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Missouri Business Law Questions & Answers
1 Answer | Asked in Business Law, Copyright and Intellectual Property for Missouri on
Q: Former board member stole intellectual property. What can I do?

I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... View More

Matthew Morris
Matthew Morris
answered on Jun 4, 2022

The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.

This type of situation often arises when two or more...
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1 Answer | Asked in Business Law for Missouri on
Q: My former business partner redirected an invoice from what is now my firm to his new firm. Is this illegal?

My former business partner redirected an invoice from what is now my firm to his new firm. He did not inform me of his action. He is entitled to the funds, but he was no longer with my firm when he made the transfer and he used access to his work email from my firm to do so. I

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 1, 2022

He may have violated Missouri’s statute against computer tampering. The big question is whether you wish to spend money pursuing him.

1 Answer | Asked in Business Law for Missouri on
Q: Does an S-Corp protect the owner from losing their personal belongings or their cemi trucks they use for the business.
Robert Grant Pennell
Robert Grant Pennell
answered on Feb 24, 2022

Creating a corporation (either under subchapter S or C) or a limited liability company to operate your business is a wise decision for multiple reasons, one of which is the protection of your personal assets. Typically, that means that your personal belongings and similar items could not be sought... View More

1 Answer | Asked in Business Law for Missouri on
Q: Under what circumstances is a small business required to have a public restroom?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 14, 2022

Check with your local governing authority.

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Missouri on
Q: I am a small business owner who rents a building in Missouri my landlord is owed money for last months rent he said

If I don't pay him now he's locking up my businessis this even legal

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 5, 2021

It is unlawful for your landlord to engage in “self help” by changing the locks.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Missouri on
Q: My rent to own agreement may not abide to the MO. Laws and Statues required for the type of agreement that it is.

The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 30, 2021

I recommend that you have an attorney review the agreement to determine if it is enforceable.

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1 Answer | Asked in Business Law for Missouri on
Q: Do I need a translator to transclude a contract

If bifurcation is a breach of contract

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 20, 2021

Your post is not well written. I think you need some help.

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Is there a lawyer i can get to look at at a contract to see if its fair. For free are will I be charge.

It a Operating Agreement want to make sure my son is making the right desion

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2021

Any lawyer with contract experience could assist. I don’t see why an attorney would perform such work for free. It shouldn’t cost you more than an hour of attorney time for a short contract.

1 Answer | Asked in Business Law and Copyright for Missouri on
Q: Hi! I have a business that sells t-shirts with pictures of historical figures on them. Does this break licensing laws?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 14, 2021

Depends on where you are getting the figures from and how old they are.

Consult with an attorney.

1 Answer | Asked in Copyright and Business Law for Missouri on
Q: I was wanting to start a small Business reselling Tv show stickers I buy from Amazon but I am unsure if I am allowed.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2020

you always run some risk.

you should consult an attorney.

just because it is sold through Amazon does not mean it is a properly licensed product and that you can resell them

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: is it illegal to keep my name on business loan of business I was bought out of?

my husband sold his part of a business to other partner but his name was on the business loan and was not removed and he also had life insurance policy used as collateral on that loan in his name only at this business. He died of cancer and that life insurance policy in his name only was used to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 8, 2020

My condolences for the loss of your husband. The buyout of his interest was a contractual obligation. If you are uncertain, have an attorney review the contract to see if it required the other party to refinance the loan so that your husband was no longer a guarantor. It’s not a matter of... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: How much does it cost to get a full liquor license in Illinois/Missouri?

I want to open up a bar and grill in either Missouri or Illinois or both. How do much would it cost in either state and what's the process? Will i need to take classes? And what's the best business structure to go with?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 8, 2020

There are several types of liquor licenses in Missouri. The type you get will depend on many factors. You will have to apply for the license, pay the fees, purchase a bond, at a minimum. It is a process that takes time, including a background check and fingerprint check.

The format of your...
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1 Answer | Asked in Real Estate Law and Business Law for Missouri on
Q: A family member would like to use one of my apartments (i am an owner occupant of a 4plex) for "office space".

I'm sure it's for tax purposes. How would I, or should I, do this? Thanks!

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jul 31, 2020

If you think it is fraudulent, stay far away from it. But if they are really going to use the space and pay rent, I don’t see a problem.

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Missouri on
Q: Ive got a case against me for deceptive business practices.

My fathet and i ran a small busineas together where we dealt with many clients sending us (animals they harvested) in return we taxidermied them and sent them back to them.if i told a client their animal was done and ready to ship back, they sent us a check, i in return told them we would ship... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 29, 2020

I don’t know what you mean about the state trying to charge you. It either has or hasn’t charged you. If the latter then you should hire an attorney to defend the lawsuit. It would be the state’s burden to establish culpability on your end.

1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 29, 2020

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... View More

1 Answer | Asked in Business Law for Missouri on
Q: Me and my business partner had a disagreement. And he told me that I was out and he was taking control of company?

I want him to buy out my 50% of the company the name and the reputation I worked very very hard to build! He brought no knowledge or anything except himself and half the money for ins. The tools purchased he payed for his I paid for mine only couple things were purchased thru company or with... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 27, 2020

Your formative documents control. Have an attorney review them.

Unless you and your business partner come to agreement you’ll spend a lot litigating.

1 Answer | Asked in Contracts, Business Formation and Business Law for Missouri on
Q: Can a none compete be over turned by the declaration of independence?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 25, 2020

I have no idea what your question means. Non-competition agreements are generally enforceable but they can be challenged depending on their terms. If the situation is important to you then you ought to hire an attorney to review the contract and give you advice. These agreements often have... View More

3 Answers | Asked in Employment Law, Tax Law and Business Law for Missouri on
Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 20, 2020

Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you...
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1 Answer | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: How to avoid or win credit card disputes from the customer? I have a small business.

We print custom t-shirt & embroider on shirts. We printed 200 piece t-shirts for this customer, customer verified and picked up. Customer disputed charges with her credit card company (reason: defective print). We ask customer to bring the shirts back by responding to her dispute case but she... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 15, 2020

With this particular customer if the disputed amount is less than $5000 you can file a small claims case to recover your loss. You can use an attorney’s services in small claims but you are not required to have an attorney.

As far as contract language goes, you should have the customer...
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