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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law and Employment Law for Ohio on
Q: My wife works for a salon. She is an employee of the company and she doesn't rent a chair. Her salary is commisson

Her employer charges her service charges for every service she provides. Can she wrote those service charges off on her taxes. Her employer said they don't want their employees to do that, however, I don't believe they can do that. Thoughts?

Joseph Jaap
Joseph Jaap
answered on Feb 7, 2017

If you don't get any responses here on Justia, talk to your tax preparer or a business tax accountant. They would be familiar with these IRS rules for employees.

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for Ohio on
Q: Transferring ownership of single member LLC from father to son in Ohio, what needs to be done for this to happen?

Family business been around since 1998, became a single member LLC in Ohio in 2013 (though a disregarded entity/sole proprietorship to the federal government). We're looking to transfer ownership from fathers name to sons. Outside of getting account (banking, insurance, etc) setup in new... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 1, 2017

The IRS assigns EINs to the legal entity, not individual member(s). As a single-member LLC, a sales agreement transferring your LLC shares (membership units) to your son should be sufficient. You should ensure as due diligence that the company's contracts with vendors, customers, etc., are all... View More

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1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Can our warehouse supplier refuse to ship our orders because of past due invoices.

We are offering a payment plan. If he still refuses, we will go out of business. If so, do we have legal recourse.

Joseph Jaap
Joseph Jaap
answered on Jan 12, 2017

It would depend on any contracts between you and the supplier and the payment terms. If you have violated payment terms by not paying on time, then you would be in breach of the contract, and the supplier could then suspend or terminate further deliveries, and would likely not be liable if that... View More

1 Answer | Asked in Business Law and Employment Law for Ohio on
Q: Are non profit childrens sports programs required to conduct background checks on coaches? Ohio here.

State of ohio, youth cheerleading coaching. Not directly associated with a school, as it is an outside program and group. States they are non profit and therefor not required.

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2016

Different associations might impose requirements on their member groups for background checks, like scouts. But the state does not generally require them. If you have a concern, talk to the leaders of the organization.

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: Can i withhold getting a final inspection on a project for a customer that has failed to pay on previous projects?

I am an electrical contractor in Columbus, Ohio. We have done work for a hotel here local. On project one (room renovation), the hotel is currently in litigation with the general contractor we were working under. We had nothing wrong with our scope of work, but because technically all payments go... View More

Joseph Jaap
Joseph Jaap
answered on Dec 21, 2016

To preserve your mechanics lien rights under Ohio law, you should be obtaining a Notice of Commencement from the project owner on each job and timely sending a Notice of Furnishing to be able to claim mechanic's lien rights. Then if you aren't paid, you should be filing a Mechanic's... View More

1 Answer | Asked in Consumer Law and Business Law for Ohio on
Q: I would like to know if it is illegal to break a company's terms of sale agreement regarding reselling merchandise

Dell's TOS states:

Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and... View More

Matthew Williams
Matthew Williams
answered on Aug 2, 2016

It is illegal to create accounts in other people's names, yes. That should be obvious enough.

1 Answer | Asked in Business Law, Contracts and Elder Law for Ohio on
Q: I live in Ohio and submitted a home fence project for bids. A company in Indiana won the bid.

I sent them a check in the amount of $5500 as payment in full. That was about two months ago. They have not yet contacted me regarding installation. I have called them twice with poor results. As far as I know they have not cashed my check, but the $$$$ is tied up. They do not return my calls.... View More

Matthew Williams
Matthew Williams
answered on Jun 28, 2016

At this point, it may be best to engage an attorney to contact them and get the check returned so you can hire another company. Alternatively, you could file a lawsuit for breach of contract and conversion, or call the police. Many police departments have begun treating these got the money and... View More

1 Answer | Asked in Business Law for Ohio on
Q: How can I find out if a company out of state really exists?
Matthew Williams
Matthew Williams
answered on Jun 16, 2016

The secretary of state's website generally has a search feature allowing you to find out whether a company is registered in that state as a corporation, and who registered it. However, the minimal requirements for registering a corporation, can make it difficult to determine how real a... View More

1 Answer | Asked in Business Law for Ohio on
Q: I filed an LLC in Ohio, two other general members don't work on it. Do I need to change to a Sole proprietorship?

Do I need to file a dissolution or just take them off the company filing? Or file a new sole proprietorship?

Matthew Williams
Matthew Williams
answered on Jan 13, 2016

If they will agree to the change in membership you can just keep the LLC with you as the sole member. Would they oppose such a thing?

1 Answer | Asked in Business Law for Ohio on
Q: I am trying to dissolve a 50/50 partnership. Do I have to pay half of debt ($3,250)if my total contribution is $5200?

Hello,

So my business partner and I are 50/50 owners from Fall 2014 to Now(Dec 5th 2015).

We informally agreed to end the business, to which know he denies. In the first 3 months of start up I contributed about 4200 vs his 100.00. As of today, contributions are my 5170 vs his 782.... View More

Matthew Williams
Matthew Williams
answered on Dec 5, 2015

A lot more information is needed to answer your question. How much work was/is being done by each of you? What is the value of the work? Does the business have any assets, cash, or inventory? Are some of those things either he or you contributed? What is their value? What debts were paid for with... View More

1 Answer | Asked in Business Law for Ohio on
Q: Can a partnership just throw the other out?

My partner just changed locks and passwords after his wife said I can do better and after I spent thousands of hours building the place and getting people involved

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2015

No, of course not. I suggest you consult with an attorney licensed to practice law in your jurisdiction.

1 Answer | Asked in Business Law for Ohio on
Q: As a 501(c)(3) entity in Ohio, do I need a licensed auctioneer to hold a charity live auction?
Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

A local business lawyer familiar with non-profits can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Business Law for Ohio on
Q: My family owns a bar and we have a neighbor next door who harasses our customers business went bad 30% in 6 months

Have they broken any laws? Can I sue

Matthew Williams
Matthew Williams
answered on Jul 9, 2015

Start by reporting this person's behavior to the police. Perhaps their involvement will cause this person to go away. You may be able to sue for the damage to your business, but it could be difficult to prove the down turn was caused by this person's behavior. Also, you can sue a person... View More

1 Answer | Asked in Business Law for Ohio on
Q: What do I have to do to get a new business permit? an already excesting building but new business.
Brandi N Buchenau
Brandi N Buchenau
answered on Aug 31, 2011

I'm not sure if this is what you mean, but to form a new business entity you will need to file the proper paperwork (for corporation, LLC, etc.) with the secretary of state. An attorney can advise you as to which entity would best fit your business.

1 Answer | Asked in Business Law for Ohio on
Q: We do I find the charter, liscense or registration NO to file my 521?
Brandi N Buchenau
Brandi N Buchenau
answered on Aug 31, 2011

Go to the Ohio secretary of state website and search "business filings" by business name. The registration number will come up.

1 Answer | Asked in Business Law for Ohio on
Q: My lone partner just quit. I want to continue the business. Do I dissolve the partnership and incorporate?

E-learning business in start-up phase.

Brandi N Buchenau
Brandi N Buchenau
answered on Aug 31, 2011

More details are needed. Do you have a partnership agreement? Where you registered with the secretary of state?

1 Answer | Asked in Business Law for Ohio on
Q: Where can I find the definition of a Sales Contract under Ohio law?
Brandi N Buchenau
Brandi N Buchenau
answered on Aug 24, 2011

Subsection 11 of the Uniform Commercial Code as adopted in Ohio:

http://codes.ohio.gov/orc/1302.01

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