Closing notes to me

The CEO has told me to go into her login, correct the notes and then sign off of them electronically. These are patient notes. I discussed this with my former supervisor and she explained how this was illegal. I need advice as I’ve closed dozens if not hundreds of notes for her.

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2023

I think you need to address your concerns to your current CEO. Your CEO may be unaware that what she's asking you to do is unlawful, and will hopefully appreciate you bringing this to her attention. She may also know it is permissible and be able to explain to you why it is. Either way, your... Read more »

1 Answer | Asked in Consumer Law, Banking and Business Law for Michigan on
Q: Are there any licences/regulations required for personal finance websites w/affiliate links for loans, credit card, etc?

Curious about starting a website like Nerdwallet or Bankrate.com, where we write articles about financial products/services and have affiliate links to personal loan companies, credit cards, insurance, investments, loans, etc. We wouldn't provide any goods/services ourselves, but would just... Read more »

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

This is not legal advice.

Perhaps. There certainly are regulations that personal finance websites must follow when selling or promoting financial investments and tools. You may consider investigating whether or not the website is required to disclose any material connections or financial...
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1 Answer | Asked in Banking and Business Law for Michigan on
Q: I owned a business, our bank without notices or court order froze our bank account, this closed the business immediately

The company was not behind on payments and not out of formula on credit line, I cannot talk to our loan officer and bank attorney will not provide any info

Adam Alexander
Adam Alexander
answered on Jan 10, 2023

Not a lot of detail in this question. A lawyer will need a lot more to provide you with your best legal options. However, my suggestion would be to immediately file a complaint with the CFPB. Your bank will have to respond, and this action may allow for a resolution. To the extent you later file a... Read more »

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... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
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 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
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
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 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
PREMIUM
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 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... Read 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 Contracts, Business Law and Patents (Intellectual Property) for Michigan on
Q: Have idea to enhance an existing product for existing business. What kind of atty to draft protection, more than a NDA.

I Have an idea to enhance an existing product for existing business, I would like to propose the idea to this business but would like to protect myself for compensation if they should like it and want to go through with it. What kind of an attorney would I seek to draft protection, I want more than... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Dec 14, 2022

Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

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 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
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,...
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