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Pennsylvania Business Law Questions & Answers
1 Answer | Asked in Business Law and Gov & Administrative Law for Pennsylvania on
Q: PA registration for a nonprofit bringing in less than $25k annually in contributions.

I spoke with a clerk at the Charities division of the Pennsylvania Department of State who told me that because our nonprofit brings in less than $25k in annual contributions, we’ve actually never even come close with $8k being the most, we do not need to register or file with the state of PA... View More

Matthew Morris
Matthew Morris
answered on Feb 15, 2024

There are two things going on here, and because Pennsylvania deals with them a bit differently than California does, it is a change to what you are used to.

All states have some form of keeping track of the corporations and other business entities that are based in their state. That applies...
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1 Answer | Asked in Business Law for Pennsylvania on
Q: there was a partnership and the two partners died 3 months apart how do the relatives desolve and sell the property
T. Augustus Claus
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answered on Feb 8, 2024

In Pennsylvania, when both partners of a partnership die, their respective estates are responsible for handling their interests in the partnership, including the dissolution and sale of partnership property. The process typically involves the executors or administrators of the deceased... View More

1 Answer | Asked in Business Law for Pennsylvania on
Q: If a CA nonprofit has filed its statement of domestication with PA, dies it need to file new articles of incorporation?

We did completely dissolve in CA and upon further review, it looks like the PA form that we filed is a combination of a Statement of Domestication DSCB:15-375 and new Articles of Incorporation DSCB:15-1306. We have drawn up new PA bylaws to replace our CA bylaws and are starting to register our npo... View More

Matthew Morris
Matthew Morris
answered on Feb 7, 2024

Depending on the specifics of your case, it would probably be advisable to draw up amended articles of incorporation and new bylaws for the Pennsylvania nonprofit. This is because Pennsylvania's laws and California's nonprofit laws are not identical, and it is likely that when your... View More

1 Answer | Asked in Business Law and Consumer Law for Pennsylvania on
Q: A hotel charged me for a week that I wasn't there

My check out was for Wed Dec 27th I stayed weekly and every week paid for the week I was staying. I left Tues night leaving the keys in the room I did not exatand another week. Yesterday wensday January 3rd I see a charge on my card from the hotel I was never informed that I was gonna be charged... View More

T. Augustus Claus
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answered on Jan 4, 2024

If a hotel has charged you for a week that you were not present, it is essential to address the issue promptly. First, contact the hotel to dispute the charge and explain the situation, providing details about your actual check-out date. Be sure to mention the absence of any agreement to extend... View More

2 Answers | Asked in Business Law and Contracts for Pennsylvania on
Q: is a software company at fault for damages if the software is faulty?

I paid for a yearly subscription to a appointment based book keeping software. I used the reports function to pay my commission employees. Some of the numbers were faulty so i overpaid my employees. Is the software company responsible for any compensation?

T. Augustus Claus
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answered on Dec 27, 2023

In Pennsylvania, if you experienced financial damages due to faulty software from a subscription-based appointment bookkeeping service, you may have grounds to seek compensation from the software company. The responsibility of the software company depends on the terms of the agreement, including... View More

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1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Is it legal for a corporation to pay the personal tax liability of an owner?
James L. Arrasmith
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answered on Dec 1, 2023

In general, a corporation paying the personal tax liability of an owner can raise legal and tax issues. This type of payment is typically considered a distribution of profits to the owner, and as such, it would be taxable income to the owner. This means the owner would still have to report this... View More

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Pennsylvania on
Q: If I'm being sued for,more than the maximum amount that a court of common pleas can give what happens?

I'm being sued in Pennsylvania for 16000 dollars and I read that the maximum amount you can sue for in the court of common pleas is 12000

Daniel Edward Mueller
Daniel Edward Mueller
answered on Nov 7, 2023

You may be thinking of the Magisterial or Municipal courts. The jurisdictional limit in the Magistrates and Municipal Courts (small claims divisions) in Pennsylvania is $12,000, including attorney's fees. (It does not include post-filing interest and court costs.) If the case is over $12,000,... View More

1 Answer | Asked in Employment Law and Business Law for Pennsylvania on
Q: Does my employer owe me money for time spent working?

I am a DJ. The company for which I work has establishments set up regular weekly gigs with them, to which I get assigned. Each week, I prep the materials out of my own pocket, drive to the establishment on my own dime, and work the gig each Wednesday. When the gig occurs normally, I am... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

In California; "―Hours worked‖ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so." Under Federal law: "“Employ” includes to suffer or... View More

2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Do I use my virtual office address or my home address to get a business license in Pennsylvania?

