Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

In our last thread, we discussed adding the full story to…

Customer Question
Hi Roy.In our last thread...
Hi Roy.In our last thread, we discussed adding the full story to the "recitals" section of our agreement. I did that. I wanted you to read over it and make sure it sounds "official enough". I attached it in this email.Also, I wanted to figure out how to word the clause that states that we will hold back the $800 fee that the state requires all LLC's to pay unless she is able to complete her reviewing of the accounting and we are able to close out her investment and file a dissolution of the company before January 1st 2018. Do we need to add a clause for this? In what way would we do that? Please give us all the verbiage needed.Also, are you available to represent us?
Submitted: 5 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Customer reply replied 5 months ago
I forgot to add the document. Sorry about that. I just added it now.
Answered in 2 hours by:
11/20/2017
Business Lawyer: Roy Hadavi,
 replied 5 months ago
Roy Hadavi
Category: Business Law
Satisfied Customers: 1,214
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. I am reviewing now and will respond shortly.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
Ok. Thanks
Business Lawyer: Roy Hadavi,
 replied 5 months ago

I corrected some minor typos. See attached.

The language for the $800 should be something along the lines of:

CR will withhold payment of eight hundred dollars ($800) from the amount outlined in Section 3 while ZHANG reviews the accounting provided to her by CR, with such amount being withheld for the payment of franchise taxes. If ZHANG's review of the accounting extends beyond December 31, 2017, CR will use such withheld amount to pay the required franchise taxes for the 2018 year. If ZHANG's review of the accounting is finalized on or before December 31, 2017, CR will release the withheld eight hundred dollars ($800) amount.

Unfortunately I am not taking on new clients at this time. Please remind me: are you in Southern or Northern California?

Ask Your Own Business Law Question
Customer reply replied 5 months ago
We are in Northern California. Sacramento California
Business Lawyer: Roy Hadavi,
 replied 5 months ago

Unfortunately, I am in Southern California and have no contacts in Northern California. Sorry.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
Should the verbiage about the $800 appear in the “recitals” section or in the “agreements” section?
Business Lawyer: Roy Hadavi,
 replied 5 months ago

Agreements.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
If we need to, how do we go about getting an attorney to take on our case without having to pay upfront but with intentions to get paid by the accusing party when they loose?
Customer reply replied 5 months ago
I am aware this may seem like an ignorant question. However, we’ve never had to do this before.
Business Lawyer: Roy Hadavi,
 replied 5 months ago

I would not expect someone that is not attorney to know these things. I completely understand your questions and they are completely reasonable.

Generally, attorneys only take on matters on contingency (they only get paid if you win), when you have a claim. That means either you are the suing party and you are suing for a certain amount of money or you are the party being sued, but you have a claim against the other party for a certain amount of money.

I am not sure that you will be able to find an attorney that will take on this matter on contingency, simply because of the nature of the claim. However, you may want to see if a local attorney is willing to meet wit you and assess the best course of action, if litigation arises. Most attorneys offer a free initial consultation, in order to assess the claims.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
How much could one expect to pay in this type of situation. I am aware that not all lawyers cost the same. But in a ball park range. What should we expect?
Business Lawyer: Roy Hadavi,
 replied 5 months ago

It really depends on how complex the matter and how complex the litigation.

But, an good litigation attorney will likely find a way for you to either file bankruptcy or close the business in such a way as to prevent her from pursuing this matter through litigation.

The cost of that would really depend on the strategy employed by the attorney.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
That may be true. But neither strategy would prevent her from pursuing litigation by trying to pierce the corporate veil, right?
Business Lawyer: Roy Hadavi,
 replied 5 months ago

Just the threat of bankruptcy may be enough for her to give up on pursuing litigation against you personally.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
Bankruptcy personally? Or the business bankruptcy?
Business Lawyer: Roy Hadavi,
 replied 5 months ago

Personally.

Ask Your Own Business Law Question
Was this answer helpful?
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Business Law
Satisfied Customers: 1,214
1,214 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I am a member of a two member LLC. The LLC has co-signed on
I am a member of a two member LLC. The LLC has co-signed on some debt with the other member and a seperate business. So, to keep it simple, the other member of my LLC is a man named Heath. Heath's bus… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
I have an LLC with my business partner. We are both
I have an LLC with my business partner. We are both non-resident aliens and don't live in the US. The idea was paying corporate tax in the US and personal tax in Europe, where we reside. Do we still n… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Last year I had a business set up as an LLC as a contractor
Last year I had a business set up as an LLC as a contractor for moving furniture. There was one guy I did not pay his last paycheck because I told the sub contractors if they didn't give me notice tha… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I dissolved by part in an LLC business 9 years ago. Part of
I dissolved by part in an LLC business 9 years ago. Part of the settlement was me turning over a vehicle to the remaining partner that was registered in my name. I can not find a copy of the release o… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
My fiance and i are investing in a franchise that requires
my fiance and i are investing in a franchise that requires us to apply for a beer and wine license. She has a clean background. I have to felony convictions from 18 years ago. if we both own the resta… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
Does an LLC business pay the new business tax rates? If not
Does an LLC business pay the new business tax rates? If not what business types could I form to pay the new rates and not my personal tax rate? How is the 20% deduction calculated?… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
If an LLC and EIN are in my name do i own the business?
If an LLC and EIN are in my name do i own the business? … read more
Edward Young
Edward Young
Juris Doctor
336 satisfied customers
I would like direction on setting up a business as an LLC.
I would like direction on setting up a business as an LLC. There will be no physical store, all products at this point will be sold through e-commerce websites (e.g. Etsy) and shipped to customers. I … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,034 satisfied customers
I am a new business forming an LLC. I wanted to get
I am a new business forming an LLC. I wanted to get information about capital that I have invested into forming the business and how it affects my personally.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My business partner sold are llc 50/50 owned business with
my business partner sold are llc 50/50 owned business with out my consent. or knowledge is there legal action i can take? … read more
Ely
Ely
Attorney
Juris Doctor
577 satisfied customers
Looking assistance as h1B holder to buy subway franchise. As
looking assistance as h1B holder to buy subway franchise … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,749 satisfied customers
I'm the managing member in an LLC with my business partner
I'm the managing member in an LLC with my business partner and I'm also the member with the larger share percentage. Its a multipfaceted bar/nighclub busniess with a reatils store. .5+ … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am starting a consulting business and considering an LLC.
I am starting a consulting business and considering an LLC. I am also an artist. Can I combine the two businesses in one LLC so I can write off my studio rent and expenses legally?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Our business rented equipment. Two of the Llc partners
Our business rented equipment. Two of the Llc partners signed a personal guarantee on the credit check. We lost absolutely everything in the hurricane and even though we provided the insurance they re… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
1,214 satisfied customers
What skill or tape does the real estate LLC investment need
What skill or tape does the real estate LLC investment need a full prospectus or to be a registered security? I'm doing my first non-residential commercial project and one of the potential investors p… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,749 satisfied customers
The 60% business owner to an LLC with no articles of
the 60% business owner to an LLC with no articles of organization, has done things that makes all of us want to separate. however the 40% owners hold all MHIC licenses. Can the 60% just move the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I've a financial service franchise (LLC.) I intend to go
I've a financial service franchise (LLC.) I intend to go into importation of natural resources. Do I've to register a new company or use current one ?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x