North Carolina Business Law Questions & Answers
Q: My partner and i want to introduce new paint in usa. Question is if it needs to be subjected to any standardized test
Gregory Andrews Cade's answer
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...
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...
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?
Paige Kurtz's answer
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...
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...
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
Answered on May 18, 2017
Will Blackton's answer
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...
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...
Q: If the same person is listed as a registered agent and incorporator of an organization, does this mean he/she owns it?
Paige Kurtz's answer
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.
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.
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
Paige Kurtz's answer
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.
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.
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
Answered on Mar 28, 2017
Paige Kurtz's answer
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.
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.
Q: Are there any rights a consumer or business owner has if you've signed a confession of judgment
Paige Kurtz's answer
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.
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.
Q: Complicated case about an unnotarised business contract.
Paige Kurtz's answer
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.
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.
Q: I have a now employee who quit and left his tools and Toolbox at my business. What can I do with his property?
Paige Kurtz's answer
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.
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.
Q: What licenses are needed to open a Hookah lounge establishment that serves alcohol?
Paige Kurtz's answer
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.
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.
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
Answered on Feb 15, 2017
Beatriz Adriana Sosa-Morris' answer
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.
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.
Q: I am starting a food trailer buisness and my investor decided to back out before we signed a contract but he gave me
Paige Kurtz's answer
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.
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.
Q: Should I get a llc for my small etsy store and blog for the protection?
Paige Kurtz's answer
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.
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.
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
Paige Kurtz's answer
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.
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.
Q: Who owns the inventory in a business...the person who bought the inventory or the person who owns the building?
Paige Kurtz's answer
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.
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.
Q: I was employed as a subcontractor broker with a real estate agency. If I leave them does the agency own my prospects?
Paige Kurtz's answer
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.
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.
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
Answered on Oct 10, 2016
Paige Kurtz's answer
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.
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.
Q: In NC, signed private employer document stating I will pay back travel costs for training if i resign within 90 days
Paige Kurtz's answer
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.
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.
Q: Can a corporation cease operations if it has outstanding debt?
Paige Kurtz's answer
Yes. Corporations can generally cease operations at any time, depending on the corporate documents. The business will go through the winding down process in which debts are paid and company business is brought to a close.
Yes. Corporations can generally cease operations at any time, depending on the corporate documents. The business will go through the winding down process in which debts are paid and company business is brought to a close.
Q: If a business receives an overpayment on an account from a customer, are they legally obliged to notify the customer?
Paige Kurtz's answer
The answer to this question depends on the terms and conditions of your credit account agreement. Most account agreements would allow application to an outstanding balance. However, if payments are made with a specific designation as to how they should be applied, it is questionable especially without contract authorization. If your contract allows you to apply to other outstanding invoices or to hold as an open unapplied credit, then that would be ok. Otherwise, it should be refunded to the...
The answer to this question depends on the terms and conditions of your credit account agreement. Most account agreements would allow application to an outstanding balance. However, if payments are made with a specific designation as to how they should be applied, it is questionable especially without contract authorization. If your contract allows you to apply to other outstanding invoices or to hold as an open unapplied credit, then that would be ok. Otherwise, it should be refunded to the...
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