Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?
answered on Mar 11, 2023
One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... Read more »
If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company
The... Read more »
answered on Dec 22, 2022
This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.
If it is being made for value from... Read more »
Do stock transfers then have to be recorded on the shareholder ledger?
What if some of the original stock certificates have been lost?
Do company officers have to sign off on the transaction?
answered on Dec 19, 2022
Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... Read more »
I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?
Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... Read more »
answered on Nov 29, 2022
The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... Read more »
answered on Jun 21, 2022
Yes you can. Use the Find a Lawyer tab to retain a local attorney to advise you of the proper action your company should take to authorize leasing from you, and also to draft a lease. There might also be income tax issues, so talk to your business tax advisor.
We previously worked for a Chicago-based Marketing Agencies developing websites. We're wondering now if we can display those websites in our portfolio legally. There was no written agreement with the agency. We're worried about getting sued if the agency sees those websites in our... Read more »
answered on Apr 26, 2022
If there was no written agreement with those agencies, then you retain the copyright in the materials that you created for them. They have the right to use the websites, but you actually own the copyright. Use the Find a Lawyer tab to retain a local intellectual property attorney to review the... Read more »
They think I am running a business that has been defunct for 9 years. I produced evidence that this was not the case and proof I made them aware of this years ago. I sent this to the tax office, Attorney General and the courts. They were dragging their feet so I contacted Ohio Senate and got them... Read more »
answered on May 25, 2023
Keep om writing to the authorities not less often then every three weeks. Explain everything, in detail. Do not give up. Eventually you will indeed get their attention and they will respond in a correct positive manner. Don't give up!
DAVID OSTROVE
Attorney at Law
6157 Wooster Ave
L.A., CA 90056
Will this hold me liable or admit fault and leave me open to being sued at a later date even though I am not admitting fault
answered on Apr 5, 2023
You have a low likelihood of being deemed to have admitted fault by giving a refund. Businesses give refunds for things for unhappy customers all the time.
They are a BWC drug free workplace but I was 10-99 and not even an employee. I never took a pre or post drug test. Is this legal?
answered on Mar 16, 2023
Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.
While under contract for sale, pipes froze and burst causing extensive damage (we had already relocated so it was not caught immediately.) The buyer went through with the sale but at a $25k reduction in price. Can I ask my home insurance company to compensate me for this loss in value?
answered on Dec 30, 2022
Whoever owned the home at the time of the damage turns in a claim to their insurance company.
His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.
answered on Sep 19, 2022
Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.
answered on Apr 8, 2022
No, not unless you want it to be.
Your LLC is a company, and it can have (pretty much) any name you want it to have. I say "pretty much" because your company has to have a name that is different enough from other companies that it will not cause confusion. Your brand name and... Read more »
There was a employee group chat started that included every employee except for me, where I was the topic of conversation and only negative things that were very defaming were said by two of my employees and even my general manager chimed in. When I brought this to my district managers attention... Read more »
answered on Mar 9, 2022
That's probably something you should first discuss with the company HR department. If you are being harassed, then you might have a claim against the company if it fails to act. So in that case, use the Find a Lawyer tab to talk to a local employment law attorney.
Not sure what needs done to continue on with the business as myself as sole owner. My partner is my sister.
answered on Feb 9, 2022
The executor or administrator of the estate of your deceased partner will have to list the partnership interest as an asset of the decedent's estate and distribute it according to the decedent's will, or if no will, then as provided by Ohio law for those without a will. Use the Find a... Read more »
This is a 16 year business with a formed LLC. I would like to continue my LLC in a completely different type of business, but not if it leaves me open to future lawsuits pertaining to the business that I'm ending. Would it benefit me to end my current LLC and form a new LLC for my new venture?
answered on Jan 26, 2022
It depends on many factors, the nature of business, the type of business liability insurance, etc. Use the Find a Lawyer tab to retain a local business attorney who can review all the facts and circumstances and advise you of your options.
answered on Dec 31, 2021
If you can't work out a payment plan, then you will have to sue him and/or his company, depending on which was the borrower. You can sue in common pleas court, and you will need an attorney. Use the Find a Lawyer tab to retain a local litigation attorney. But he could file bankruptcy or the... Read more »
Example if I have a window cleaning business. And I hire another company to do the actual work.
answered on Dec 20, 2021
Yes, this is commonly done in many businesses including web-development, construction, various service businesses, and software development. The only exception would be if you sign a contract with the customer stating you will do all the work or that you represent you "will not"... Read more »
My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?
answered on Nov 1, 2021
Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.
Can I use school mascots and names? What about poems or popular quotes? If a person is on a local sports team (non professional, such as Little League), can I include their name in the puzzle? I have purchased my images from a website and have created templates, but if I want to personalize the... Read more »
answered on Jul 29, 2021
To a certain extent, it's going to depend on each item. Look for things that are in the public domain or attribution free. Otherwise you need to get authorization and/or pay to use trademarked or copyrighted materials.
She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »
answered on Jul 19, 2021
If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »
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