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Tennessee Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Amazon/eBay reselling Are people restricted to only reselling non branded products?

My partner and I are wanting to start an online e-commerce business buying and reselling non branded products from Alibaba. Would it be wise to stick with only selling non branded? Do we need a license to sell branded products?

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Starting an e-commerce business reselling products from Alibaba is a great venture, and understanding the legal landscape for reselling branded versus non-branded products is crucial for your success.

Here are some important points to consider:

Non-Branded Products: If you're...
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1 Answer | Asked in Business Law for Tennessee on
Q: Tennessee Is a business owner allowed to restrict guest from bringing in a gun while the business owner can have one?

I’ve read putting up a “no guns” sign assumes liability on the business owner if something were to happen. If that’s the case, wouldn’t a business owner still be able to safely store a weapon in a secure safe and be able to use it if needed?

Anthony M. Avery
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answered on Aug 21, 2024

Yes but as a gun owner I could and would not go to your business. It is your business....

1 Answer | Asked in Criminal Law and Business Law for Tennessee on
Q: Former employer, have received a subpoena by State of TN against former employee for theft. Should I hire counsel?

Employee was caught stealing from a client's home. After an internal investigation, this incident led to the release of the employee (the employee actually resigned before he was fired). Now I have received a Subpoena from the State of Tennessee in its case against the former employee. This... View More

Anthony M. Avery
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answered on Aug 12, 2024

Probably no need for your own lawyer. You are a witness for the State in a criminal manner. Just testify truthfully and clearly.

1 Answer | Asked in Business Formation, Business Law and Employment Law for Tennessee on
Q: I was terminated for closing the store 13 minutes early. When the manager(S) knew I couldn't stay til closing.

Ive never had a warning or write up. I was suppose to close at 12AM. Due to my transportation issues ATM the mangers were very aware that I wouldn't be able to stay til 12. I left that store at 11:47pm . And the manager lied and said I closed and left the store 45 minutes early. It... View More

Anthony M. Avery
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answered on Aug 5, 2024

TN is a terminable at will employment State.

1 Answer | Asked in Business Law for Tennessee on
Q: Hello my sun passed on 4-20-24 he was never married but has a daughter he left no will she is sole beneficial 13yold

She lives with grandparents and has most of her life mom is a felon and recovering addiction dad left 14000 in bank accounts and a car need help with probate

Anthony M. Avery
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answered on Jul 8, 2024

Hire an attorney to file a Small Estate Affidavit Probate. Statute now requires alot more work, but you should still come out ahead with that type of assets.

1 Answer | Asked in Contracts, Traffic Tickets and Business Law for Tennessee on
Q: What can I do in this situation?

So my temp tags expired on March 3rd and on March 6th I got pulled over for expired tags. Now I'm having to book in and out of jail to get a court date all because the dealership never sent my title package out until 8 days after the registration expired. I went to the county clerk and they... View More

Henry Ambrose
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answered on Apr 8, 2024

Tell the dealer you need a new temp tag. Take it to court with you and explain. If you can't hire a lawyer ask to have a lawyer appointed to represent you in criminal court.

1 Answer | Asked in Criminal Law, Employment Law and Business Law for Tennessee on
Q: Can you be prosecuted for something you did not know was wrong?

Can you be prosecuted for something you did not know was wrong?

I work at A rent to own place and I put items on rent for a coworker in my deceased grandmother’s name. The coworker makes on time payments never missed one. It’s not for a ridiculous cheaper price they still pay more than... View More

Anthony M. Avery
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answered on Mar 20, 2024

Yes... If charged with theft, etc., hire an attorney to represent you. Also be prepared to make bond. Do not talk about it, but you have already admitted it.

1 Answer | Asked in Business Law for Tennessee on
Q: I have an EIN number from Illinois from 4 yrs ago. Can I use that number for a new company here n Chattanooga?

Sub chapter S. The company is dissolved, but was thinking of using the same name.

Anthony M. Avery
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answered on Feb 29, 2024

If the S corporation no longer exists, that would be a false return to the IRS. So get your corporate entity active again, and then get and use the assigned EIN.

1 Answer | Asked in Business Law for Tennessee on
Q: If my 50/50 partner in our LLC voluntarily withdraws, is he owed any compensation for company owned assets?
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. It could be difficult for attorneys to advise meaningfully without seeing any documents and agreements. One option could be to reach out to local attorneys to try to set up a consultation. Good luck

2 Answers | Asked in Business Law and Health Care Law for Tennessee on
Q: Do I need to have an LLC or PLLC to start a concierge Physical Therapy business in Tennessee?

Since concierge services will be provided in patients homes, am I allowed to use my home address as the business address if I own the home?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 20, 2023

In your filing with the secretary of state - you can list your home address. You can form an LLC.

The issue with the address may become a local zoning issue- as to whether you can operate this business out of your home.

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1 Answer | Asked in Business Law for Tennessee on
Q: If my 50% business partner in a LLC voluntarily withdrawals as a member what do I owe him?

Tennessee

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 11, 2023

This will depend on your LLC operating agreement. There should be provisions in relation to the withdrawal of a member.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
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answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

1 Answer | Asked in Business Law and Education Law for Tennessee on
Q: We are a jr high and high school Fishing team for 2 counties in TN. Do we qualify for Exempt School Org?

We want to start a 501C3 nonprofit for the funding.

James L. Arrasmith
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answered on Nov 9, 2023

To determine whether your fishing team for junior high and high school students qualifies for an Exempt School Organization status, you will need to review the requirements set forth by the IRS for educational organizations. This typically involves the organization being associated with an... View More

1 Answer | Asked in Business Law for Tennessee on
Q: If you are the only member of a LLC and it is dissolved - can you represent the LLC in legal matters?

If someone is one (and only) listed member of an LLC, can they represent the LLC in legal (civil) matters? LLC has been dissolved.

Anthony M. Avery
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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.

1 Answer | Asked in Business Law and Contracts for Tennessee on
Q: Can you use your DBA when signing a lease in TN?

The contract lists the DBA and not the actual name - is that still legal?

Anthony M. Avery
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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...

2 Answers | Asked in Business Law for Tennessee on
Q: If I were to ask for a discount, whether it was at a restaurant or store, would they have to provide me one?

If someone went to a grocery store and asked for a discount or coupon, would the business have to legally provide one?

Anthony M. Avery
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answered on Aug 25, 2023

No, there is no legal obligation.

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1 Answer | Asked in Real Estate Law and Business Law for Tennessee on
Q: I have a LLC in which I’m the majority member.

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?

Anthony M. Avery
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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

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: How do you change the members and owners of a multi-member LLC?
Anthony M. Avery
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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

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: can the treasurer of a non profit, an officer of the corporation, also serve on the board of directors? State is TN
Matthew Morris
Matthew Morris
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...
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1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: i got in trouble for a conversation I had in the break room. I never consented to recording. Is that illegal?

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

Maurice Mandel II
Maurice Mandel II
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

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