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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Insurance Defense for Ohio on
Q: House was damaged while under contract and lost value in sale, can home insurance company be held liable?

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?

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2022

Whoever owned the home at the time of the damage turns in a claim to their insurance company.

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

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 »

Nicholas P. Weiss
Nicholas P. Weiss
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...
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1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

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?

Joseph Jaap
Joseph Jaap
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 »

1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

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 »

Matthew Williams
Matthew Williams
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 »

1 Answer | Asked in Family Law and Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

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.

Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Business Law for Ohio on
Q: If I own a company, and own a piece of property. Can I lease my property to my own company???
Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Copyright, Business Law and Internet Law for Ohio on
Q: Legality of showing websites we've built for marketing agencies in our portfolio?

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 »

Joseph Jaap
Joseph Jaap
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 »

1 Answer | Asked in Business Law for Ohio on
Q: If I have an LLC and I want to start a clothing brand. Does my brand logo have to be the same name as the LLC
Matthew Morris
Matthew Morris
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 »

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Do I have a lawsuit if other employees at my job are harassing, intimidating, and bullying me with no consequences

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 »

Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Business Law for Ohio on
Q: My business partner passed away and we have no partner agreement. We are an S Corp how do I move forward?

Not sure what needs done to continue on with the business as myself as sole owner. My partner is my sister.

Joseph Jaap
Joseph Jaap
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 »

1 Answer | Asked in Business Law for Ohio on
Q: I have decided to discontinue my business. If I end my LLC, would it prevent a future lawsuit against me personally?

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?

Joseph Jaap
Joseph Jaap
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.

2 Answers | Asked in Business Law for Ohio on
Q: I loaned a friend $75,000 to start up his business. We signed a contract and he has missed two payments
Joseph Jaap
Joseph Jaap
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 »

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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Can I start a business. That hires another business to do the work?

Example if I have a window cleaning business. And I hire another company to do the actual work.

Joseph B. LaRocco
Joseph B. LaRocco
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 »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Ohio on
Q: My wife owned a cemetery plot and passed without a will. Does it go to me?

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?

Aaron Epling
Aaron Epling
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.

1 Answer | Asked in Business Law for Ohio on
Q: I am starting my own personalized puzzle business and am not sure about what images I can include in my puzzles.

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 »

Andrew Popp
Andrew Popp
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.

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

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 »

Joseph Jaap
Joseph Jaap
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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1 Answer | Asked in Business Law and Collections for Ohio on
Q: My friend got a debt collection letter to appear in court.

Can a debt collection agency sue if they don't have my friend SSN and the report doesn't appear on her credit report. i told her to ignore it I think its a scheme tactic but she is worried?

Joel Allen Holt
Joel Allen Holt
answered on Jul 7, 2021

The question is a bit vague, but generally speaking, the debt collector (or the party owed the debt) can file a lawsuit if they have proof that the debt is valid, outstanding, and binding on your friend. They don't need a SSN to file the suit and the debt does not have to appear on the credit... Read more »

2 Answers | Asked in Business Law for Ohio on
Q: Must I have a 'Business Account' at a bank for my Single-Owner-LLC...or could I set-up a separate 'Personal Account'?

(That way I will make sure NOT to co-mingle the Business and Personal monies, eh?)

Neil Klingshirn
Neil Klingshirn
answered on Jul 1, 2021

There is no law requiring you to establish separate business and personal accounts for your business and personal finances. Nonetheless, you should do so for the reason you cite, to avoid co-mingling. You should also obtain or dedicate a single credit/debit card for business purchases. Finally, set... Read more »

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1 Answer | Asked in Banking, Probate, Business Law and Estate Planning for Ohio on
Q: Mark&Mary were together for years had a child. Marks parents pass small business down to them in marys name cuz he owes

Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.

Andrew Popp
Andrew Popp
answered on Jun 15, 2021

Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... Read more »

1 Answer | Asked in Personal Injury, Business Formation and Business Law for Ohio on
Q: Stayed in hotel room stay was refunded due to bug receipt was given 0 owed days later charged due to no bug

Pics was shown as soon as incident pics was sent to email from front desk. Of bed bug

Matthew Williams
Matthew Williams
answered on May 19, 2021

Dispute the charge with your bank as unauthorized, which it sounds like it was.

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