Virginia Business Law Questions & Answers

Q: I want to open a video gaming cafe that sells fresh, made on the spot pizzas. Is there any law that forbids this?

1 Answer | Asked in Business Law for Virginia on
Answered on Mar 16, 2018

I don't see anything particularly concerning about this business model. It's just an updated arcade that serves food. As long as you obtain all proper business permits including health permits, and establish appropriate privacy and internet security safeguards, there shouldn't be anything uniquely difficult to deal with related to legal compliance.

The only other issue could be licensing problems if you offer video games that typically expect one user per product.
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Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

1 Answer | Asked in Consumer Law, Copyright, Business Law and Public Benefits for Virginia on
Answered on Mar 12, 2018

You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.
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Q: I have a potential dispute with an water equipment distributor.

2 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Answered on Mar 12, 2018

At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing materials, and your own version of events to assess the strength of your case and what issues might be involved. I strongly encourage you to contact a local business/commercial attorney.
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Q: In regards to a VA LLC. Can a P.O.A. Be used to represent any individual listed as a partner in the LLC?

1 Answer | Asked in Business Law for Virginia on
Answered on Mar 12, 2018

The articles of organization and the operating agreement cannot limit the use of the power of attorney for members. If there is no prohibition on a non-member being given the POA to act on behalf of a member's part, it is most likely permissible.

(Va. Code § 13.1-1022. Management of limited liability company. . . . D. Unless otherwise provided in the articles of organization or an operating agreement, the members of a limited liability company have the power and authority to delegate...
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Q: in the virginia circuit courts is it addissmable for a new/unknown attorney to appear at a court hearing?

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Virginia on
Answered on Feb 23, 2018

Both parties have a right to counsel, and, if it doesn’t unduly delay a case, judges will liberally permit substitution of counsel in the interests of justice, even if that means a brief delay.
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Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018

If your question is whether it is legal for a donor non-profit organization to donate any potential "profits" (funds received to be used for the organization's primary service objectives) to donee non-profit organizations, instead of the donor non-profit organization performing activities for their mission, then yes. There are no IRS or other external legal restrictions from letting the non-profit basically funnel monies into other non-profits.

There MAY be internal restrictions,...
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Q: I started a Home Inspection business. Do I need to have a Registered Agent?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018

What's true is that you do require a registered agent. The registered agent can be just about anyone as long as they are designated by you to receive legal paperwork on your company's behalf. Many entity startup businesses (such as LegalZoom and a ton of "Create a S-Corp in 5 Minutes!" companies) provide registered agent services, and will send you notices of anything that they receive on your company's behalf.

You can also elect to be your company's registered agent as well (to save a...
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Q: I live in VA and I worked as a consultant for a company in Florida, and they are not paying me for work performed

1 Answer | Asked in Contracts, Business Law and Employment Law for Virginia on
Answered on Feb 21, 2018

It's not a clear-cut answer whether you can sue the company in Virginia because it can depend on what the company's contacts are with Virginia.

What is a safe bet that they can be sued in Florida since they are a Florida company, presumably engaging in business in Florida.

But to be sued in Virginia, they would need to show that they have some meaningful contacts with the state. Your consultancy work, if mostly related to business activities elsewhere other than Virginia, will...
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Q: I am married & want to start a business. What can I do to ensure that my wife has no claim on it IF there is a divorce.

1 Answer | Asked in Business Law, Divorce and Family Law for Virginia on
Answered on Feb 13, 2018

About the only way to do that is to have a lawyer write up a Post-Nuptial Agreement for you that you and your wife both endorse. It is a lot like a Pre-Nupt, but after the marriage. If you were to use separate money, and keep it all separate, including the work, that might also work for your purpose, but then if there was a challenge during a divorce, you'd have to work to prove all that. The Post-Nupt would be the best path in my opinion.
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Q: How do you pursue buyers in Fairfax County Circuit Court who defaulted on a real estate contract?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Virginia on
Answered on Feb 12, 2018

First, you need a lawyer to review the contract. Many contracts in Fairfax provide that the damages for a breach by buyer is limited to the earnest money deposit. Not all contracts are the same, and all can be modified, but if you signed that clause, it is enforceable. Many lawyers provide discounted initial consults to help guide you.
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Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for Virginia on
Answered on Dec 20, 2017

You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge. The bankrutpcy judge cares about that full time. So it seems to me you need to talk to a bankruptcy lawyer.
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Q: What can I do if a recall has left my car undrivable for 5 months?

