Pennsylvania Business Law Questions & Answers

Q: I am evolved in a civil case with my ex-business partner over fiduciary responsibility. The case began in 2012 ….1

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Jul 18, 2018
Peter Munsing's answer
you can try a non-pros; ask for a scheduling conference to set timelines would make the most sense as it sounds like you are not doing this with a lawyer. Then make sure you have whatever you want out of him or her.
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Q: I am looking to buy a business but it’s a little complicated/need help drafting a binding contract of sort

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Answered on Jun 29, 2018
Nancy L Lanard's answer
When buying a business you should have legal representation who drafts an Asset Purchase Agreement and all of the accompanying documents. You should do the due diligence and check that there are no liens on the assets, etc.

I am happy to speak with you about your situation. I do not charge for an initial consultation.
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Q: Does New Jersey corporate law require shareholder approval before executing a stock reverse split?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Jun 22, 2018
Cary B. Hall's answer
You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.
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Q: I financed a Nissan Altima in 2016. The car was repossessed & sold in Nov of 2016 yet I am still paying car notes. Help?

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Bankruptcy for Pennsylvania on
Answered on May 17, 2018
Timothy Denison's answer
It is probably legal, yes. You need to have a local lawyer look into this for you, but even though you returned the car, you are still liable for the deficiency balance owed after the car is sold and the proceeds applied. You might look into whether the car was sold for more or less than the statutory balance required at a sale. If it was sold for less, you might be able to attack the sale and Forde them to resolve it.

Q: I had a NCA with a company that was purchased by another company. Do I still have an NCA?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Apr 16, 2018
Carrie A. Ward's answer
You should have an attorney review your NCA for the best guidance. There may be assignment clauses and the NCA obligations may extend beyond your employment (with either company). It would be wise to engage an attorney to receive solid advice.

Q: I owned an MC and Website Hosting Company. Someone else is saying they made my company. Help

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Apr 13, 2018
Carrie A. Ward's answer
You need to retained experienced Pennsylvania counsel to assist you with this. What is this third party claiming? Do they have an attorney involved? You need experienced counsel to protect your business.

Q: Board members of a company are banning another board member(equal owner) from company meetings and votes.

2 Answers | Asked in Contracts, Real Estate Law, Business Formation and Business Law for Pennsylvania on
Answered on Apr 4, 2018
Carrie A. Ward's answer
A review of the company's governing documents is necessary. You should engage experienced PA counsel to review the documents, analyze the facts of the situation, and to provide further guidance, which may or may not include litigation based on the specific facts of the situation.

Q: I was driving my company’s car and it was a state of emergency My car slipped and now my company is trying make me pay

1 Answer | Asked in Business Law and Car Accidents for Pennsylvania on
Answered on Mar 13, 2018
Peter Munsing's answer
First they can go to their policy. Second, depends on the situation as to car damage. As to you damage, covered by workers comp.

Q: Pennsylvania: Indefinite (after Independent Contractor Agreement termination) solicit and/or compete clause enforcable?

1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Answered on Mar 5, 2018
Peter Munsing's answer
Depends on how the document is drawn up, what their "investment" in you was--if any. Can't be answered as is. I suggest you get a consultation from an attorney who is a member of the Pa. Assn for Justice and deals in employment issues,

Q: Can a company in PA change bonus payment structure after the close of the year, with no prior notice?

2 Answers | Asked in Business Law and Employment Law for Pennsylvania on
Answered on Feb 28, 2018
Carrie A. Ward's answer
It will probably be an issue for your company if they clearly state the bonus structure in your contract. You should review your contract carefully. If you do not have a contract, your company has the flexibility to change its bonus structure as it sees fit. However, it is a major public relations dilemma for them.

Q: How can I start & fund a business?

