North Carolina Business Law Questions & Answers

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
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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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Q: We have a signed contract to buy a property from an LLC (from Florida) but the LLC is inactive. is this possible in NC?

1 Answer | Asked in Business Law and Real Estate Law for North Carolina on
Answered on Jun 5, 2017

Technically, the LLC is not authorized to conduct business but it may be that they are dissolving so they do not wish to continue operations. While the company is dissolving the company may carry on by closing up the business, this would include selling off assets. In addition, an unauthorized company can generally remedy this and it becomes retroactive. To protect yourself, I would have both the LLC and its individual members sign off on any transfer or you should obtain something from the...
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Q: Could I have a website and provide a service to users that allows for uploading screenshots from video games for profit?

1 Answer | Asked in Copyright, Business Law, Entertainment / Sports and Internet Law for North Carolina on
Answered on May 18, 2017

If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you to the users posting any copyrighted content.

Posting screenshots of software, websites, and video games, is generally copyright infringement. Editing these screenshots may mean users are creating...
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Q: If the same person is listed as a registered agent and incorporator of an organization, does this mean he/she owns it?

1 Answer | Asked in Contracts and Business Law for North Carolina on
Answered on May 9, 2017

No. Neither an incorporator nor a registered agent have to have any ownership or title affiliation with an organization. Incorporator and registered agents are often third parties, such as attorneys or companies that are set up to act as registered agents.
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Q: Can I sue my brother for my share in a business that I solely founded and later had oral agreement for him to run

1 Answer | Asked in Business Law and Contracts for North Carolina on
Answered on Apr 10, 2017

Possibly, but this is a complicated matter and you will need to sit down with an experienced lawyer and go through all of the detail. It is possible you may have a breach of contract claim. However, some time has passed and you may have lost claims by waiting to pursue this.
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Q: NC. Is there a % limit to deposits for materials in Cost Plus building contract ?

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Answered on Mar 28, 2017

There is no limit by law, but it should be a negotiated sum between the homeowner and contractor. Generally, deposits should be limited to around 10% of the contract price, but this also depends on the remaining pay schedule. Contractors typically ask for deposits for material costs. However, if the deposit is a greater figure this may be a red flag that the contractor is not adequately capitalized or doesn't have access to credit for purchasing materials.
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Q: Are there any rights a consumer or business owner has if you've signed a confession of judgment

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Answered on Feb 28, 2017

If you aren't in compliance with the agreement you made with the creditor then the creditor can file the confession of judgment.They and the clerk are not required to give you any notice, unless you have a written payment agreement which requires the notice. You'll need to contact the creditor to ask for more time to pay.
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Q: Complicated case about an unnotarised business contract.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Answered on Feb 27, 2017

You need to contact an attorney immediately to discuss your case.Once more facts are learned, the attorney may be able to take steps to stop actions on the other party's part. A contract of this type does not have to be notarized to be valid. If you are not in default of the contract, they cannot repossess the property. In addition, even if you are late, they may not have the right to repossess the business. There are additional requirements. Contact an attorney now.
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Q: I have a now employee who quit and left his tools and Toolbox at my business. What can I do with his property?

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Answered on Feb 23, 2017

I would send a written notice to the employee to pick up the tools by a certain date. Not knowing the timing here, a full answer is not possible. If you have the employee's address, you could deliver. There is not set time frame on this, but after a reasonable time, I would argue that they have been abandoned and you could dispose of the tools.
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Q: What licenses are needed to open a Hookah lounge establishment that serves alcohol?

1 Answer | Asked in Business Law for North Carolina on
Answered on Feb 20, 2017

At the very least, you will need a license issued by the ABC Board for alcohol sales. There are different levels of licenses depending on your alcohol needs. Additionally, you will need business licenses. The licenses vary by county. Its best to consult with an attorney to discuss your specific business needs to get a complete answer.
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Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for North Carolina on
Answered on Feb 15, 2017

If an employer is relying on the tip credit privilege to meet their minimum wage obligations, then the employer for itself cannot take an employees' tips.
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Q: I am starting a food trailer buisness and my investor decided to back out before we signed a contract but he gave me

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

It depends on the terms of your agreement, whether written or oral. The money was paid and used for the intended purpose, so no doubt you have a contract. What was your agreement with respect to the money? To pay back after a certain time frame or when the business reached a certain point? If there was no agreement, generally the legal answer is within a reasonable time. There is no set number of days, etc.
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Q: Should I get a llc for my small etsy store and blog for the protection?

1 Answer | Asked in Business Law for North Carolina on
Answered on Jan 24, 2017

Forming an LLC or other business form can offer protection to individuals and individual assets should a claim be made against a company. Based on your information, I am not sure what the size of claims against you could possible be for small charms. Nonetheless, you could consult with an accountant for the tax consequences to you and also attorney for the most appropriate form for your business.
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Q: I'd like to ask the seller of the business I'm purchasing not to compete with me for a specified period of time

1 Answer | Asked in Business Law for North Carolina on
Answered on Jan 18, 2017

Yes. The non-competition clause must be contained in a written contract and there are other terms that must be included. You should discuss this with an attorney.
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Q: Who owns the inventory in a business...the person who bought the inventory or the person who owns the building?

1 Answer | Asked in Business Law for North Carolina on
Answered on Nov 29, 2016

The lease speaks only to the interest in the real property, not to ownership of the business or the business assets. Without reviewing the actual documents, a full answer could not be provided. However, based on the information provided, the inventory belongs to the business, which in turn belongs to the business owners. Unless an agreement was reached that gave the aunt some ownership in the business (which may have been part of the agreement), the inventory likely belongs to your grandpa.
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Q: I was employed as a subcontractor broker with a real estate agency. If I leave them does the agency own my prospects?

1 Answer | Asked in Business Law and Real Estate Law for North Carolina on
Answered on Oct 28, 2016

Based on this information alone, I would say no. However, an attorney will need to review the whole contract to determine if that is the appropriate answer and to fully advise you. It is well worth your time to pay the minimal amount for advice from an attorney on this. The agency's response seems to come from a different clause in the contract than the one cited in your question.
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Q: Small, residential prog. Parents signed contract and pd. Nonref.deposit and 1st month. 2nd mth, kid left. Suing for $

1 Answer | Asked in Business Law, Civil Litigation and Contracts for North Carolina on
Answered on Oct 10, 2016

The question you ask is not clear from the above. If you wish to have the advice of an attorney, you can use this site to locate an attorney in your area and meet to discuss the details of your case. If you have been served with a summons and complaint, you have 30 days to file a response with the court. The advice of attorney is strongly suggested.
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Q: In NC, signed private employer document stating I will pay back travel costs for training if i resign within 90 days

1 Answer | Asked in Employment Law and Business Law for North Carolina on
Answered on Oct 7, 2016

Without more information and knowing the exact terms of the contract, yes, you are responsible. You signed a contract agreeing to be responsible. Unless there was a breach of that contract by the employer which would potentially relieve you of your obligations to perform, it is likely a valid contract. It does not need to be notarized or signed by an attorney.
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