1 Answer | Asked in Personal Injury, Products Liability, Business Law and Lemon Law for Virginia on
Answered on Dec 19, 2017

Contact the Center for Automotive Safety, see if there is any class action or bad faith action for such conduct--they should,at a minimum, authorize a rental.
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Q: My car was repossessed. My finance company will not allow me to pay the prior amount due to reinstate. How do I resolve?

2 Answers | Asked in Banking, Business Law, Civil Litigation and Consumer Law for Virginia on
Answered on Nov 27, 2017

You have a right to sue the finance company for breach of your contract and violating your rights. You can also call the office of the Attorney General for Virginia and file a complaint.
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Q: I am dealing with a company that I believe is/was false advertising. If I explain more could anyone help?

1 Answer | Asked in Business Law, Consumer Law and Small Claims for Virginia on
Answered on Nov 26, 2017

The Virginia Consumer Protection law is a false advertising law. It gives you the right to triple your money back PLUS legal fees. You can read more about that law, here.

One place to look for lawyers who do that kind of work is the National Association of Consumer Advocates, here.
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Q: Is a "bank guarantee" necessary to sell a bar of gold in Ghana?

2 Answers | Asked in Banking, Business Law, Consumer Law and International Law for Virginia on
Answered on Nov 20, 2017

She would be wise to consult a lawyer in Ghana before proceedings. May countries have at many times in history restricted the sale of gold, both to currency security and for fraud prevention. It is not at all unimaginable that Ghana retains such a legal structure. She might prefer to sell the gold in places like the US, were no guarantee is required. She is required to report any transaction(s) in gold with a value in excess of $10,000, including importing or exporting from the country. Once...
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Q: Is it legal for a business to require you to use a compliance co. in order to be paid - months after the fact?

1 Answer | Asked in Business Law for Virginia on
Answered on Nov 10, 2017

To render you specific advice, certain clarities required : How did you get this work order? After completing your work, did you receive an acknowledgement / certification of work-done? Based on which you raised your invoices, which are still unpaid. Whether their requirement of 3rd party assurance of your being compliant is a general principle based on which they raised this demand or deliberated wanted to hold your invoice. You need to send them a legal notice to release your payment...
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Q: Does unvested stock always implies that person employed by the company?

1 Answer | Asked in Business Formation, Business Law, Employment Law and Securities Law for Virginia on
Answered on Oct 15, 2017

Provided that person carry a specific authorization to that extent in order to avoid any possible scam.
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Q: false or inarticulate information on your background check by chekr

2 Answers | Asked in Consumer Law, Employment Law and Business Law for Virginia on
Answered on Oct 11, 2017

If Chekr is considered a consumer reporting agency it has obligations under the Fair Credit Reporting Act (FCRA) to have reasonable procedures in place to assure maximum possible accuracy of the information reported. Simply put, it should have algorithms or other "If then" formulas in place to make sure the information reported is really about you. You may have a claim against Chekr. You are likely not to have a claim against UBER if you are considered an independent contractor. Did you...
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Q: Can a contract signed by a canceled LLC be set aside as an invalid transaction?

1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Answered on Aug 21, 2017

Yes they can. An LLC must be considered active with the SCC to be able to conduct transactions.
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Q: Can I provide independent services to a former client based on this agreement?

1 Answer | Asked in Business Law for Virginia on
Answered on Aug 9, 2017

This is definitely a situation to be wary about and I would definitely avoid handling this matter privately.
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