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Nevada Business Law Questions & Answers
1 Answer | Asked in Banking and Business Law for Nevada on
Q: If square froze my account for suspicious activity and a check was returned are they responsible nfs returned check fee

On Thursday February 29th square bank froze my account for what they thought was suspicious on Friday march 1st a bill pay I initiated on Thursday was returned now the company I was paying the bill to wants an additional 100 dollars for the returned check fee is square responsible for that fee? I... View More

James L. Arrasmith
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answered on Mar 4, 2024

When your account with Square Bank was frozen due to suspected suspicious activity, and as a result, a check was returned, this situation understandably causes frustration and financial inconvenience. Banks and financial institutions have policies in place to monitor and act on activities they deem... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Nevada on
Q: How can I receive shares of a small llc that I've earned and avoid the tax burden? Nevada

I've vested my percentage by coming in and running the business for the last 6 years but cannot afford to pay the taxes.

James L. Arrasmith
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answered on Jan 22, 2024

Receiving shares in an LLC as compensation for services rendered can indeed create a tax burden, as the IRS often views this as taxable income. In Nevada, while there is no state income tax, federal taxes still apply. One way to manage this tax burden is to receive the shares gradually over several... View More

1 Answer | Asked in Bankruptcy, Tax Law, Business Formation and Business Law for Nevada on
Q: What would happen if I'm unable to comply with this plan and the account proceeds into collections or personal guaranty

My Amazon account was closed recently, resulting in an outstanding balance owed to Payability (which a service that offers prepayment option for Amazon sellers on the shipped orders) due to premature payment. They proposed a payment plan of $1,000 a week to settle the remaining $19,320.89.... View More

James L. Arrasmith
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answered on Jan 12, 2024

If you are unable to comply with the proposed payment plan and your account proceeds into collections or personal guaranty enforcement, there are several potential consequences. The creditor, in this case, Payability, may initiate collection efforts. This can include contacting you for payment,... View More

1 Answer | Asked in Consumer Law and Business Law for Nevada on
Q: I just closed my LLC and money is tight. If I don’t pay the final phone/cable bill, will it affect my personal credit
James L. Arrasmith
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answered on Dec 25, 2023

If you've closed your LLC, your business's debts and financial obligations should typically remain separate from your personal credit. However, there are some factors to consider.

First, review the terms of your phone/cable contract. If the contract was in your LLC's name and...
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1 Answer | Asked in Business Formation and Business Law for Nevada on
Q: How do I file for a sports handicapping business LLC in Nevada? What NAICS classification should I use?

I am looking to start a sports handicapping business. For a fee, customers can purchase a subscription and receive a report with the sports picks I believe have the best value against the Vegas odds. I will not be placing wagers for my customers, running any type of fund, or anything aside from... View More

T. Augustus Claus
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answered on Oct 5, 2023

In Nevada, to establish a sports handicapping LLC, you'd generally follow steps like selecting a unique LLC name, appointing a registered agent, and filing Articles of Organization with the state. For the NAICS code, consider "711510 - Independent Artists, Writers, and Performers".... View More

1 Answer | Asked in Banking and Business Law for Nevada on
Q: In the state of Nevada, can I ask a client of my med-spa business to sign a release of claims prior to processing refund

In the state of Nevada, can I ask a client of my med-spa business to sign a release of claims and a refund acknowledgement upon processing the refund for their service?

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, businesses often use releases or waivers to protect themselves from potential future claims or lawsuits. It's not uncommon for a business to request a customer to sign a release of claims when processing a refund, especially if there's a potential for a dispute or claim. By... View More

1 Answer | Asked in Business Law and Contracts for Nevada on
Q: Can a lease contract fee be increased 300%?
T. Augustus Claus
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answered on Oct 4, 2023

n Nevada, if you are in the middle of a fixed-term lease (e.g., a 12-month lease), your landlord cannot increase the rent or any fees unless it's specifically stipulated in the lease agreement. However, once the lease term ends and if you move to a month-to-month tenancy or sign a new lease,... View More

1 Answer | Asked in Contracts, Business Law and Internet Law for Nevada on
Q: I am in the state of Nevada. I recently came across an advertisement from a licensed car dealership for a car for $1

Is this a binding price? Excluding any document and processing fees. The ad includes VIN number and all car details.

T. Augustus Claus
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answered on Jul 18, 2023

In general, advertisements are considered invitations to make an offer, not binding contracts themselves. However, there are exceptions and legal principles to consider. In Nevada, if the ad includes the VIN number and all the car details, it might be seen as a specific offer rather than a mere... View More

1 Answer | Asked in Employment Law and Business Law for Nevada on
Q: Hello I have a real estate business. I am looking to hire my first employee to answer calls and do admin work.

If I pay them either $13.25 per hour or $15 per hour. Am I required to pay them overtime of $19 per Hour and $22 per hour. Over 40 hours. My company is based in Nevada. I only have 1 employee and myself.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

Generally yes. Federal law requires that hourly-paid employees be paid overtime, at a rate of one-and-one-half times their regular rate of pay, for all hours worked over 40 in a workweek. If your business does less than $500,000 gross in business per year, however, you may be exempt from federal... View More

1 Answer | Asked in Gov & Administrative Law and Business Law for Nevada on
Q: If I will be serving alcohol in my resto, can non-servers (bussers, kitchen staff) be below 21 years old?

