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Recent business law questions

When selling your business, an LLC, are all partners

When selling your business, an LLC, are all partners signatures required at closing?

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Loren

Juris Doctor

 
34,728 satisfied customers
I have a small sole proprietor business in California. I had

I have a small sole proprietor business in California. I had a partner who stole and embezzled funds and caused me to file a Chapter 13 bankruptcy. The business has gone down hill and I am having great difficulty in making the monthly BK payments. My only creditor is the franchise tax board. My questions are:1.What options do I have if I want to keep the business going but cannot make the monthly payments?2.What options if I close the business?3. How likely would BOE accept an offer in compromise ?

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Maverick

Doctoral Degree

 
5,274 satisfied customers
Valid Objections during Discovery are? Defendants'

Valid Objections during Discovery are?Defendants' council will seek to disrupt my deposition of Defendants employees and former-employees.They have never produced a privilege list.They got the judge to throw out my Pleading of Fraud with Specificity before any employee depositions were done and before discovery was anywhere near complete.I expect them to object to everything and direct everyone not to answer as many of my questions as possible. Especially those related to employee misconduct / fraud.How do I prevent them from disrupting orderly depositions?Can I make them tell me who they represent, ie former-employees?Can they direct former-employees to not answer my questions about customer complaints, employee misconduct, employee theft?Can I ask former-employees what Defendants council has been telling them?Defendants' council is in regular communication with witnesses, but I am barred by the court from any contact with witnesses outside of formal discovery.Is there anything I can do about this?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,364 satisfied customers
I am told the statute of limitations on using Mistake as an

Hi, I am told the statute of limitations on using Mistake as an affirmative defense to breach of contract is 3 years. Is this true and can you cite an authority for this? Thank you!JA: Because laws vary from state to state, could you tell me what state is this in?Customer: AZJA: Have you talked to a lawyer yet?Customer: Only hereJA: Anything else you think the lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.

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legalg

Juris Doctorate

 
12,322 satisfied customers
I LEND SOMEONE 12K. HOWEVER I HAD THEM SIGN A CONTRACT THAT

I LEND SOMEONE 12K. HOWEVER I HAD THEM SIGN A CONTRACT THAT I GET 50% OF ALL HIS SALES JUST TO MAKE SURE I GET PAY. I NEVER GOT PAID. THE TIME LIMIT FOR THE PAYMENT WAS A YEAR. HOWEVER THIS WAS NOT IN WRITTING. WHAT IS WRITTEN IS THAT I GAVE 12K FOR 50 % OF ALL HIS SALES 9CAR DEALER). 3 YEARS AGO. HIS DEALER GOT BIGGER. SAYS HE CANT PAY NO MONEY. HE IS TAKING ME FOR A FULL. WHAT CAN THE COURT DO IF HE SAYS HE DOES NOT WANT TO PAY. I HAVE TEXT MESSAGES FROM HIM THAT PROVE HE OWS ME. GAVE ME A CHECK AND DID NOT SIGNED IT. ANY IDEAS WHAT TO DO PLEASE.

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William B. Esq.

Attorney

Doctoral Degree

 
18,556 satisfied customers
I have a skincare ecommerce business, and this question is

Hi, I have a skincare ecommerce business, and this question is regarding my Returns & Refund policy.I would like to issue a 30-day refund to my customers where they can just keep the products. I don't want to go through the hassle of processing a return, and I don't want myself nor the customer to incur that extra shipping cost back to the warehouse.My question is: is there any legal risk of doing this? Is this method recommended?I can imagine a situation where someone wants a refund because they developed a rash and continued to use it for whatever reason, or the product was left to expire and they accidentally used it, etc.Thanks

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William B. Esq.

Attorney

Doctoral Degree

 
18,556 satisfied customers
The original member of a LLC wants out, company has not

The original member of a LLC wants out, company has not transacted business. Need simple forms to record the necessary resolutions in the records books, need to change registered agent with state of florida (where the entity is domestically organized), change primary business address to our business address in NY and mutually release each other (original member of LLC and the company)

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Irwin Law

Juris Doctor JD

 
8,076 satisfied customers
I have a copy of our S-Corp incorporation document. In that

I have a copy of our S-Corp incorporation document. In that document we have authorized CNP 2000 shares with $0 PAR value. None of the shares were assigned. How should I write up the stock purchase agreement now. Is it right to have a buyer and seller when none of the shares were assigned. How do we now establish 51% ownership now to my wife.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,364 satisfied customers
We are in the process of starting a business, I have someone

Hi Pearl,JA: The Corporate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: We are in the process of starting a business, I have someone who is putting $40,000 up front for 15% of the business. He also wants a monthly check for work he does with the company. The workload now will be about 70% myself and 30% of his contribution to labor. I'm trying to figure out how to write up a contract correctly that will state the proper amounts and percentages, also what the split will be on capitol at the end of the year.JA: Is there anything else important you think the Corporate Lawyer should know?Customer: The business will earn about $5,000 a month to start, will grow each year. We have agreed to a 80/20 split plus his money he will recieve for working part time.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.

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William B. Esq.

Attorney

Doctoral Degree

 
18,556 satisfied customers
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