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Oregon Business Law Questions & Answers
1 Answer | Asked in Business Law for Oregon on
Q: corporation law. Small corp C Who is supposed to schedule the annual meetings?

Have a secretary in place for 16 years and has done zero for the company. also 50% shareholder.

Jim Boness
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answered on Jan 30, 2024

First, the governance of corporations is dictated by Oregon statute, however, the corporations' bylaws, which can and often do override default rules for many things, would be the first place to look when attempting to answer this question. As stated in ORS § 60.061 and ORS § 65.061, bylaws... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Oregon on
Q: Do I need a license to sell fermented Sodas made in a home kitchen? Do I need to use a commercial kitchen?

My friend and I want to start a business in the state of Oregon. We want to make and sell fermented sodas. Do fermented sodas (which use a process similar to kombucha) fall under “low acid canned goods”? Can we sell the product we make at home or do we have to use a commercial space to make them?

James L. Arrasmith
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answered on Dec 26, 2023

In Oregon, starting a business that involves the production and sale of fermented sodas does require attention to certain legal and health regulations. The classification of fermented sodas, especially if they are similar to kombucha, may not fall under the category of “low acid canned goods,”... View More

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Legal Malpractice for Oregon on
Q: What can you do if you get a court-appointed lawyer that has a controversial history involving theft and fraud?

Their wife stole money from clients while working at the same firm and he tried getting rid of his clients, but wasn't investigated himself for some reason. Additionally, his past with his clients has been the court case being dismissed as he practically abandoned his clients' cases

James L. Arrasmith
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answered on Oct 15, 2023

If you've been assigned a court-appointed lawyer with a controversial history involving theft, fraud, or professional misconduct, it's essential to address your concerns promptly to ensure your legal rights are protected. Here are steps you can take:

Raise Concerns with the Court:...
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1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Oregon on
Q: The state of Oregon suspended my personal commercial fishing license.my boat license and my commercial limited entry cra

Crab permit.now I can't even work my own business. Have someone else run my business,or get a job in my industry.bills are piling up.i state won't allow me unemployment or any assistance. I'm about to loose my family business of 51 years

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2023

Your question might be beyond the scope of this Q & A forum - that could be why it remained open for three weeks. I'm sorry for your difficult position with the loss of the license. This is a very narrow area of law; there are attorneys out there who handle commercial fishing license... View More

1 Answer | Asked in Business Law for Oregon on
Q: How would one go about buying the rights to a product or line of products that have been previously discontinued?
Tim Akpinar
Tim Akpinar
answered on Feb 18, 2023

An Oregon attorney could advise best, but your question remains open for four weeks. A starting point might be to contact the company that was the last one to manufacture or distribute the product. If they are no longer in business, it could take some research, either on your own or with the... View More

1 Answer | Asked in Personal Injury and Business Law for Oregon on
Q: Are single LLC owners personally liable for damages from there employees, managers and or members actions in Oregon?

For 11 months the Property Manager where I. Own my trailer has commited vacarious acts towards my person, my company property and my company income along with many other actions

Jina Ly Clark
Jina Ly Clark
answered on Oct 26, 2022

Assuming that the LLC is set up properly, you wouldn't be able to go after the owner's personal assets such as their personal home. However, the LLC is responsible for it's employees under the doctrine of Respondeat Superior. The owner of the property is responsible for the manager... View More

1 Answer | Asked in Consumer Law and Business Law for Oregon on
Q: where can i ask an attorney, for free, a question about the legality of an authorized payment being misapplied

My payment was applied to a whole different despite the Company's representative telling me I would receive a refund by the 19th of December placed back on my SSDI payment card

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. You could ask here, but it looks like your question wasn't picked up. Some questions here go unanswered, but if you wanted to try reposting, there's a section - "Social Security." Attorneys who... View More

1 Answer | Asked in Business Law and Copyright for Oregon on
Q: Can I use pictures from royalty free image websites on Business Products such as Tshirts or Greeting cards?

