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I have a LLC operational agreement with my partner and I would like to leave the LLC. We had no income just some costs that we paid and no other activity. He agreed to keep the company for himself and I was told to update the agreement (it allows us to make changes provided both parties will agree... View More 
answered on Jul 27, 2017
If you are confident in your ability to use the language and in the simplicity of the legal issues, do it yourself. But an attorney who has seen none of the documents and has not had the opportunity to ask questions cannot confidently draft some clauses to be carried off by you. This may well be... View More
Payment. One of the store owners paid one our drivers and he kept the money. Am I liable?
answered on Apr 21, 2017
This is a question of "ostensible agency". The issue is whether you caused the customer to believe that the driver was authorized to accept payment (that the driver was your agent for the purpose of payment), or, conversely, whether you adequately informed the customer that the driver... View More
Rescind the contract? Could I also obtain restitution? If do, how do I go about this?
answered on Apr 21, 2017
Remedies for breach of contract include a claim for damages. This format does not allow for a primer on contract law. You should consult with an attorney to identify the remedy available, how much might be recovered, whether the defendant is collectable (i.e. whether you can collect on any... View More
protect the logo and what would they do if someone imitated or straight copied their logo?
answered on Apr 19, 2017
A logo can be protected as a trademark. Federal registration gives greater protection, but even an unregistered trademark can be protected. An infringement is usually dealt with first by a "cease and desist" letter which notifies the infringer of its improper use of the logo. If that... View More
If the employee resigns to work for a competitor or for themselves? How?
answered on Apr 19, 2017
Yes. The best way for a company to do this is to enter into written agreements with its employees. In the absence of a written agreement, it may be possible for an employer or former employer to legally enforce an employee's or former employee's obligation to not misappropriate property... View More
I only got the LLC so I could start business but never did anything with it. What do I do? I cant afford that bill and Ive never used it.
answered on Mar 24, 2017
If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category... View More
AT&T is sending me to collection threatening to sue for money for services I never received and therefore I threw the paperwork away. They need a password to get into my account, the password was with paperwork.
answered on Mar 23, 2017
Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if... View More
answered on Mar 19, 2017
Probably. It depends upon 1) whether he owns his membership imterest jointly with another person; 2) his estate plan; and 3) the terms of the operating agreement (such as whether there's a buy-sell provision. You have not provided enough information to enable me to answer definitively.
I live in Michigan and have a house on a land contract. I haven't received a statement or receipt for my payments in over 6 months despite asking for monthly statements several times. Do I have any legal recourse i can take?
answered on Mar 2, 2017
Whether or not you get a 'receipt' or a statement really isn't relevant. Are the checks being cashed in such a way you can show they were negotiated? Is there a deed in escrow somewhere so that when you are done paying you will be easily able to get the deed recorded?
It... View More
Our business vendor company contacted a debt collector and sued our Michigan based LLC in 2011 and garnished our bank accounts. As we moved our cash so they did not collect any money. Is it safe to do business by the same LLC or have to start new business company?
answered on Feb 16, 2017
Presumably the LLC with a judgment against it is not "safe". But don't assume that your business can be protected by starting a new LLC like a snake shedding its skin.
We have no operating agreement but are in complete agreement about an equal payout for 50% interest in the company. At which point the other member will withdraw from the LLC. What Documentation is Necessary and what are the tax implications? Is it possible to structure the payout as part cash and... View More
answered on Feb 6, 2017
All of that is possible, since an LLC is essentially a partnership in corporate form providing limitations on the personal liability of the members. Even a simple bill of sale would be sufficient documentation. The tax impact depends on the other member's "capital account," as for... View More
since he is the first investor (we are doing a 506 offering). His investment does't cover the full amount I need, so I will still need another investor, but the second investor will not get the same offer terms as the first. Do I have to do 2 separate offerings and 2 separate private... View More
answered on Jul 25, 2015
Securities laws are complicated. It's not a DIY project. Talk to an experienced local securities lawyer.
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... View More
answered on Nov 30, 2013
Article 1, Section 6 of the Bylaws of the State Bar of Michigan:
Any person currently employed or retained by a lawyer, law office, governmental agency or other entity engaged in the practice of law, in a capacity or function which involves the performance under the direction and supervision... View More
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