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North Carolina Business Law Questions & Answers
1 Answer | Asked in Employment Law and Business Law for North Carolina on
Q: In NC, signed private employer document stating I will pay back travel costs for training if i resign within 90 days

I resigned due to the excessive hours I had to work that was not part of the agreement. No lawyer signed form I signed and document was not notorized. Am i still legally responsible for that travel cost for business?

Paige Kurtz
Paige Kurtz
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... View More

1 Answer | Asked in Business Law for North Carolina on
Q: Can a corporation cease operations if it has outstanding debt?
Paige Kurtz
Paige Kurtz
answered on Sep 9, 2016

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.

1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Q: If a business receives an overpayment on an account from a customer, are they legally obliged to notify the customer?

This is a business in North Carolina that has "store credit" accounts, and then is paid against those balances by its customers. Also, if such an overpayment exists (or if a credit from another circumstance, such as refund on store credit exists) on the account, is it illegal to apply... View More

Paige Kurtz
Paige Kurtz
answered on Aug 17, 2016

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... View More

1 Answer | Asked in Business Law and Immigration Law for North Carolina on
Q: I am researching for a novel. Can a Syrian living in America with temporary protection status own their own business?I

I realize that they (tps) are able to work but my character wants to open up a ballet academy of her own. Are there other states where this might be granted more readily than NC?

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 16, 2016

Yes, they most definitely can. In most states you just need a social security number. And you can get that with TPS. Good luck with your novel!

1 Answer | Asked in Business Formation, Business Law, Products Liability and Consumer Law for North Carolina on
Q: Do you need FDA approval to resell an imported Personal Lubricant product on Amazon?
Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2016

If you are packaging it from bulk for resale, probably. If you are just reselling a sealed package you have, I don't believe so but if you are a business why not contact your lawyer or insurance company.

1 Answer | Asked in Business Law, Contracts and Employment Law for North Carolina on
Q: Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?

Time frame is 2 years

Territory is 23 states

Employment referred to as "at-will"

Employee position is non-managerial

Nothing is being offered to sign

Nathan Hull
Nathan Hull
answered on Jul 1, 2016

Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory... View More

1 Answer | Asked in Intellectual Property, Business Law, Consumer Law and Internet Law for North Carolina on
Q: Can i be sued for selling MLM items online at Amazon/Ebay?

Hello,

My question is Products like Mary Kay, Shaklee, Amway, etc.. these products are sold by consultants, but many sell online. I do sell some online, not many, just enough for some extra money since my wife lost her job.

I received an email from one of those companies stating... View More

Nathan Hull
Nathan Hull
answered on Jul 1, 2016

Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very... View More

1 Answer | Asked in Estate Planning and Business Law for North Carolina on
Q: If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?

Hi,

If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?

What filing status can be declared (if any) to not make it disregarded entity?

Or, do I need to just create two Living Trusts so ensure it is not a disregarded entity?... View More

Nathan Hull
Nathan Hull
answered on Jul 1, 2016

My guess is that this arrangement is unnecessarily complex and you should discuss with a competent attorney in your state what your goals are with this arrangement. Generally LLCs are disregarded entities for taxes. You could elect to have the LLC taxed as a C-Corp if you wanted corporate... View More

1 Answer | Asked in Business Law for North Carolina on
Q: How do I find out if I can operate a small industrial business in my home in Wake County, NC

I live in a subdivision in Wake County NC, and I have a Electromagnetic testing lab. Can I operate this in my garage??

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 14, 2015

Ask the county or go see a local attorney.

1 Answer | Asked in Business Law for North Carolina on
Q: I have a company out of Florida contacting me wanting to purchase my business, they have made an offer through a offer

to purchase contract, need to know how to vet this group and know if they are legit?

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

You can hire a private investigator. If you sell, have a local business lawyer document the transaction for you.

1 Answer | Asked in Business Law for North Carolina on
Q: I need business advice

I sold some merchandise to a business, clothing which I buy from a wholesale manufacturer and then have there business logo imprinted on it from a different company. The order was paritialy filled a over a 8 weeks ago and the customer has received it. The remaining merchandise was on back order... View More

Nathan Hull
Nathan Hull
answered on Oct 23, 2014

The UCC covers this transaction and there is a strong possibility that the customer has the right to reject, or revoke acceptance of, the entire order. This all hinges on facts that are not apparent. The primary issue is whether the buyer agreed to accept the items in installments or otherwise... View More

1 Answer | Asked in Business Law for North Carolina on
Q: We are a family run business in Yancey County...new road is not allowing full access to our business. Can we change this
Nathan Hull
Nathan Hull
answered on Oct 23, 2014

More facts would have to be known to property answer this question. That being said, you may be entitled to an easement and road access if you have suddenly become landlocked due to changes in the roads.

1 Answer | Asked in Business Law for North Carolina on
Q: Requirements contracts signed by a minor, are they legal?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 12, 2013

You don't provide enough information about what type of contract you are referring to and what were the circumstances of the contract. Did the other party know they were dealing with a minor? Generally, the answer is no, a contract with a minor is not enforceable. However, if services or goods... View More

1 Answer | Asked in Business Law for North Carolina on
Q: We have posted conditions in our dry cleaner that state that we are not responsible for garments unclaimed after 30 days

Do the customers agree to this by using our services?

Charles Snyderman
Charles Snyderman
answered on Jan 27, 2013

No. In North Carolina, your posted conditions need to give the customer 90 days.

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