North Carolina Business Law Questions & Answers

Q: Can a North Carolina HOA borrow money without the consent of affected homeowners/lot owners?

1 Answer | Asked in Real Estate Law and Business Law for North Carolina on
Answered on Dec 12, 2017

Many powers and restrictions of an HOA are outlined in the governing documents of the HOA. Please consult your articles and bylaws and/or an attorney to determine if these rights are spelled out in them.
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Q: I have designed a shoe I'd like to have manufactured mass production Italy. Which contraction is most appropriate ?

1 Answer | Asked in International Law and Business Law for North Carolina on
Answered on Dec 8, 2017

The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law, then drafting it in Italian makes more sense.

Contact a North Carolina attorney for assistance drafting or reviewing your contemplated contract.B
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Q: If a corporation is sued by an individual from another state, can the court hearings be held in the state where corporat

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Answered on Nov 13, 2017

Its impossible to answer this question without additional information. Corporations are not entitled to have all actions filed against them to be filed in their home state. It will depend on the written contract, if there is one, the type of claim and other factual considerations. You should certainly consult with attorney to determine the best response, but do not ignore it.
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Q: The landlord for my business is refusing to provide me with a signed copy of my lease unless I pay him money. Legal?

1 Answer | Asked in Business Law and Landlord - Tenant for North Carolina on
Answered on Nov 8, 2017

No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it can't be assessed now.
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Q: if i informed by one of my partner that i breached contract. Although the allegations happened before signing a contract

1 Answer | Asked in Business Law and Contracts for North Carolina on
Answered on Oct 30, 2017

Unfortunately, there is not enough information in your question for an answer to be provided. It will depend on the facts of th issue and the written contract.
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Q: Can my landlord demand payment of an unsigned new lease agreement. If my current lease does not end untill the 14 oct?

1 Answer | Asked in Business Law and Landlord - Tenant for North Carolina on
Answered on Oct 8, 2017

Your physical possession did create a right on you to pay for it as agreed through a post-dated check. Rest of the matter is just formalization / documentation. Please note that you already agreed to increase in rent provided you opt to extend the lease and stay in that premises further. However, for new lease keep all options open for the future.

If you have further reservations as missed out in your query, may consult Attorney of local jurisdiction for specific advice.

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Q: My LLC signed lease assumption (NC). Previous owner stayed as guarantor. What personal liability do i carry for lease?

1 Answer | Asked in Business Law, Real Estate Law and Landlord - Tenant for North Carolina on
Answered on Oct 2, 2017

Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to follow corporation formalities. In your case, it sounds as if it may be unlikely, but that does not mean that a suit couldn't be filed attempting to hold you personally liable.
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Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate locally, as registering prevents another entity from using the same name, although it obviously does not prevent a sole-proprietor from using that name.
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Q: "Is running a fraudulent business a crime? Can I report to district attorney, FBI or IRS?

1 Answer | Asked in Business Law and Criminal Law for North Carolina on
Answered on Sep 13, 2017

You can certainly discuss this issue with a district attorney, but it is unlikely they will take any action. It is really a civil matter and can be pursued through a variety of causes of action to address the issues you describe. You may also consider contacting the Consumer Protection Division of the Attorney General's office and lodging your complaint there.
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Q: Breech of contract and recovery - 3 people $4,000 total 1 contractor

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Criminal Law for North Carolina on
Answered on Sep 11, 2017

Since your suit likely involves the same transaction, events, and facts, you are permitted to join all of you as plaintiffs in the action.
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Q: I have an signed agreement to refund me $20,000 from a company but it is past due and they did not pay.