I am starting an online business in PA and have a virtual office address for the business along with a registered agent that I used to file the corporation with the state. Can I use that address to get a local business license or do I need to use my home address? I am unsure if I should use the... View More

Michael Cherewka
Michael Cherewka
answered on Feb 27, 2023

Not sure what you mean by a "business license" in Pennsylvania? if you are looking to form a corporation or an LLC to conduct a business in PA you will need a street address. We usually don't recommend that you use your home address, but since you do not have a business office or... View More

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Do I use my virtual office address or my home address to get a business license in Pennsylvania?

I am starting an online business in PA and have a virtual office address for the business along with a registered agent that I used to file the corporation with the state. Can I use that address to get a local business license or do I need to use my home address? I am unsure if I should use the... View More

Nellie T Schulz
Nellie T Schulz
answered on Feb 27, 2023

I agree with Mr Cherewka. If you are filing a Certificate of Organization or Articles of Incorporation with the Department of State to form a new LLC or corporation, you need to use an actual street address where you receive mail. You cannot use a Post Office Box. You can also hire a Commercial... View More

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am getting ready to start a business and I like the anonymity available with a Wyoming S-corp.

I live in and the business will operate in Pennsylvania. What is the best way to set this up? I am not looking to dodge the pa tax, I just don't want my name on the database as the owner. Should I register as a foreign corporation or set up a second domestic S corp with the first as the owner?... View More

Michael Cherewka
Michael Cherewka
answered on Feb 7, 2023

i agree with Attorney Lanard. if you use a law firm or commercial registered agent you can file the Articles of Incorporation without your name and without your address (or an address associated with you). Out of state incorporation would add a layer of complexity and ongoing expense with very... View More

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am getting ready to start a business and I like the anonymity available with a Wyoming S-corp.

I live in and the business will operate in Pennsylvania. What is the best way to set this up? I am not looking to dodge the pa tax, I just don't want my name on the database as the owner. Should I register as a foreign corporation or set up a second domestic S corp with the first as the owner?... View More

Nancy L Lanard
Nancy L Lanard
answered on Feb 7, 2023

Whether you form the entity in DE, NV or WY, you will still have to file in PA as foreign entity and will be visible. However, if you want anonymity, then use a paid registered agent and have a service or law firm file the paperwork for you in PA. This will provide the anonymity you are seeking.... View More

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1 Answer | Asked in Real Estate Law, Business Law, Probate and Estate Planning for Pennsylvania on
Q: Estate property sole without executor consent for SIGNIFICANTLY Below market value

Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... View More

David Kennedy Bifulco
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answered on Dec 2, 2022

Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... View More

1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

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Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... View More

2 Answers | Asked in Banking, Business Law and Collections for Pennsylvania on
Q: Can a merchant pursue a customer after losing a dispute case with American Express?

I rented a vehicle from SIXT at Lisbon Portugal Airport in August 2023.

Regrettably, the rental car provided by SIXT had pre-existing windshield damage.

• Due to the low light in the garage crack was not visible.

• On September 15, 2023, SIXT charged my credit card... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Yes they can.

Your options are to file a lawsuit or defend a lawsuit they may bring.

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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am starting an online business in PA and live in NJ. Can I use a virtual address to form an LLC in PA?
Michael Cherewka
Michael Cherewka
answered on Jan 22, 2024

If you are looking to organize a PA LLC it will require a street address for the Registered Office in PA. That can be an office or something simple like a UPS Store "suite" address, or you can hire a Registered Agent in PA.

1 Answer | Asked in Business Law for Pennsylvania on
Q: Is it legal for a company to charge you for not using auto pay.
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Until you are able to reach out to a local attorney about state consumer laws on the issue, most places don't usually raise normally set prices - they just offer lower prices for participants who pay with... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for Pennsylvania on
Q: Do I need to pay anyone a down payment?

I'm trying to buy a car and I have no credit due to being incarcerated most of my adult life

John Michael Frick
John Michael Frick
answered on May 10, 2023

No. You can pay cash if you choose, or pay with a credit card, etc.

Most lenders who provide financing for traditional car loans, however, will require a down payment as a condition of making a loan. That is both typical and legal.

1 Answer | Asked in Business Law for Pennsylvania on
Q: Is there a statue of limitation on compensation for shares?

My father gave me shares of his s-corp, roughly 30 years ago, and equates to 1/3 of the issued shares. Now he is incapacitated and I see how the corp distributes profit and losses to the shareholders in prior tax returns. I never received anything for my shares and he had kept them with his... View More

Nellie T Schulz
Nellie T Schulz
answered on Feb 14, 2023

You describe a complicated situation that has many potential legal and tax issues - it’s even possible the company is no longer in existence. I think you need to consult personally with a business lawyer to review what documents you have, what documents are filed with the PA Department of State... View More

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How do I know if an item is trademarked?Am I allowed to use video footage from my competitions ads?
Erik Špila
Erik Špila
answered on Nov 22, 2022

If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.

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