There are three members in the LLC, of which no one ever signed the operating agreement. It was formed to handle business for a podcast. One member left the podcast has left, and he wants to keep the LLC since he paid for the legal fees associated with the formation of the business. The two other... Read more »
Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be... Read more »
Transfer my single member llc to my son ?
The issue depends on your operating agreement.
You're asking about media in which the owner can assert certain intellectual property rights. This does involve all the categories you correctly listed, but if you reposted in the Copyright Law category, the attorneys there could probably offer the most meaningful insight. Good luck
Tim Akpinar
It's an important right provided by the First Amendment and corporations can also enjoy those rights. It is not an absolute right. There are limitations, such as fighting words, defamation, obscenity, false advertising, and others. Good luck
Tim Akpinar
Contract terms state that the the violating party will handle lawyers expenses. Invoices have been sent regularly but the violatiing company does not respond. My company is register in MN but prefer the case to be handled in NY because the company is present in NY with multiple engagements/... Read more »
Not really that novel a case. You can sue. Stated account claims are simple. Not sure if there are defenses. It is an hourly fee. Collection is always an issue, but if you do nothing, you get nothing, and that is the worst case scenario.
This a family LP between a Parent as the GP and 2 siblings as LP's. Can the parent and 1 of siblings file a Cert. of Cancellation without telling the the remaining LP sibling.
It is governed by the partnership agreement. It depends also on the percentage of ownership of each.
This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).
First, the contract will have terms. Second, if you are in the right, you may have to sue.
Where would i make the claim? The insurance was purchased online along with travel package through groupon
You won't be able to make the claim in small claims court in NY. The Defendant must reside, work or have a business address within the five western towns of Suffolk County. You'd have to bring the claim in county court, which will be considerably more expensive and may be cost... Read more »
I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.
If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.
Tim Akpinar
My contract calls for weekly compensation and commissions but they are ignoring my written requests for past due weekly compensation, expense reimbursements and commissions. I am in possession of their goods used as samples
Yes. It is called a setoff.
We are asking because we are getting married next may and want a guarantee that if they go bankrupt that we will not lose the many thousands of dollars that we would have made in down payments so we offered to set up an escrow account (which should have been totally fine) but the venue response... Read more »
There are no guarantees here. Wedding venues do not have escrow accounts for deposits like a lawyer or real estate owner.
What is your question?
Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »
I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?
Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.
Additionally, since you sell online through credit cards, access to shopping... Read more »
There is a patent under the name of myself, as well as the company
It is pretty standard for an employee of a company that gets a patent on work related work to cede ownership to the employer. This matter will be governed entirely by the agreement you signed. Thus, what rights you have needs to be determined in a review of the agreement.
For example: the producer (A and Co) of a chair calls it "Destiny Chair" The third party site selling the chair puts it up on its site under and entirely different name i.e. "Rhodes Chair". This can prevent competition because if i were to look up the name "Rhodes... Read more »
You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... Read more »
We are both on the title and the bank.
I want to end the agreement.
I want the 5 years of $ I invested.
Would it be possible to use the equity as payment or buyout or both?
Yes you can use the property in a buyout. You would need to basically sell the property to your mother, and she would get a new mortgage in her own name. It would be like a regular deal.
My Dad is in MI, and is the owner of a trucking LLC. The authority though is out of Service. Since he already has the LLC and he is open to me brokering freight under the business name, I figured it would eliminate a step for me forming a new LLC. Doing some research on that however is creating... Read more »
If you want to operate a foreign (out of state) LLC in New York you need to domesticate (register) it in New York. Many of the same requirements apply to registering foreign LLC's in New York as they do to forming new ones. Whether it is wise to take over his LLC is dependent on too many... Read more »
did my due diligence before purchased and called diesel laptops (the manufacturer of the laptop) to confirm everything was okay on it.
i call to update the software and pay and they tell me i have $1400 of outstanding debt i owe on it. They ended up putting collections on me and now they... Read more »
It could depend on the how the agreement was drafted, and whether the laptop company's rights survive the trucking company's (now insolvent, it appears) assignment of those rights and duties to a third party, you as the assignee. It would be difficult for an attorney to offer meaningful... Read more »
Hello, I am looking to start a home business in NYC. I researched and it seems to be possible under the Multiple Dwelling Law, due to the creative nature of the business (a home recording studio for music producers). It will take up less than 25% of my home and only one person will be in at a time.... Read more »
This is a relatively in-depth question that would need some research and additional details from you. You would need to check building rules, bylaws, zoning, multiple dwelling law compliance (if applicable), rent regulatory rules (if applicable) etc. Most likely though it is not permitted if you... Read more »
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