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New Jersey Business Law Questions & Answers
1 Answer | Asked in Business Law for New Jersey on
Q: If I'm starting a small biz out of my home does it need to be a corporation?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 31, 2018

NO, you do not need to incorporate but it is generally a smart idea. You should setup a consultation with a lawyer to go over the many reasons why and how in the long run it can actually save you money.

1 Answer | Asked in Business Law for New Jersey on
Q: Who wrote statute 14-2 or 14-3 I am asking for a school project
Leonard R. Boyer
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answered on Oct 22, 2018

That is not what this forum is for. Do a Google search.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Q: Once dissolving a business if your suing a client and they send a check. Can you still cash the check?

The reason why we have dissolve is because they did not pay and we have no assets to go bankrupt.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2018

Best to ask the lawyer that helped you dissolve the business, unfortunately the answer can vary on who can deposit the check.

1 Answer | Asked in Business Law and Workers' Compensation for New Jersey on
Q: I own an LLC company in New Jersey. We were given permission to perform work for a property management company.

Once we submitted their invoice for payment, they told us the check was ready, but they wouldn’t release it without proof of workman’s comp insurance. Is this legal? They allowed us to perform the work before ever requesting proof of any type of insurance?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 26, 2018

Did you have a contract, did they have a contract? Anyway you are required to have workers compensation insurance by law. Sounds like you need to get yourself a good contract written by a lawyer.

1 Answer | Asked in Business Law and Business Formation for New Jersey on
Q: Registered LLC and co-founder question

The LLC was registered last May and I invited one of my friends to work together in September last year. Currently, I have 100% ownership. My friend wants to have 35% ownership. But based on his contribution, this percentage is too much high. We don't have any agreement in written so far. But... View More

Leonard R. Boyer
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answered on Sep 3, 2018

This is a prime example why people who want to set up a business need to retain an attorney to prevent problems, especially when you mix business and friendship. A one member LLC is useless. I would never set up less than a 3 member LLC for any client. The next thing you need to do is have your... View More

1 Answer | Asked in Business Law for New Jersey on
Q: Re New Jersey based non-profit: What is the recourse for a president and incorporator when the chairman and only other..

...incorporator violates the bylaws, deleted the president's email account (along with emails/history activity), takes control of the bank account (possibly closing it), prohibits the president from doing their job, basically violates the standard of care and fiduciary responsibility?

Leonard R. Boyer
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answered on Aug 26, 2018

The President would have to file suit against the Chairman and there is always the possibility of criminal charges. The non-profit may have to be dissolved and a new non-profit may have to be formed, to replace this one. It is an extremely complex situation. A personal consultation which would not... View More

1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: Must all business contracts be in writing to be enforceable?
Leonard R. Boyer
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answered on Aug 24, 2018

There is no reason why a business contract should not be completely in writing. Most contracts can be either written or oral and still be legally enforceable, but some agreements must be in writing in order to be binding. However, oral contracts are very difficult to enforce because there's no... View More

1 Answer | Asked in Criminal Law and Business Law for New Jersey on
Q: What can I do ?

I went to a pawnshop to see how much my coin collection is worth A man helped and gave me the price value I counted my coins before going to the shop I went home counted the coins again and a couple were missing And I found quarters in place of my coins I went back and told the man what happed the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 2, 2018

You could file a complaint at the municipal court for theft, but they will probably want more proof of the missing coins.

3 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Are we a true subsidiary? If not could we break away?

Our Japanese parent company, started this subsidiary back in the 80's. We purchase their products from them, pay them in full, and don't share the revenue from the deals that are made. That is the extent of the relationship. What really makes me question if we are a legitimate subsidiary... View More

Leonard R. Boyer
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answered on Jul 21, 2018

You need to have an in person consultation and extensive document review, to make that determination and to find out exactly what you can and cannot do. You need a law firm that has both civil litigation and intellectual property experience. Pick the best lawyer you can find and remember one rule:... View More

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1 Answer | Asked in Business Law and Tax Law for New Jersey on
Q: My business didn't make a profit last year. Do I still have to pay taxes?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 17, 2018

That is a question you have to ask your accountant after he/she sees and reviews your books, but even business that don't make money pay taxes in many cases.

