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Utah Business Law Questions & Answers
2 Answers | Asked in Employment Law and Business Law for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

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

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... Read more »

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3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Mar 20, 2023

Hello,

Depending on what you are signing. Normally you would set up a manager for the LLC and have the person sign in their capacity as a manager.

If you are signing the articles of organization, then the S-corp manager would sign in their capacity as a manager.

I am...
Read more »

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3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Michael Ray Smith
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Michael Ray Smith
answered on Mar 17, 2023

Here’s one way, assuming the LLC is member managed:

NAME OF LLC

By its member, Name of Member

By. _________________

Your typed name

Your title

The idea is to make it clear that the member signs on behalf of the LLC and you sign on behalf of the member.

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1 Answer | Asked in Business Formation and Business Law for Utah on
Q: I’d like to know if a company can go after you for essentially doing the same thing that they do?

For example, could Airbnb sue me if I created my own property rental app?

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 30, 2023

The answer depends on a few things. First, if you copy a product, you can sometimes get sued for breach of Patent or Copyright. There are several companies offering similar services, so it is unlikely they could sue you for offering the same or similar services. But if you reverse engineer their... Read more »

1 Answer | Asked in Contracts, Business Law and Lemon Law for Utah on
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?

I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 6, 2022

I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.

Also, it is...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Utah on
Q: I want to register an anonymous business in Wy, then in Ut where I live. When I register in Ut, will I lose anonymity?

I have an e-learning business. I want it to remain as anonymous as possible. So I plan on registering in Wy. I do all the work out of Ut, which means I probably need to register here as well.

1. Do I need to register in both states if I do all the work in Utah, or can I just register in... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 25, 2022

It is not necessary to register in two states. In Utah, you can register a new business without revealing the names of the owners. To do this, you will need help from a third party like an attorney or registered agent services.

The newly created company will need an address, contact info,...
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1 Answer | Asked in Agricultural Law, Business Formation, Business Law and Communications Law for Utah on
Q: Threaten me with a cop to my house

I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Oct 22, 2021

No,

If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you.

I hope this helps.

Wes

1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... Read more »

Timothy Denison
Timothy Denison
answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Business Law for Utah on
Q: how we can transfer of Chapter 7 Corporations Sole , from one successor to another successor in ligal way need lawyer

Need lawyer

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Feb 24, 2021

Hello,

In order to transfer ownership of a corporation to another you will transfer shares. The other way to do it is to transfer the assets of the corporation by means of an asset purchase. There are benefits and drawbacks to both ways. I suggest we book a consult to discuss this...
Read more »

1 Answer | Asked in Consumer Law, Business Law, Identity Theft and White Collar Crime for Utah on
Q: I have a company that I have unsubscribed from several times. Is there any way I could file for misconduct?

The company is HP

Sarah S. Shepard
PREMIUM
Sarah S. Shepard
answered on Dec 4, 2020

I your issue is with unsolicited marketing emails, the CAN-SPAM Act governs email marketing conduct. Here is a link to more information about the law:

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Good luck!

1 Answer | Asked in Business Law and Contracts for Utah on
Q: Are we obligated to continue servicing equipment after canceling a plan, if a customer has paid?

I work for a hvac company. We have a maintenance contract. (Prepay for annual services) With that, customers have the option of making payments monthly via auto withdrawal. In our contract it states if more than 2 payments are missed, the plan is canceled. We offer 5 year and 10 year plans. My boss... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 21, 2020

Please note that I am not your attorney, and this conversation does not create an attorney client relationship. The issues discussed here are general ideas based on a very limited set of circumstances. Normal discussions with an attorney will produce better results as the attorney knows what issues... Read more »

1 Answer | Asked in Business Law, Estate Planning and Tax Law for Utah on
Q: What price of the stock should be used for estate tax valuation? At the date of death or at the date of collection?

The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Oct 12, 2020

The date of death value. Even though the stock didn't transfer, your right to the stock activated at his death.

I hope this helps.

Wes

1 Answer | Asked in Business Law for Utah on
Q: I'm wondering if it's legal for me to offer my professional services at a discount for marginalized groups of people.

I'm in Utah and a sole proprietor. There is no legal issue against me, just asking as I'm trying to figure out ways to give back to my community right now.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 8, 2020

The answer is most likely, "yes". I am not sure what your services are and you may have different regulations imposed if you are a Doctor or something like that not to mention contractual limitations if you have any way. Sounds like you don't if you are a sole proprietor.... Read more »

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Utah on
Q: Is my employer required to offer sick pay if I am stuck without a babysitter as schools are shut down?

I am a widower and my son has special needs so I’m wondering about my rights

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 1, 2020

This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game.... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Communications Law for Utah on
Q: If I unknowingly signed a DocuSign Contract for my boss's company (that I am in no way authorized to sign) is it valid?

My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at... Read more »

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Mar 29, 2019

Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly...
Read more »

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1 Answer | Asked in Business Law and Contracts for Utah on
Q: For a reunion event planning business, should we have customers sign liability waivers? Is a click-through good enough?

Our customers are classmates who volunteer to be a reunion planner. These planners select dates and activities, and then we sell event tickets to the classmates. A lot of the venues require a signature to accept liability.

1) Should my business sign that document and then have our... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Oct 10, 2018

Hi,

Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.

Ideally your participants would take on the liability directly from the venue,...
Read more »

1 Answer | Asked in Business Law for Utah on
Q: Can a property owner sell their property when they have a partner in the business but not a partner on the property

The LLC is 50-50 ownership. Prior to the partnership the storefront for the LLC was owned and still is owned solely by the original partner. The original partner wants to sell the property and move into a store front in the warehouse. Can the other partner stop the owner of the property from... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 28, 2018

This is an interesting issue that isn't fully answerable via this forum without knowing all the details of the business. Here are the issues that jump out at me:

1. It doesn't seem like the LLC owns the building. Therefore the owner of the building is free to sell the property if...
Read more »

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