If someone is one (and only) listed member of an LLC, can they represent the LLC in legal (civil) matters? LLC has been dissolved.
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answered on Sep 26, 2023
If the LLC is dissolved, then it has no legal matters. Members receive both assets and liabilities, and have legal proceedings against them personally. Sometimes it may be prudent to reinstate the LLC without others knowing. That member needs an attorney.
The contract lists the DBA and not the actual name - is that still legal?
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answered on Sep 26, 2023
If the other party to the lease contract accepts that name as a signature, then it supposedly becomes a contract. But I would never advise anyone to execute a contract in that function. It may be unenforceable. Usually a signature would be ...John Doe d/b/a Doe Services...
If someone went to a grocery store and asked for a discount or coupon, would the business have to legally provide one?
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answered on Aug 25, 2023
No, there is no legal obligation.
I have a LLC in which I’m the majority member. My partner did a hard money loan without my permission to purchase a property and the property ended in foreclosure. The hard money lender stated that there is still 25k to fulfill the lender and he will put a lien on the company. What can I do?
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answered on Aug 14, 2023
Does the LLC have an Operating Agreement, By-Laws, etc.? If so, then it must be read carefully to see how property of the LLC can be encumbered or money borrowed. If not, probably only the managing member had the power to borrow for the LLC. Lender must get a Judgment first before having a... View More 
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answered on Jul 28, 2023
If there is a n Operating Agreement then look at that for any controlling terms. More than likely the Managing Member simply designates new members. A new owner would need to notify the State Secretary of State of their new manager status. But it is also dependent on what State the LLC is... View More
answered on Jul 20, 2023
There is nothing to prevent the treasurer from serving on the board of directors in Tennessee, assuming that there is nothing in the bylaws that would prevent this.
The only requirement for serving on the board under the Tennessee Nonprofit Corporation Act is that “All directors must be... View More
I was having a conversation with some coworkers about our bosses. The convo was heated, and all the employees were upset. We all got called out and in trouble for talking bad, but the only way they knew was from the camera recording in the corner. There was no consent i signed to be audio... View More
answered on Jul 10, 2023
Video or audio taping of a person without their knowledge or consent can be "wiretapping," and it is illegal in most states. The issue is are there any warning signs at the workplace that advise you there is taping or are security cameras in place? If so, you have been provided warning.... View More
Dear sir, I am 56 years male living in india! Most unimaginable fraud commited by NETWORK SOLUTIONS LTD ( My registrar). I have registered a domain name connect.com with NETWORK SOLUTIONS (My registrar) based in Virginia! Checked the availability of the name in Network solutions website search... View More
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answered on Mar 19, 2023
I'm sorry to hear about the fraud you experienced with Network Solutions. It's important to take action as soon as possible to try to rectify the situation.
You may want to consider contacting Network Solutions again and explaining the situation to a manager or supervisor. Provide... View More
We have 2 LLCs that have partial shared ownership, 2 people are owners in both, 2 more are owners in just one. We are hoping to have an S Corp that is owned by the 2 that own both to employ everyone that currently works in the LLCs to consolidate and simplify things for employees and compliance.... View More
answered on Mar 10, 2023
You could set up an entity to provide employees to both and then be reimbursed by both entities for the employees. Or the employees could be employed by one entity and when they work for the other - the other entity reimburses the first entity for the time of the employees.
I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.
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answered on Feb 25, 2023
It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More
A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?
answered on Jan 24, 2023
Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... View More
Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?
answered on Jan 13, 2023
Most likely you.
If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.
But you do still owe your trash company and should pay it. This time I recommend... View More
I am looking to open up a car detail/ tire shop and want to ensure I am not in any violations when looking for a location.
answered on Dec 14, 2022
There's not so much a list but various items you may want to look at - for example, codes and zoning. Make sure where you open up shop, you are permitted to operate. Then you'd want to check the environmental laws on disposal of tires and fluids. And then other statutes like the consumer... View More
I have an online business that I made with a friend but everything is in my name included the LLC but he is in a good amount of the footage that our online course provides but his name is literally on nothing except for about half of the videos. I do think he should be payed something but how do I... View More
answered on Oct 26, 2022
Your post indicates that you are the only member of the LLC and from this I am assuming all of the online content is owned by either you or the LLC. You don't indicate the agreement with this other person - and you likely should discuss this with a lawyer rather than creating another post. -... View More
I went to pay payroll at my quarry. My partners secretly came into town and surprised me and held me at gun point taking my company truck physically assaulting me taking my laptop my card cards, then proceeded to erase my emails my domains on line trying to erase my existence in my business. I have... View More
answered on Oct 11, 2022
What you are describing sounds terrible. You should likely contact the police to report this. Beyond this as to next steps with the business- will depend on your LLC governing documents. It will have procedures relating to the management, control and operation of the company.
My father (general partner) in our Limited Liability corporation has recently died and me (the limited partner) needs to convert the business to a sole proprietorship. What form can I access in order to undergo the conversion? If not, is a general partnership a better idea? Thank you.
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answered on Aug 2, 2022
No form is going to meet your objective, and you are confused about LPs and LLCs. Hire an attorney to examine the business and its assets, and then advise a course of action. Sole Proprietorship means you individually own it. It may be very simple, instead of a formal Dissolution.
If 25 hours of service is purchased can they have an expiration date on when those service hours can be used?
answered on Jul 20, 2022
Generally, yes. And if you do not like the terms and conditions of the purchase, then you do not need to do business with that provider.
For example, I just personally purchased an online continuing education course. I have to complete the course by October, or I lose the ability to access... View More
Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.
What I mean by testing the business... View More
answered on May 17, 2022
I'm not a Tennessee attorney, but the answer to your question would be more or less the same in any state.
I agree with Mr. Wright. Yes, you should have an LLC out of the gate. A corporation is another alternative, but an LLC is generally the structure of choice for small... View More
Options for keeping my portion of the land that my business is located? If we cannot agree to subdivide the majority of the entire property into lots for resale, with him getting reimbursed for all of his expenses prior to me drawing any shares from the sale, will the property be ordered... View More
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answered on Jun 27, 2023
Consult with an attorney to either work out your differences, or dissolve the partnership/sue for partition of real property.
They sent someone to pick us up and told me to leave my key in the car and it would be towed within the hour. It sat on the side of the road for 7 days and it was vandalized and it's totaled. The dealership said my insurance has to do the claim bx they aren't responsible for it . Is that right?
answered on Jun 19, 2023
If they agreed to get it and you did not know they did not do so, you have an argument they are responsible. If your insurance pays they may pursue the dealership.
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