North Carolina Business Law Questions & Answers
Q: Can a bar or nightclub serving alcohol report over the mic the locations of all license checks occurring in the area?
Bill Powers' answer
Yes. The bar or nightclub is likely protected by the 1st Amendment of the United States Constitution.
BUT, that doesn't mean there couldn't be some other "comeuppance."
If the ABC permitted business provides that information, knowing it is over-serving its patrons or otherwise encouraging "drunk driving" in North Carolina (DWI or Driving While Impaired), they could be held financially liable under the NC Dram Shop laws.
FTR, you do NOT need to be "drunk" or "drunken...
Yes. The bar or nightclub is likely protected by the 1st Amendment of the United States Constitution.
BUT, that doesn't mean there couldn't be some other "comeuppance."
If the ABC permitted business provides that information, knowing it is over-serving its patrons or otherwise encouraging "drunk driving" in North Carolina (DWI or Driving While Impaired), they could be held financially liable under the NC Dram Shop laws.
FTR, you do NOT need to be "drunk" or "drunken...
Q: Is Verbal Agreement legal in North Carolina if the party passes away?
1 Answer
| Asked
in
Business Law, Consumer Law, Contracts and Family Law
for
North Carolina
on
Answered on May 31, 2018
Answered on May 31, 2018
Jake Andrew Snider's answer
Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real property law. Best of luck!
Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real property law. Best of luck!
Q: Onslow, NC. Insurance company had shop paint vehicle and backed out after claiming they told me they wouldnt.
1 Answer
| Asked
in
Business Law, Car Accidents, Civil Litigation and Insurance Bad Faith
for
North Carolina
on
Answered on May 14, 2018
Answered on May 14, 2018
Bill Powers' answer
That's clearly a sticky issue. Probably best to contact someone in management, advising them of your problems.
Maybe the shop can help works thing out, especially if the adjustor said they were covering the costs.
That's clearly a sticky issue. Probably best to contact someone in management, advising them of your problems.
Maybe the shop can help works thing out, especially if the adjustor said they were covering the costs.
Q: No contract with employer can he block me from doing business with a company after I leave his company?
Paige Kurtz's answer
Non-compete clauses are valid in North Carolina. However, they must be in writing and have other requirements. If you don't have a written non-compete clause, then there is no prohibition against competition.
Non-compete clauses are valid in North Carolina. However, they must be in writing and have other requirements. If you don't have a written non-compete clause, then there is no prohibition against competition.
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).
1 Answer
| Asked
in
Banking, Business Law, Consumer Law and Contracts
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Paige Kurtz's answer
It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to be for a legitimate business purpose and for the value of the asset. Since your questions are fairly detailed, you will need to discuss the transactions with an attorney for complete assistance.
It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to be for a legitimate business purpose and for the value of the asset. Since your questions are fairly detailed, you will need to discuss the transactions with an attorney for complete assistance.
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
2 Answers
| Asked
in
Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Timothy Denison's answer
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
Jake Andrew Snider's answer
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
Q: how can you preclude acceptance to just the terms of the offer?
Jake Andrew Snider's answer
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
Q: I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.
Jake Andrew Snider's answer
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as...
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as...
Q: If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?
Jake Andrew Snider's answer
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem.
Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem.
Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
Q: North Carolina non-compete agreement as a service technician?
1 Answer
| Asked
in
Business Law, Consumer Law, Contracts and Employment Law
for
North Carolina
on
Answered on Mar 23, 2018
Answered on Mar 23, 2018
Paige Kurtz's answer
Yes, non-competes are valid in North Carolina, but they are subject to certain restrictions. They are valid in all states except California. If you are concerned about its validity in North Carolina, have an attorney review the clause and advise you on any issues with it.
Yes, non-competes are valid in North Carolina, but they are subject to certain restrictions. They are valid in all states except California. If you are concerned about its validity in North Carolina, have an attorney review the clause and advise you on any issues with it.
Q: In North Carolina when entering a “Rent to Own” Contract , does the contract have to be notorized to be legally binding
1 Answer
| Asked
in
Business Law, Contracts and Real Estate Law
for
North Carolina
on
Answered on Mar 8, 2018
Answered on Mar 8, 2018
Salim U. Shaikh's answer
Yes, to be on the safe side contract document need to be notorized, confirming thereby that signatories have put their signature in his presence willingly.
Yes, to be on the safe side contract document need to be notorized, confirming thereby that signatories have put their signature in his presence willingly.
Q: I am starting multiple companies at the same time. Do I need to incorporate each or can the be held as subsides ?
1 Answer
| Asked
in
Business Formation and Business Law
for
North Carolina
on
Answered on Mar 1, 2018
Answered on Mar 1, 2018
Paige Kurtz's answer
It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.
It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.
Q: Resigned from job, returned equipment and was given incorrect address, the job wants me to pay again for their mistake.
Kirk Angel's answer
This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to your former managers or company contacts to discuss having the company pay for the second return.
This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to your former managers or company contacts to discuss having the company pay for the second return.
Q: Business contract
1 Answer
| Asked
in
Business Law, Contracts and Construction Law
for
North Carolina
on
Answered on Jan 26, 2018
Answered on Jan 26, 2018
Paige Kurtz's answer
Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the breach of contract. You should consult with a lawyer, because there are a many more questions here that a lawyer would need to ask to advise on whether it is work your time and money to pursue the...
Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the breach of contract. You should consult with a lawyer, because there are a many more questions here that a lawyer would need to ask to advise on whether it is work your time and money to pursue the...
Q: How would we document the "location of the meeting" if all board members participate by conference call?
1 Answer
| Asked
in
Business Formation and Business Law
for
North Carolina
on
Answered on Jan 2, 2018
Answered on Jan 2, 2018
Will Blackton's answer
It sounds like you're acting as a Secretary of a N.C. corporation and attempting to comply with Section 55-16-01 of the North Carolina General Statutes in keeping the minutes of all meetings of the board members.
I am unaware of a specific requirement under North Carolina to include the location of a meeting, although that information is commonly included in corporate minutes. If you're working to match a specific format that you've been using in the past, just ensure that what...
It sounds like you're acting as a Secretary of a N.C. corporation and attempting to comply with Section 55-16-01 of the North Carolina General Statutes in keeping the minutes of all meetings of the board members.
I am unaware of a specific requirement under North Carolina to include the location of a meeting, although that information is commonly included in corporate minutes. If you're working to match a specific format that you've been using in the past, just ensure that what...
Q: Can a North Carolina HOA borrow money without the consent of affected homeowners/lot owners?
Cameron Lambe's answer
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.
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.
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
Answered on Dec 8, 2017
Will Blackton's answer
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
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
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
Answered on Nov 13, 2017
Paige Kurtz's answer
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.
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.
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
Answered on Nov 8, 2017
Paige Kurtz's answer
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
