New Jersey Business Legal Questions

In New Jersey, a business name does not have to be registered, although it can be.  Registration does not guarantee exclusive use of the name.  So the idea of an assignment of name in New Jersey is not as strong as it may be in other states. What does your purchase agreement say as to use of the name?  IF the seller does not object, you can use the name, but should check with your county as to whether it has been registered as a "doing business as" name by the seller.... Read More

It might violate the invasion of privacy section of the criminal code (NJSA 2C:14-9).  The person videotaping does not need to have a prurient intent; however, the taping needs to be done without your consent and in circumstances where a normal person would not expect to be taped.  So there is leeway for the massage salon to argue: the sign was sufficient to elicit your implicit consent, since you went ahead with the massage; people in a massage salon would be more likely to expect taping to be done, for the protection of the salon, its employees and the public.  In short, a violation here is far from clear.   ... Read More

Send them a letter to stop, called a cease and desist letter.  If they don't stop, then sue them to restrain them from doing so and seek damages based upon whatever losses you can prove you suffered as a result of their actions.  You will need a lawyer to assist you in this endeavor.... Read More

The previous written OA will remain in full force and effect as long as it is duly executed by all members.  The new Revised Uniform Limited Liability Company Act does not require all previously existing Operating Agreements to be revised nor does it negat any of the terms in the existing Operating Agreements.... Read More

If you are emancipated, you can own things, regardless of your age.  You need a court order to effectuate that.  As a minor, you have certain benefits that you will lose if you operate as an LLC, since an LLC is an entity, same as a corporation.  It does not have the benefit of lack of capacity to avoid contracts, etc.   There are a whole bunch of issues that are too numerous to deal with in this forum.  You really need to sit down with a lawyer to discuss and explore what your options are.  You should also have at least one parent accompany you and participate in the discussion, as your age means you lack capacity (legally) to do anything on your own.... Read More

Legal Zoom is one of the best inventions for trial lawyers who handle the litigation that arises from all of the problems that weren't addressed in the Legal Zoom template, and that, because no lawyer was involved, no one thought to ask about.  Hire a lawyer.  The cost is between 1500 and 2500 for the LLC startup and you already have the internet stuff.  There may be additional costs involved in working out how that gets apportioned among the LLC members, and it may be necessary for each member to hire their own attorney to represent their interests, but even at that, the costs should not be such as would break the bank.... Read More

"DBA" just means "doing business as"; it is not a separate legal entity.  Each of these "dba's" would be owned by the llc, and whatever protection from personal liability which you got from using the llc form would apply to all of the businesses. HOWEVER, the businesses would cross connect.  Thus, if the computer consulting business incurred an obligation, you personally might not be liable on it, but the virtual assistant service would also be liable for that obligation.... Read More

There are several variables, but the transfer would take 3 to 4 months.  There are several applications to the State, background checks, fingerprinting, Notices that must be published, etc.  Estimated legal, application and transfer fees range between $4000 to $7000.  Please contact me if you would like my assisstance.  Bill  973-534-5341... Read More

Wow, sorry to hear that.  You now have to file an answer to the counterclaim and defend yourself or risk having a judgment entered against you for the $3500 plus costs, interest and fees.  It is always wise to have legal representation in cases like this.  Feel free to contact me. Bill... Read More

Generally, you should never sign an agreement you don't understand.   On the other hand, it is not unreasonable for them to ask you to sign a legitimate non-disclosure agreement, since in the course of the conversation your friend may have disclosed material proprietary information about the services or products to be offered by the business.  This would be true even if you are not a beneficiary of the program and did not get paid. However, your friend and his partner should have asked you BEFORE the conversation to sign the agreement.  You could have decided then not to engage in the conversation and refuse to sign the agreement.  But not to worry - THEY messed up, you did not. From the facts you have indicated in your question, they can't force you to sign the agreement at this point.... Read More

Your question is somewhat unclear.  I presume you're speaking of a closely held company, that is one with a limited number of shareholders.  Further, presuming that one of the shareholders has either passed away, or somehow transferred his or her stock certificate to a third-party, the question then becomes how was the transfer accomplished.  If the stock certificate was properly indorsed for transfer, to your clients order, then your client can take that stock certificate to the corporate secretary and request that that certificate be retired and a new certificate be issued in your clients name.  Your client can then seek to the transfer the certificate to the company, in exchange for payment of the book value of the certificate.  If there is a stockholders agreement, of course, the certificate is probably subject to that agreement.  If that is the case, then your clients rights will be limited by the terms and provisions of that stockholders agreement.  Finally, if the corporation does not have sufficient funds to purchase back the stock certificate, or the board of directors is not inclined to permit same to occur,  your client can try to sell the certificate to some other potential, shareholder, if not otherwise limited by any stockholders agreement.... Read More

If you have a written lease, you can make the landlord live by that lease.  If the landlord is continually changing the terms of the lease, you can refuse to sign the new leases.  If the landlord causes you to have to vacate the property, you may have a cause of action against the landlord.  If however you keep agreeing to the changes, even under protest, you will be bound by the new leases.... Read More