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Minnesota Business Law Questions & Answers
1 Answer | Asked in Health Care Law and Business Law for Minnesota on
Q: Minnesota business. Newly Healthcare based LLC. Nurse owned. Can my LLC accept donations? Or would this be unethical?
Robert Kane
Robert Kane
answered on Aug 30, 2023

I don't know if it would be unethical, but it would be illegal if not done properly. An attorney can explore this option for you. Rogue charities make the front page news.

Charitable Solicitation Act, Minnesota Statutes sections 309.50-.61, governs the activities of charitable...
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1 Answer | Asked in Consumer Law, Business Law and Collections for Minnesota on
Q: Do I have to give the customer a refund?

To explain simply, I recently started a family business with my family. We do this full-time, we are a logistics transportation company. We don’t have any official written documents that we give customers to sign or anything like that. But to ensure that we’re properly compensated, we take half... View More

Robert Kane
Robert Kane
answered on Aug 18, 2023

I don't know how a judge would rule in a civil lawsuit. I don't know if you have done anything illegal, but your post does raise some questions. I am not sure what services you promised. How does traffic become an issue in a 1,800 mile trip? How can they simply refuse service? It seems... View More

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Minnesota on
Q: Can I use Twin Cities in my business name?
T. Augustus Claus
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answered on Aug 16, 2023

Using "Twin Cities" in your business name could potentially lead to trademark issues, as the term may be associated with the Minneapolis-Saint Paul metropolitan area in Minnesota. If your business operates within or serves this region, using "Twin Cities" in your name might... View More

1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... View More

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... View More

1 Answer | Asked in Patents (Intellectual Property) and Business Law for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2023

It depends on how ownership of the patent is structured, and the terms of the investment.

For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares...
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1 Answer | Asked in Business Law for Minnesota on
Q: Is it legal for my boss to buy furniture then sand the companies name off and put his name on it and sell it as his own?
Robert Kane
Robert Kane
answered on Sep 16, 2023

It would be wrong for your boss to buy furniture then sand the companies name off and put his name on it and sell it as his own. This would be quite easy to identify. Is there something you are leaving out?

1 Answer | Asked in Business Law and Contracts for Minnesota on
Q: What MN law states that gov. entities (state investment funds) lack authority to waive/delegate their legal rights?
Robert Kane
Robert Kane
answered on Jun 10, 2023

I am not quite sure what you are asking. Perhaps you could provide more specific information. "Entities" and "state investment funds" are vague.

States’ rights refer to the political rights and powers granted to the states of the United States by the U.S....
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1 Answer | Asked in Business Law and Tax Law for Minnesota on
Q: What are the steps to establishing a small business in Minnesota?

The business would be massage therapy and I would be renting space from a salon in town. I want to make sure I am establishing the business correctly and charging the right amounts for tax purposes and filing my taxes appropriately.

William Bailey
William Bailey
answered on Mar 17, 2021

You should consult directly with a business law firm as this is much more complicated than can be fully answered on an internet forum like this.

1 Answer | Asked in Business Law for Minnesota on
Q: I PAID TO GET MY VEHICLE FIXED, AND THE PLACE OF BUSINESS DIDN'T FIX MY CAR PROPERLY. I PAID FOR A WELDING JOB.

THEY PUT BOLTS INSTEAD. THE BOLTS ARE BROKE NOW. I PAID OVER A THOUSAND DOLLARS FOR THREE BOLTS.

William Bailey
William Bailey
answered on Nov 19, 2020

I'm sorry to hear that. Do you have a question about the situation?

1 Answer | Asked in Business Formation and Business Law for Minnesota on
Q: If I come up with a business name how to I find out it's not take or trademark? In case someone sues me.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2020

You chose logical categories for your post, but it remains open for four weeks. There's no guarantee every post is picked up, but your question could have better chances of a meaningful response in the Trademark category - you recognized the issue as well. Trademark is in the same categories... View More

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... View More

Carrie Dyer
Carrie Dyer
answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... View More

1 Answer | Asked in Business Law and Employment Law for Minnesota on
Q: If I was approved an FMLA but then furloughed by the company, do days associated with furlough count towards the FMLA?

...

Paul Lelii
Paul Lelii
answered on Jun 17, 2020

Sir, this is a general opinion about the FLMA law. A full-blown investigation is required to really understand the facts of your case. See www.leliilaw.com. Paul Lelii 651-587-9663

Whether an employer may count a holiday against an employee's Family and Medical Leave Act (FMLA)...
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1 Answer | Asked in Business Law for Minnesota on
Q: If I payed myself at my company would that be embezzlement
Lucas Wynne
Lucas Wynne
answered on Apr 11, 2020

This question is way too vague. Can you embezzle from a company holding money that belongs to you and is owned 100% by you? Very unlikely.

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Minnesota on
Q: I’m in the pre-startup phase of forming my company and I’m looking for employees to “hire“.

My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?

Carrie Dyer
Carrie Dyer
answered on Apr 8, 2020

If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.

1 Answer | Asked in Business Law for Minnesota on
Q: A "Domestic Corporation" is defined as a small privately held corporation that operates exclusively in the United States

A "Domestic Corporation" is defined as a small privately held corporation that operates exclusively in the United States with no business in international commerce? TRUE or False

Michael Doland
Michael Doland
answered on Dec 24, 2019

Your true or false questions are quite irritating. We are lawyers, not high school students. False. A domestic corporation means a corporation operating in the state where it was incorporated.

1 Answer | Asked in Business Law for Minnesota on
Q: Generally, owners of a corporation "members" are prohibited from filing lawsuits against the corporation? True or False

Generally, owners of a corporation "members" are prohibited from filing lawsuits against the corporation? True or False

Michael Doland
Michael Doland
answered on Dec 24, 2019

Your assumption is totally incorrect. Owners of a corporation are called shareholders. Owners of an LLC are called members.

1 Answer | Asked in Business Law and Intellectual Property for Minnesota on
Q: I brought my own CAD software and computer to use at work after signing an NDA with a new employer. Is the NDA valid?

More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Yes.

1 Answer | Asked in Business Law and Juvenile Law for Minnesota on
Q: In Minnesota are there regulations regarding minors and being on a board for a nonprofit organization?
Joseph A. Gangi
Joseph A. Gangi
answered on Jan 18, 2018

Look at section 317A.205, which currently provides: "The qualifications and method of election or appointment of directors may be imposed by or in the manner provided in the articles or bylaws, provided that directors must be natural persons and a majority of the directors must be... View More

1 Answer | Asked in Criminal Law and Business Law for Minnesota on
Q: If we are trying to serve a CEO of a busines can we serve him at his home and not the business?
Lucas Wynne
Lucas Wynne
answered on Nov 2, 2017

Unfortunately, this question is too vague and too specific to answer here.

1 Answer | Asked in Business Law for Minnesota on
Q: Is it legal to use a different name for a shop name online, instead of the registered name I have for my business?

Some online print on demand websites, like zazzle, allows designers to open different shops with different names for the shops. However I have a registered business name under the state of MN. Do I have to use that registered name for the shop name or can I use a different name, that I may like... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 11, 2017

To be safe, consider filing a certificate of assumed name.

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