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North Carolina Business Law Questions & Answers
1 Answer | Asked in Banking, Business Law, Contracts and Collections for North Carolina on
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).

My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.

1- At the same time, my gf & her ex-husband jointly owned a different property.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 23, 2018

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... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant for North Carolina on
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (

Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... Read more »

Timothy Denison
Timothy Denison answered on Apr 23, 2018

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.

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1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

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... Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: how can you preclude acceptance to just the terms of the offer?
Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

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.

1 Answer | Asked in Business Law for North Carolina on
Q: I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.

This week she went to the bank and embezzled all the money in the account. What recourse do I have?

Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

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...
Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?

Can my boss call the General Contractor and tell him not to award me any bids?

Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

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... Read more »

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: I am starting multiple companies at the same time. Do I need to incorporate each or can the be held as subsides ?
Paige Kurtz
Paige Kurtz answered on Mar 1, 2018

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.

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Q: Resigned from job, returned equipment and was given incorrect address, the job wants me to pay again for their mistake.

I resigned from my job and returned their equipment. I fulfilled my obligation and was given the incorrect mailing address (zip code). I called several times with the carrier to correct the mistake and I also informed the manager with a screenshot of the info I was given. They apologized for giving... Read more »

Kirk Angel
Kirk Angel answered on Feb 20, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant, Probate, Business Law and Estate Planning for North Carolina on
Q: Do I have rights to my dead father's storage building, if someone else is on the lease?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 31, 2018

If you mean a rental storage unit then you may have rights to the contents if they were his and left to you in a will or otherwise inherited. If you mean it was his storage building but is currently leased to someone, then you would have to negotiate with the leaseholder or wait until the lease... Read more »

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: Business contract

We bought a house in june, went directly to a roofing company to have a new metal installed. We paid a deposit of $8700 and went into contract stating the remainder would be paid in payments. He verbally told us it would be done by July 4th. It's now almost February and the job still... Read more »

Paige Kurtz
Paige Kurtz answered on Jan 26, 2018

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... Read more »

1 Answer | Asked in Business Law for North Carolina on
Q: How would we document the "location of the meeting" if all board members participate by conference call?

What would be the "location of meeting" for a board meeting minutes if all board members held the meeting via teleconference from their home?

Will Blackton
Will Blackton answered on Jan 2, 2018

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...
Read more »

1 Answer | Asked in Real Estate Law and Business Law for North Carolina on
Q: Can a North Carolina HOA borrow money without the consent of affected homeowners/lot owners?
Cameron Lambe
Cameron Lambe 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.

1 Answer | Asked in International Law, Business Law and Contracts for North Carolina on
Q: I have designed a shoe I'd like to have manufactured mass production Italy. Which contraction is most appropriate ?

I have heard 'Product Development Agreement' 'Manufacturing Contract' 'Supply Contract'. Which is most neccesary and should I have an Italian speaking lawyer draft it in italian ?

Will Blackton
Will Blackton 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,... Read more »

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: If a corporation is sued by an individual from another state, can the court hearings be held in the state where corporat

The corporation is in NC and the individual is in MO who filed the claim. The corporation received a summons to appear in court in MO. Shouldn't the case be filed in NC?

Paige Kurtz
Paige Kurtz 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... Read more »

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for North Carolina on
Q: The landlord for my business is refusing to provide me with a signed copy of my lease unless I pay him money. Legal?

We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... Read more »

Paige Kurtz
Paige Kurtz 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... Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: if i informed by one of my partner that i breached contract. Although the allegations happened before signing a contract

Am i liable to a demotion or punishment within the company.

Paige Kurtz
Paige Kurtz 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.

1 Answer | Asked in Business Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: My LLC signed lease assumption (NC). Previous owner stayed as guarantor. What personal liability do i carry for lease?

I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... Read more »

Paige Kurtz
Paige Kurtz 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... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina on
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?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

Cameron Lambe
Cameron Lambe 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... Read more »

1 Answer | Asked in Business Law and Criminal Law for North Carolina on
Q: "Is running a fraudulent business a crime? Can I report to district attorney, FBI or IRS?

If a home builder has a string of records not to pay sub contractors for their work after received payment from the home owner and causing home owner to get lien on their properties, is this a fraudulent business practice? The same business move money between accounts to avoid judgement, is this a... Read more »

Paige Kurtz
Paige Kurtz 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... Read more »

Q: Are there any stipulations on naming a real estate company in NC? (Planning on flipping and/or renting properties out)
Will Blackton
Will Blackton 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:... Read more »

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