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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8819
Experience:  30 years of corporate, litigation and international law
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I need a New York City/ or State lawyer to help me I need

Resolved Question:

I need a New York City/ or State lawyer to help me
I need a draft affadavit format
and
a Offer to Sell Common Stock Draft Agreement
and
a format to sue for an injunction to stop other shareholders from various actions detrimental to minority shareholders (ie to prevent dilution, increasing personal cash take out whether by salary, bonus, inflated expenses etc.
Submitted: 4 years ago.
Category: Business Law
Expert:  Fran-mod replied 4 years ago.

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Expert:  Richard - Bizlaw replied 4 years ago.

The things you are asking for are not of the type that you can work off some type of form.

 

An affidavit would have the caption of the case which would look like the caption of the complaint. Instead of being a complaint it would be the affidavit of the person in question. The Affidavit would start "I, [name of person], being of full age, being duly sworn hereby depose and say." Then in numbered paragraphs that follow the person would set forth the facts he poses based on personal knowledge. The affidavit can also contain documents as exhibits. The affidavit is signed in front of a notary public and attested to by the notary. Below is the form of the caption for the affidavit for a case in NY County.

 

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

---------------------------------------------------------x

[NAME OF PLAINTIFF] AFFIDAVIT OF [NAME OF PERSON]

Plaintiff, Index No. ____________

 

-against-

 

[NAME OF THE DEFENDANT],

 

Defendants.

---------------------------------------------------------x

 

A motion for preliminary injunction has to be supported by affidavits made on personal knowledge. The motion must show that (1) you will be irreparably injured if the relief sought is not granted, (2) you are likely to succeed on the merits of the case, (3) the injury to you will be greater than the injury to the other party if the relief is not granted.

 

I cannot write the affidavits, motions, legal briefs etc. for you but I may be able to help you in terms of giving you guidance. All motions for preliminary injunctions are complex and involved because as a key part of the motion you must demonstrate that you will win on the merits which means you have to essentially prove your case on the motion. Such a motion in my experience runs at the low end $5,000 to $10,000 so there is limited assistance you can get for the price offered. If you would like the assistance, I can work with you to some degree. Otherwise, I can flesh out what you need on the first couple of parts of your multi part question.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8819
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 10 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

Can you forward a draft sale agreement for shares?

 

One other thing I previously forgot

What are the document filing numbers styles in Kings county My research says it is structured like this sample: 692101/10

Would that be correct?

Expert:  Richard - Bizlaw replied 4 years ago.

They all work of the same essential format. The year and the number of the case filed that year. If you were the first case filed in Kings County in 2010 it would be 00001/10. The court assigns the docket number so you do not have to worry about that. It will be given to you when you file the first set of papers.

 

I do not know the situation on your stock purchase agreement but they can be simple or complex. Here is a form for restricted stock which is a more complex form. You can see what you don't need and eliminate it.

 

http://www.docstoc.com/docs/5606035/FFI-Form-of-Restricted-Stock-Purchase-Agreement

 

 

Customer: replied 4 years ago.

Thank you.

I forgot to ask

Is a claim for Injunction a COMPLAINT or a MOTION

or

Does it work That I first COMPLAIN then attach a Motion to invoke the complaint

I've seen where COMPLAINTS include the claims for remedy in them and therefore the only MOTIONS needed are to set down for court proceding.

 

Share Sale Agreement is not format I need

I need Between Shareholders

One Shareholder Selling to 2 others. Not a Corp Selling to a new shareholder.

 

 

Expert:  Richard - Bizlaw replied 4 years ago.

If you are seeking injunctive relief that has to be part of the complaint. The motion is then for a preliminary injunction. Normally the process is as follows. The complaint and the motion for a preliminary injunction along with all supporting papers are prepared at the same time. Instead of starting the case with a summons, you seek an order to show cause that brings on the motion for preliminary injunction on an expedited basis. It would be in the order to show cause that you would request a temporary restraining order restraining the other side from doing the thing you want to enjoin until your motion for preliminary injunction is decided. The order to show cause would also give you the same expedited time period to serve the complaint along the motion for preliminary injunction.

 

Here is a share purchase agreement you may be able to use.

http://www.lectlaw.com/forms/f113.htm

 

 

Customer: replied 4 years ago.

I'm trying to accept. And pay an additional fee. But Just answer has a whole new demand for the original fee.

I've contacted them twice about this.

Will accept as soon as they sort out.

THANK YOU FOR YOUR HELP. I THINK I CAN MUUDDLE THROUGH.

If i need more help, how do I contact you? Even if it's through Just Answer. ie How do I find you again.

Also If I need real legal services on the matter how does that work?

Expert:  Richard - Bizlaw replied 4 years ago.

I think once you accept you can do a bonus, other wise if you accept a second time it charges the entire fee again. You can get to me by requesting Bizlaw or Just put Bizlaw in the beginning of your question (the first few words is what appears on the site) and I will see it and respond.

 

If you need an attorney, we cannot make specific recommendations. But I can give you some basic tips on locating one in your area.

 

Good luck

Customer: replied 4 years ago.

Thank you. I'm willing to pay extra but not that $60

Reason is some guy at Just answer closed first question causing replies to appear as new.

I have a request to them to straighten this out.

You have been helpful and I appreciate what you've given me so far.

 

 

Expert:  Richard - Bizlaw replied 4 years ago.
If you have more question just ask for me.
Customer: replied 4 years ago.

Hello Mr Bizlaw

Sorry for delay

I was about to send an additional $25 but the system trapped me for additional $60

I need two additional sample documents.

After you send I'll accept the full $60. If ok with you.

And please use the http://www.lectlaw.com resouce. It's more functional and readable for me.

What I need

1) A form of Personal Gurantee by a Debtor collateralizing a Promisory Note

2) A Promissory Note Form

3) A Pledge of Purchaser's Stock in the company as collateral.

and

4) Either separate or part of the Guarantee, (whichever is correct) wording whereby the Purchaser/Debtor agrees to do no acts that will alter cause harm or detriment, other than in the normal conduct of the business, (such as increase his remuneration, or claim unreasonable expenses of a personal nature, or increase his level of expenses more than the average monthly amount already being incurred)

and

to do no actions that will alter the current share structure of the Company until I'm fully paid.

Please help with this

Expert:  Richard - Bizlaw replied 4 years ago.

Below are a couple of personal guaranty forms. You can adapt them to your situation.

 

http://www.scowcroftandassociates.com/pdfs/McIntosh%20Personal%20Guaranty%20Agreement.pdf

 

http://www.tch.com/products/personal.pdf

 

The following is a site that helps you build a promissory note to suit your needs.

 

http://www.expertlaw.com/library/business/promissory_note_form.html

 

Here is a combination promissory note and stock pledge agreement

 

http://contracts.onecle.com/orbitz/katz.prom.2001.08.31.shtml

 

Here is a pledge agreement

 

http://www.legaldocs.com/htsgif.d/xpledg-ag.htm

 

This sites discusses some of the issues involved with stock pledge agreements

 

http://legal.realdealdocs.com/index.php/2009/05/22/keys-to-drafting-stock-pledge-agreements/

 

Each of these documents have to tailored to your specific transaction. After you do them, you might be well served by investing some money and having an attorney review them and give you comments. Doing it yourself without the background can lead to bad results.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8819
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 10 other Business Law Specialists are ready to help you

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