There are quite a few websites online that have "Royalty free/Copyright free" Images for you to use for commercial purposes with your business. I'm looking to use some of the images for a small business that will produce stickers, Tshirts, Greeting cards etc. Although these websites... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2023

The problem with websites like that are that often times the images are uploaded by users and they just say they are copyright free. I would suggest going with a more reputible source that licenses them so you potentially have recourse if someone claim copyright infringment against you.

1 Answer | Asked in Business Law for Oregon on
Q: Does a lawyer have to draw up the sale agreement in the sale of a sole proprietorship?

Selling at a very low price/loss so can't afford lawyer/attorney fees to draw up a contract. I don't mind drawing it up myself but I want to make sure it would be legal to do so.

Jim Boness
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answered on Apr 15, 2022

To answer your question, yes, you certainly can draft your own sales agreement. However, it would be more advisable to have counsel prepare one if you can. The money spent on counsel may be tax deductible.

Notwithstanding, as you indicate you have a sole proprietorship, what you are...
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1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Business Law for Oregon on
Q: Is it legal for one 50% shareholder in a corporation to sell off all of the assets without letting the other know

One owner sold all of the assets without letting the president who is the other 50% shareholder know anything about. The company has basically closed but has outstanding debt.

Emily Sarah Hill
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Emily Sarah Hill
answered on Aug 17, 2021

The asset sale is seemingly unauthorized under ORS 60. The corporation's Bylaws would also likely prohibit the action as described.

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Oregon on
Q: We were never asked to buy the property we have been renting for almost 2 years ...

We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2021

Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... View More

1 Answer | Asked in Business Law, Products Liability and Trademark for Oregon on
Q: Is the word “Witcher” by itself trademarked/copyrighted? Can I use the word to name a business?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 25, 2021

Maybe, it depends

You need to consult with an attorney to review your case and see what risks and options you have

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

1 Answer | Asked in Contracts, Business Law, Health Care Law and Medical Malpractice for Oregon on
Q: What are my legal rights if a failed dental implant is redone by another dentist or oral surgeon?

A dentist performed a dental implant on me that failed. So they are offering me the option of either a full refund for the failed implant or having an oral surgeon remove the implant and redo it. They are asking me to sign a letter stating which option I choose. For the second option, which I want... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2020

An Oregon attorney could advise best, but your questions remain open for two weeks. As a GENERAL matter, it could be difficult for any attorney to offer an advisory opinion here, because sometimes the enforceability of any agreement cannot be guaranteed or precluded until it goes before a judge, or... View More

1 Answer | Asked in Consumer Law, Business Law and Communications Law for Oregon on
Q: Can I Sue a car dealership for sending me fake scratch offs in the mail
Tim Akpinar
Tim Akpinar
answered on Aug 17, 2020

An Oregon attorney could answer best, but your question remains open for two weeks. As a general matter, probably not. It sounds like a promotional effort and nothing more - no deception and no obligation to offer genuine tickets. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... View More

1 Answer | Asked in Contracts, Business Law and Libel & Slander for Oregon on
Q: When a landlord wishes to sell and the realtor uses your name, plus claims you have no lease ?

Oregon commercial lease and a landlord wishing to sell your building and the realtor goes door to door claiming your closing and have no lease when you do. And the evidence was shown to be true and they had 3 law firms try a manmade default what would the law of limitations be time wise and how... View More

Gabriel A Watson
Gabriel A Watson
answered on May 16, 2020

It will depend on specifics but you could have a number of different claims against the different parties you refer to.

Begin by looking at the terms contained in your lease--or if you do not have a lease there will be other rules that apply depending on the nature of your relationship with...
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2 Answers | Asked in Bankruptcy, Banking and Business Law for Oregon on
Q: small business, been forced to close, got a business line of credit, with personal guarantee to help, what if fails

If the business ends up failing and I have to file Bankruptcy will this new line of credit be able to be included in BK?

Timothy Denison
Timothy Denison
answered on Apr 22, 2020

Yes.

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