Pennsylvania Business Law Questions & Answers

Q: Is it legal to sell CBD oil online or in the state of PA?

1 Answer | Asked in Business Law, Products Liability, Agricultural Law and Criminal Law for Pennsylvania on
Answered on Mar 29, 2017

Not unless you are licensed to sell it as a medicinal product which is unusual as they haven't set up licensing yet. Even then, it's possible that US could prosecute you. You could expect visits from the FBI. You really need to get with an attorney before doing anything like this. Use that attorney at each step of the way. Guess wrong and you could be on a traficking charge. State AND federal even!
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Q: I am a small business owner and I have franchises business.I don't have any employee, do I need WC insurance?

1 Answer | Asked in Business Law and Workers' Compensation for Pennsylvania on
Answered on Feb 28, 2017

It is possible that this charge is to provide the franchiser with coverage in case you are injured and attempt to pursue a workers' compensation claim against them. You would really have to review your franchise agreement and potentially talk to the franchiser's office to determine why you are being charged that fee.
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Q: Is a PA State Farm Agency marital property?

1 Answer | Asked in Divorce and Business Law for Pennsylvania on
Answered on Feb 21, 2017

How is the agency set up? Is it an LLC? A sole proprietorship? Have you requested and received the documents that demonstrate what his relationship is with State Farm and how his agency "operates?" You need to contact a divorce attorney who can discuss this issue with you further; this is a potentially very complicated issue, and you shouldn't waive any rights until you have receive adequate disclosure and explanation.
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Q: My husband has a sole proprietor business. He customizes shirts for a non profit ball league. Am I able to sit on board?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Feb 8, 2017

Yes as long as you have disclosed that.
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Q: Do we by law have to reimburse thitd party company who erroneously paid our taxes?

1 Answer | Asked in Business Law, Small Claims and Tax Law for Pennsylvania on
Answered on Feb 8, 2017

Depends who they are. There are two theories--one is called "unjust enrichment" and the other is called "volunteer"

See if a friendly local attorney will look at the documents and figure out your legal responsibilities. Morally, most would say clearly they didn't intend to gift you the money, you yourself were surprised and delighted but didn't expect it, so you were unjustly enriched. But maybe I'm missing something so chat with someone locally who can look at the document.
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Q: Commercial tenant breach of lease-

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Pennsylvania on
Answered on Dec 2, 2016

Unless the lease indicates that the landlord's application to change the use of the premises causes a default or termination of the lease (which is unlikely), it is doubtful that a court would hold that the tenant is not responsible for the remainder of the lease merely because of the landlord's application to the Township for a different use of the property. Landlord could have been looking at its options several months before the end of the lease with the tenant.

As with every...
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Q: Is a deceased tenant's estate responsible for 90 days rent because for failure to give a 90 days notice due to death?

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Probate for Pennsylvania on
Answered on Nov 13, 2016

If the estate is insolvent, your question is likely academic because there are no assets to fight over. You, as Executor, have no personal liability for estate debts in the absence of mismanagement.

With respect to the underlying question itself, the landlord may be correct that your sister's death does not automatically end the lease contract. However, if the ultimate answer is important to you, you should review the lease with a lawyer.
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Q: I'm wondering if it is legal to be told I can't be hired due to a re-hire policy one company that has now split into two

1 Answer | Asked in Employment Law, Business Formation and Business Law for Pennsylvania on
Answered on Sep 21, 2016

The policy as a whole sounds very strange. However generally an employer can only be held responsible if they don't hire you because of race,gender, religion, ethnicity etc. Consult a member of the Pa.

Assn for Justice who handles employment issues--they give free consultations.
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Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Sep 19, 2016

The non-profit statute requires that there be a board of directors. If they are the first incorporators all must sign the Articles of Incorporation.. They must be named at the end. The first bylaws should also be signed by the incorporators as they are acting as board members.

Best thing is to contact the Secretary of State's office which probably has a guide.

http://www.dos.pa.gov/BusinessCharities/Charities/RegistrationForms/Pages/default.aspx#.VIB25iROmUk k

Here's...
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Q: Can a gym membership be cancelled?

1 Answer | Asked in Contracts, Business Law and Consumer Law for Pennsylvania on
Answered on Sep 18, 2016

Should be. File a complaint with the attorney general's office of consumer protection.
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Q: How do I legally get out of a equipment lease ? They want me to pay full lease agreement.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Answered on Aug 23, 2016

Offer to buy it? You really want to speak with an attorney who handles these issues. Try www.naca.net or a commercial transactions atttorney who handles small business issues.
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Q: Can a company obligate its employees to work past paid hours, cite it as voluteer work, and terminate them if they don't

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Answered on Aug 16, 2016

If they are paid overtime it's not a wage hour violation. If only paid for 37.5 it is a wage hour violation and you should consult an attorney who handles those cases.
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Q: I am a limited liability partner in an LLC. The general partner and both limited liability partners secured a loan for

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Aug 7, 2016

I assume it's not a minimal loan, so it's time to invest by getting a consultation with an attorney who handles partnership issues.

If you are in the Philadelphia area I can give you the name of some.
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Q: Do I have the legal right to obtain my name back? .

1 Answer | Asked in Business Law and Family Law for Pennsylvania on
Answered on Feb 6, 2016

Talk to a local business or intellectual property lawyer asap.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with...

Q: Is it illegal to transfer your company into another individuals name if you believe you are going to be sued?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Oct 13, 2015

You must go to see a local attorney about whether this is a fraudulent conveyance in your state.

Q: in Pennsylvania may i physically remove a customer screaming and hollering in the store after i ask them to leave

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Aug 28, 2015

A local lawyer can advise, but in most situations it is better to call the police.

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 situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult...

Q: I'm a legal partner a partnershiphow can i put my name on partnership bank account without other partner be cause he

1 Answer | Asked in Business Law for Pennsylvania on
Answered on May 29, 2015

You'll need to ask the bank what they require. It sounds as though your business partnership is having problems. You may consider consulting with a local business lawyer about your options.

Q: I am buying all the shares of a Pennsylvania corporation. Assets include real estate and a going concern.

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Apr 27, 2015

You should be consulting with a lawyer. If you do, you will likely be advised to have what you refer to as a "real estate closing." Clearly, the title needs to be searched and you would be best advised to have a new, or updated, policy of title insurance. Is the property free and clear or is there a mortgage? If there is a mortgage, will you be refinancing or trying to take over the existing mortgage? A lawyer will check to see if the mortgage is assignable, as the sale of the corporate...

Q: What does "we affirm the judgment" mean?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Aug 14, 2013

If you are quoting a statement by a court that heard an appeal from a judgment given by a lower court, it means that the appellate court agreed with the lower court and upheld the judgment. If that is not what you are quoting, I do not understand the question.

Q: Can i sue phone company for losing business

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Jun 7, 2013

The question does not really identify what the reason might be for such a suit, so the question cannot really be answered. However, I will assume, rightly or wrongly, that you have experienced a service-related problem. You would need to have a lawyer review your contract with the phone company. Most telephone companies have limitation of liability or "exculpatory" language in the contracts, which protects them from being sued in the event of problems with service, etc. Typically, in a...

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