Partner buying out leaving partner wants to reduce buyout amount by leaving partners % of sba loan liability. Is this right? Nothing in partnership agreement and buyout terms mentions liabilities.
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answered on Sep 15, 2023
When a partner leaves an LLP that has taken out an SBA EIDL loan, the implications for the remaining partners can be influenced by several factors, including the terms of the partnership agreement and the loan documents. If the partnership agreement does not explicitly address the allocation of SBA... View More 
NJ State auditor concluded:
Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).
As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.
My Sub-contractor is an employee of your business entity. He must be on... View More
answered on Sep 14, 2023
Under New Jersey law, a worker is considered an employee unless an employer can satisfy all three of these criteria:
1. Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;... View More
NJ State auditor concluded:
Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).
As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.
My Sub-contractor is an employee of your business entity. He must be on... View More
answered on Sep 14, 2023
It sounds like the NJDOL determined that there was insufficient proof that the subcontractor was an independent business under the ABC test. This case will give you a good understanding of the legal issues https://www.njcourts.gov/system/files/court-opinions/2022/a_7_21.pdf
It may be... View More
I have 53 ft semi dry van trailer i already paid more than $42k including down payment on this trailer because of business down fall i can't keep up with payments any more because of too high payment which is $1650 per month as per signed lease now leasing company is sending me threatning text... View More
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answered on Jul 17, 2023
Clearly, this leasing company is in violation of the Federal Fair Debt Collection Practices Act and is engaging in harassment tactics. Personally, I would file a lawsuit against them and seek damages plus attempt to get a restraining order against them. Then I would have the leverage to negotiate a... View More
answered on Jun 1, 2023
There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More
Own a LLC in New Jersey that provides legal services, I am not an attorney so I want to contract out to a licenses New Jersey Attorney, but I am trying to figure if that is legal in this state.
answered on Apr 4, 2023
A noted US entrepreneur once said that the secret to getting rich is to "find a need and fill it".
All lawyers want and seek more business, so you've found a need.
Fill it? In every bankruptcy case, the attorney for the debtor must sign and file a statement that he... View More
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answered on Mar 25, 2023
NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More
Do I ask the accountant to sign the NDA also or just the potential buyers?
Thank you.
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answered on Mar 9, 2023
What you really need to do is have a non-disclosure, non-compete and non-circumvent agreement signed by anyone and you should not do any of this without an attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More
Do I ask the accountant to sign the NDA also or just the potential buyers?
Thank you.
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answered on Mar 9, 2023
First off, congratulations on the interest in your business.
It will depend on how the NDA is drafted. Typically, an NDA will contain language such as:
"The Receiving Party, including its agents, employees, representatives, members (collectively, the "Receiving... View More
Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.
There is written agreement between both parties. Agreement states that it will govern and... View More
answered on Jan 22, 2023
While your query indicates that the parties agreed that NJ law controls, the narrative does not indicate that venue is NJ nor does it state whether any disagreement is to be submitted to arbitration. Based on the limited information given, your claim has ripened and a complaint can be filed.
Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.
There is written agreement between both parties. Agreement states that it will govern and... View More
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answered on Jan 22, 2023
This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... View More
Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.
There is written agreement between both parties. Agreement states that it will governed and... View More
answered on Jan 20, 2023
The question as posed omits much important information. This includes whether or not there was a written agreement, whether or not one party is a licensed professional, whether or not the agreement was negotiated in NJ, and other issues that may become relevant.
answered on Jan 11, 2023
Yes, provided there is no noncancellation clause in the contract. However, the client will be responsible to pay for work done to date you received the cancellation notice which should be in writing . Additionally the client shall be responsible for reimbursement for actual expenses incurred.
A few weeks ago I posted here regarding reopening my divorce post judgement due to fraud. I indicated that I do not have the funds to hire an attorney and was seeking help pro bono. I realize the cost associated with the complexity of this case, and I am willing to help in any way that I can to... View More
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answered on Oct 25, 2022
Trying to represent yourself in a divorce or post-divorce matter is unwise since you are emotionally involved and not a trained attorney. There has to be a valid reason for reopening a divorce. This is going to be an expensive case and a hard burden to meet. People want to litigate very often,... View More
answered on Aug 19, 2022
First check the organic documents of the organization. See whether the documents set forth the methods of voting. If none, have the board of directors at a regular scheduled board meeting vote o a proposal to change the organic documents to permit voting by email. Request the members to send in... View More
Can they go after me personally?
Second question, what happens if I close down my LLC Business?
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answered on Jul 29, 2022
Closing down your business will not help you. Unless you have a 3 member LLC, the person suing you will be able to pierce the corporate veil and go after you personally. You need to retain an experienced civil litigation attorney. With modern technology, you can be represented by any high-quality... View More
I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!
answered on May 2, 2022
You can begin to understand the basic components of a contract here:
https://www.contractstandards.com/public#contracts
Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and... View More
Can I place my ATM Machines in New Jersey or do I need an LLC for Jersey as well?
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answered on Sep 22, 2023
In general, an LLC formed in New York can conduct business in New Jersey, but you would likely need to register your New York LLC as a "foreign LLC" in New Jersey to do so. This usually involves filing specific paperwork with the New Jersey Division of Revenue and Enterprise Services,... View More
I need to establish an employer-employee relationship by appointing two other directors. What is the procedure that makes the appointments legal and substantive?
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answered on Aug 11, 2023
That is determined by the corporate formation documents and the operating agreement, which no one here can know. So you need to retain an experienced corporate attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
Situation employee asks for receipt, customer refuses to show them, is it illegal for employee to prevent (grab the cart) only the merchandise not the customer from leaving the store. To me it makes no sense that an establishment can have 100 people come in fill their carts and head towards the... View More
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answered on Jul 13, 2023
Stores have the right to protect their merchandise and prevent theft. However, the specific actions that employees can take may be subject to certain limitations and regulations.
Also, preventing only the merchandise from leaving without detaining the customer themselves may not be... View More
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