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New Jersey on
Q: If the first of month falls on a Friday then grace period should be til the following Friday being Sat & Sun is weekend?
Leonard R. Boyer
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answered on Jun 27, 2018

You need to be far more specific about what you are talking about.

1 Answer | Asked in Banking, Business Law, Contracts and Employment Law for New Jersey on
Q: Hi. I work for a bank, and have to pre-clear with them if I want to buy stocks. Do I have to pre-clear for ETFs as well?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 6, 2018

More information is needed to specifically answer your question, but your best bet is to ask your employer and get it in writing.

1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: I am an 1/3 rdowner of professional LLC . I signed a 3 year buyout with the other two remaining

Partners to exit the LLC on June 2 of 2018. I noticed an error in the wording of a key clause leaving it to misinterpretation and to my disadvantage .Can I cancel it by email so that we can sign a more clear agreement next business day ie June 4 of 2018?

Leonard R. Boyer
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answered on Jun 3, 2018

You need to have an in person consultation with an experienced business litigation attorney. Contracts can never be cancelled by e-mail in NJ and probably not even in in CA. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Would my landlord make me personally responsible for breaking a commercial lease under an LLC?

I currently own a LLC in NJ. I signed up for a 5 year lease, I'm almost at the 3 year mark, however the business is doing very bad and I'm running out of funds. I registered the LLC as a single member, my landlord did not request a personal guarantee with my lease, and the tenants name in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 1, 2018

It would be unwise for a lawyer to give you an opinion on a document without reading the whole document. I suggest you take your document to a lawyer to be reviewed for the answer you need.

1 Answer | Asked in Business Law for New Jersey on
Q: If my place of business doesn't have a wheelchair ramp, am I as the business owner required to build one? Or is the

property owner I'm leasing from on the hook?

Leonard R. Boyer
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answered on May 30, 2018

That would depend on your lease, which would have to be reviewed by an attorney.

1 Answer | Asked in Employment Law, Antitrust, Banking and Business Law for New Jersey on
Q: I was just curious if it is illegal to let someone look at your check and compare it to theirs
Leonard R. Boyer
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answered on May 19, 2018

How could that possibly be against the law?

2 Answers | Asked in Business Law and Business Formation for New Jersey on
Q: Do I need to hire an attorney to draft my new business's articles of formation or can I do it myself?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 11, 2018

Yes, you should hire a lawyer to make sure that they appropriate for you type of business otherwise you may have a problem in the future.

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1 Answer | Asked in Construction Law, Contracts, Business Formation and Business Law for New Jersey on
Q: My brother & I formed a site construction co. 3 yrs. ago, It was agreed that my name would not be listed as an owner

The agreement stipulated that the company would pay my back taxes of about $20000 in the first 6 months of operation at which time I would be listed as an owner.

I solely run the daily operations of this company,all clients were brought with me into this agreement.. In return for investing,... View More

Leonard R. Boyer
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answered on Apr 29, 2018

You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not... View More

2 Answers | Asked in Consumer Law, Criminal Law and Business Law for New Jersey on
Q: NJ: is it fraudulent for an employee of a non-profit org. to use the resources of the org.to operate for -profit biz?

Worst answer ever. Totally useless. Did I do something to be awarded with such a dismissive answer?

Aren’t you going to try to redeem yourself?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 26, 2018

The answer is maybe a lawyer would need to know all the facts before giving an opinion and they will probably charge you for that.

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2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: What are the state & federal rules & regulations for a residential cleaning business in NJ?
Leonard R. Boyer
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answered on Apr 21, 2018

No one on this forum, is going to do the research for free to answer your question. This will require a paid legal consultation with an experienced business attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally... View More

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