I have a restaurant and I will be serving alcohol soon. I understand that servers or anyone who will be handling the liquor (like bartenders) should be of legal age. How about non-servers like bussers, kitchen staff, and chefs? Do they need to be of legal age? Or can they be below 21 as long as... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Typical lawyer answer: IT DEPENDS. You said the "bussers, kitchen staff and chefs" Are they handling alcohol in the performance of their duties- handling alcohol to be served to customers, not used in food preparation? Many dishes call for alcohol to be added: Bananas Foster, Cherries... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Nevada on
Q: Purchase of a food trailer that failed inspection after I was given the go ahead to build by my states Health Dept.

I was given approval by my health department for a food trailer build. After completion and inspection it was failed by the same health inspector who had given me the ok to build. I have taken the manufacturer to court and lost due to me signing the contract to build. Who is at fault?

Jennifer Setters
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answered on Aug 12, 2024

I'm sorry to hear about the difficulties you've encountered with your food trailer. In situations like this, determining who is at fault can be complex, as it involves multiple parties and the specifics of contracts, approvals, and inspections.

Potential Factors to Consider:...
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1 Answer | Asked in Business Law, Contracts and Government Contracts for Nevada on
Q: Best way to find business attorney for contracts

Looking for highly rated fantastic business attorney to draft agreements between myself and investor. It includes elements of real estate and also casinos in NV

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Los Angeles or Nevada attorney could advise best, but your question remains open for two weeks. Attorneys here can't respond to you with offers of their services. The format here is limited to quick Q & A. You could search attorneys on your own, and supplement your searches with the... View More

3 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Nevada on
Q: My company wants to change my contract, do they have to give me written notice that they are changing it?

I have been working at my company for over 6 months and now they are trying to cut my pay in half, and even more than that and expecting me to take on more responsibility. And say I have till Monday to sign it or I cant come back to work. Is this legal? Can they do this with no prior notice???

Julie King
Julie King
answered on Feb 7, 2022

Employees are either “at will” or they have a contract. At will employees can quit when they want and the company can fire or layoff an employee when it wants, so long as the termination isn’t due to discrimination, retaliation or another illegal reason. It sounds like you are an employee... View More

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1 Answer | Asked in Personal Injury, Business Law, Gaming and Small Claims for Nevada on
Q: My hand was smashed extremely hard between two glass doors at a casino entrance. What's the right way to handle this?

Is there a liability on the casino I should be addressing since this may be an issue on something they should look into.

Thirty days later and my hand is still soar. Nobody there seemed to be of concern. I asked to speak to someone about it and I was asked rather rudly if I needed a... View More

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2021

A Nevada attorney could advise best, but your question remains open for three weeks. I'm sorry for your accident and injuries. At this point, you could reach out to attorneys in your area to discuss in further detail. Most attorneys who handle injury cases offer free initial consults. Good luck

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

1 Answer | Asked in Banking, Business Formation, Business Law and Collections for Nevada on
Q: Is there a lawyer that can assist with a pay day loan / hard money loan startup?

Need help obtaining a 604a license and any other items needed for the startup

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2021

A Nevada attorney could assist best, but your question remains open for a month. Given the Q & A format of this board, it could be difficult for a law firm to come forth and offer their services like in an attorney referral site. At this point, you could reach out to attorneys. There's a... View More

2 Answers | Asked in Business Formation and Business Law for Nevada on
Q: Hello - I'm trying to find a document that states I have a DBA in Clark County - State of Nevada. Where should I look?

I've been using the name since I'm guessing 2013 or 2014.

Tiffany Ballenger Floyd
Tiffany Ballenger Floyd
answered on Feb 3, 2021

Hi There,

Here's a link to search for your DBA (aka FFN, Fictitious Firm Name), in Clark County, NV:

https://clerk.clarkcountynv.gov/AcclaimWeb/Fbn/SearchTypeFbnByName

Link to statutes:

https://www.leg.state.nv.us/nrs/NRS-602.html

Hope this helps point...
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1 Answer | Asked in Business Law for Nevada on
Q: Are rights of shareholders to speak at shareholders and board meetings protected under NRS78?

Shareholders have been denied to ask questions and/or speak at board meetings. We haven't experienced this before. Is it legal?

Maurice Mandel II
Maurice Mandel II
answered on Jul 29, 2020

You are asking about Nevada law to California Attorneys. That is like asking a Bird vet about Cats. Best if you post this in Nevada.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Business Law, Contracts and Employment Law for Nevada on
Q: Looking for help for breach of contract

I have worked as a remote independent contractor recruiter working in Texas for a staffing agency located in Las Vegas, Nevada. My compensation was not paid completely as agreed in the contract and the agency made me work other job that was not described in the contract. I was told by my other... View More

Kyle Anderson
Kyle Anderson
answered on Jul 15, 2020

Sometimes these contracts have a clause that determines the state in which an action may be brought for a breach. I would review your contract and see which state you would need to bring action in, then start reaching out to employment law attorneys in that state for a consultation and to discuss... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Nevada on
Q: Can my business partner change ownership percentage without my knowledge?

I have K1s stating my percentage ownership. Is K1s good enough to establish percentage of ownership?

Tri Minh Nguyen
Tri Minh Nguyen
answered on Apr 13, 2020

Good question. Usually, a business partner can't change your ownership percentage in a partnership or company without your permission or unless you have given the partner some sort of right to do so. There are tax implications associated with that change (especially if you are in a... View More

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