2 Answers | Asked in Business Law, Contracts, Collections and Consumer Law for North Carolina on
Answered on Sep 4, 2017

Although you could represent yourself, hiring an attorney with experience in contracts and collections would be helpful considering the amount of money at stake. An attorney will be able to assist you to help ensure that you obtain proper service, file the right action, and follow the proper execution procedures once you have the judgment.
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Q: Are there any stipulations on naming a real estate company in NC? (Planning on flipping and/or renting properties out)

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Real Estate Law for North Carolina on
Answered on Sep 4, 2017

I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example: "123 Main Street LLC"

Are there any restrictions on naming LLCs in North Carolina? Yes, a few:

The name of a limited liability company must contain the words "limited liability company" or...
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Q: What is considered disclosing information?

1 Answer | Asked in Contracts and Business Law for North Carolina on
Answered on Aug 25, 2017

I have a story about a boy who never grew up. My question is: Is Tinker Bell a fairy or magical child? The question can't really be answered without reading the book. Similarly, it's unlikely that an attorney is going to be able to offer you any substantive advice about a contract without first reviewing the contract.

Use the Justia Find a Lawyer function to find an attorney in NC who specializes in contract or employment matters.
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Q: I have been banned from a local animal shelter after reporting a dog dying in her kennel. is that legal?

1 Answer | Asked in Criminal Law, Animal / Dog Law, Business Law and Civil Rights for North Carolina on
Answered on Aug 25, 2017

Private businesses can ban anyone from their premises, so long as the ban isn't discriminatory and contrary to federal or state law. Something like, "No [race of people] allowed" would be illegal. Almost anything else, however, is permissible.
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Q: I am a member of a North Carolina LLC. One of seven members. Five of us think our funds are being embezzled.

1 Answer | Asked in Business Law for North Carolina on
Answered on Aug 22, 2017

Members of an LLC have a right to inspect the books and records of the company upon request, subject to certain restrictions that may be included in the operating agreement or articles of organization. You should consult your operating agreement and articles to determine whether either restricts your ability to obtain any of this information, and if so, to what extent. In fact, as a member or manager of the LLC, you likely have a duty to investigate and stop any embezzlement that is taking...
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Q: I now own 16.667% of a company I started 20 years s ago. Do I still have a say as to how it is run?

1 Answer | Asked in Business Law for North Carolina on
Answered on Aug 22, 2017

The percentage ownership does not necessarily determine what management rights you have. The bylaws and/or articles of the company/partnership/corporation should spell out what the ownership and management rights and duties of each person are. If you have a copy of the bylaws or articles, there should be a clause discussing these rights. If you do not have a copy, you should have a right to request one for inspection. And if there are no bylaws/articles or the bylaws and articles are...
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Q: Can my employers force me to take trash home? Is it legal not to have trash pickup at a place of business?

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Answered on Aug 18, 2017

No one can force you to do anything you do not want. However, the employer can fire you if you do not.
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Q: Can A Lawyer loose his job for threatening me and my mama

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for North Carolina on
Answered on Jul 22, 2017

Sure, if his boss wants to fire him for that.
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Q: I have been denied the purchase of fastpitch softball bats by the manufacturer. My question is can they do this?

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Intellectual Property for North Carolina on
Answered on Jul 5, 2017

Probably, yes, as long as the manufacturer is not doing it on the basis of discrimination (i.e. if you are what is called a protected class). Maybe try using a third party intermediary to purchase the bats for you (such as a lawyer, who may be able to structure the deal to protect your identity as the client from the manufacturer, or any authorized retailer).

Good luck!

Griffin Klema

https://klemalaw.com
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Q: My partner and i want to introduce new paint in usa. Question is if it needs to be subjected to any standardized test

1 Answer | Asked in Business Law and Environmental for North Carolina on
Answered on Jun 11, 2017

Section 5 of Toxic Substances Control Act (TSCA) mandates anyone who plans to manufacture or import a new chemical substance for a non-exempt commercial purpose to provide the Environmental Protection Agency (EPA) with prior notice. This pre-manufacture notice, or PMN, must be submitted at least 90 days prior to the manufacture or import of the chemical. Manufacturers and importers must also comply with other TSCA regulations that may impose certain reporting and testing requirements and...
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