This week she went to the bank and embezzled all the money in the account. What recourse do I have?
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... View More
Can my boss call the General Contractor and tell him not to award me any bids?
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
What would be the "location of meeting" for a board meeting minutes if all board members held the meeting via teleconference from their home?
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... View More
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.
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 ?
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,... View More
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?
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... View More
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... View More
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... View More
Am i liable to a demotion or punishment within the company.
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.
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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:... View More
I am writing a follow up question. I work as an independent contractor and the company I contract for says disclosing informagion to others is a breach of contract. They say that having children present is disclosing information. They claim that by having children (my 18 month old) in the... View More
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... View More
What is our recourse in determining if funds are being used for personal use by the sole financial manager. If true, how do we determine if this is embezzlement and what is the best course of action to rectify.
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... View More
I sold majority interest. Major partner now making major decisions without me Decisions could affect my equity value
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... View More
I live in North Carolina and work in retail. My employers refuse to pay for any kind of trash service and demand that their employees take company trash as well as personal trash home with them to dump in their own garbage. Can they do this? And is it even legal to run a business without any kind... View More
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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