1 Answer | Asked in Banking, Business Formation and Business Law for Pennsylvania on
Answered on Dec 23, 2017
Nancy L Lanard's answer
Your question is way too broad to be answered in this forum. You should consult an experienced business attorney and accountant who can assist you figure out if you should operate as a corporation, limited liability company or a sole proprietorship. Additionally, the attorney would need an understanding of your business and business goals.

As far as funding, there are many ways to fund a business, and those should also be explored with your professional advisors, such as your...

Q: Can a former employer continue to use marketing material I am in even though I am no longer an employee?

1 Answer | Asked in Employment Law and Business Law for Pennsylvania on
Answered on Dec 21, 2017
Salim U. Shaikh's answer
Marketing material so produced when you were in their employment is, per se, employer's property. You probably did not object to its initial use not they asked your permission when you were in their employment that tantamounts to your consent.

However, you may ask for royalty on usage of your name or picture in connection with their marketing.

Q: I bought a truck about a year half ago in pa. Truck has frame rot bought as is. The rot is at rear shackles an its bad

1 Answer | Asked in Business Law, Contracts and Small Claims for Pennsylvania on
Answered on Dec 15, 2017
Peter Munsing's answer
Generally you buy a used vehicle as is, unless the seller said the frame was good. You would have to show that it was something seller knew about and failed to tell you. If you want to do it, send him a request for refund of the payment, and you can then file in small claims for the area where he lives.

Q: My business partner has my money and will not put me on books or share profits

1 Answer | Asked in Business Law and Business Formation for Pennsylvania on
Answered on Dec 7, 2017
Peter Munsing's answer
Attorneys fees possible but unlikely. Focus on the rest. If you have that much at stake you need a partnership attorney. You need to retain one, get advice as to what you can do to secure the evidence --for instance on the computers--etc. If you are in eastern PA I can recommend someone to you.

Q: Can a bank back out of an already done deal on auto financing because i drive for lyft?

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for Pennsylvania on
Answered on Nov 13, 2017
Salim U. Shaikh's answer
Was there any post-condition that disallowed you for lyft. If not, then they have to return all your cost, fee, charges etc. that you accrue on obtaining this car loan.

Q: Can a nj lawyer write a legal position letter to a New York resident on behalf of a pa resident

1 Answer | Asked in Consumer Law and Business Law for Pennsylvania on
Answered on Nov 4, 2017
H. Scott Aalsberg Esq.'s answer
Yes as long as it is about NJ law the clients residence state is irrelevant.

Q: I own a small business and I am registered in NJ. We contract to locations in PA. Do I need to register biz there too?

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Answered on Oct 25, 2017
Peter Munsing's answer
If it's at daycare you may well have to. The daycare operator may want you to. You may need a Pennsylvania background check.

Q: Hello. I brought an age-discrimination suit pro sein the Phila. Court of Common Pleasin 2016 . The defendants were a

1 Answer | Asked in Consumer Law, Business Law, Insurance Bad Faith and Employment Law for Pennsylvania on
Answered on Oct 25, 2017
Peter Munsing's answer
No. They should help you by retracting the document. But it's not misrepresntation.

Q: Being threatened to be sued. Could he sue? He didn't follow through and he kept waiting on his contract being so e

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Pennsylvania on
Answered on Oct 13, 2017
Salim U. Shaikh's answer
Your given detail is not sufficient to respond specifically. However, your details makes your claim for breach of trust, breach of commitments, etc. causing damage to your fixed programme which damaged your reputation leading to physical and mental torture.

Your update on FB were not taken positively rather offering regrets he posted threatening voicemail to remove updates from your FB timeline.

Based on formal messages, his voicemail, your FB clips, and expected number of...

Q: I am closing my single-member LLC. What do I need to do from a tax standpoint if inventory assets are distributed to me?

1 Answer | Asked in Business Law and Tax Law for Pennsylvania on
Answered on Sep 1, 2017
Peter Munsing's answer
You need to hire a CPA if you haven't already. You may need to continue liability insurance depending on the nature of your llc.

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