New Jersey Business Legal Questions

I am prejudiced in favor of LLC form of business.  While you cannot insulate yourself from personal liability for your own actions, as an LLC owner, you can make business deals, sign contracts, etc., as the agent for the LLC and eliminate your own personal lliability for business liabilities.  If a personal guarantee is required, of course, your personal liability would still attach, but depending upon the kind of guaranty, it may only be secondary.  You also get the tax benefit of being a sole proprietor, with profits of business being taxed as your income, at your rates.  No double taxation, as with dividends of corporation.  You can also put yourself on the payroll, issue paychecks, etc. (don't forget to file payroll returns and make tax payments), or you simply distribute profits as they are available and file quarterly estimated tax returns with state and federal gov'ts.  Check with your CPA as to which way is best for your business. If you choose LLC form, remember that it is a separate entity and that you must do everything required by law to maintain that separate identity.  Failure to do so will cause you to run the risk of losing that protection from personal liability.... Read More

In spite of the reluctiance to answer questions by saying "see a lawyer, your question is way too complicated an issue to answer in this forum.  Consult an attorney, spend time and money to give full picture of what you are doing and get lawyer's detailed and customized advice.  Anything else is an invitation to disaster, in my opinion.... Read More

This is a more complex question than you think.  In general, and without expressing an absolute answer, if he doesn't agree to sign over to you, whether for free or for payment of some amount of money, then your only other option is a lawsuit for what is called partition to divide property and determine the amount you would have to pay him to make him give up interest in the land.  ... Read More

While I cannot give a direct answer to your question as I am not able to locate any law directly on point, employees do have a right to privacy in the workplace under both common law and public policy.  One of the leading NJ commentators on employment law (Rosemary Alito) notes that the extent of the public policy is not clearly defined, but is determined by balancing the employee's individual right to privacy with the competing public interest.  Other factors to be considered in the analysis are the extent of the intrusion and its effect on employee dignity; the existence of advance notice to employees of the possibility of the intrusion, how it will be done and how the results will be used; limitation of the intrusion to the extent actually required to satisfy the employer's legitimate purposes; and nondisclosure of private information obtained except for the the necessary and legitimate purposes of the intrusion. There is also a common law tort of unreasonable intrusion on seclusion, which essentially holds the intruder liable to the victim if the intrusion would be highly offensive to a reasonable person. Workplace searches are permissible, subject to the requirement of reasonableness and the expectation of privacy. Email and internet use is not subject to the same considerations of  privacy and the facilities are the employers property and subject to the employer's monitoring,  There are privacy considerations and purely personal or privileged uses, not inconsistent with the employer's policies of use, may not be properly monitored. The law in NJ is not clear, as noted, and NJ lawyers tend to look to other jurisdictions for guidance.  Depending on which side of an issue one is on, one can find support for both sides of the argument. Mike Warshaw... Read More

I don't understand the difference between what you are trying to do, and therapy given to people suffering from depression and anxiety.  You need to be very careful, and check with the state boards to find out if what you are doing requires a separate license, permits, etc.  In addition, it is highly unlikely that you would be able to insulate yourself from any lawsuit, regardless of how carefully or well written a contract or a disclaimer might be.  I am seriously suspicious that what you are suggesting that you intended to do is no different from counseling.  As such, it is my understanding that counselors must be licensed and satisfy certain educational requirements.... Read More

The probability is that they can put you back at work under the same manager.  If you are able to demonstrate, through some medical evidence, usually a report from your doctor, that this particular manager has a deleterious effect on your health, you may be able to request the transfer.  Be aware, however, that if the transfer is denied, your manager may know about it and your life, may become even worse.... Read More

While I don't specialize in ecommerce, I do focus on small business law and have drafted terms and conditions for online stores before. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

If the business is a sole proprietorship, then the business operator/owner will be liable for the debt, regardless of the existence of the guarantee.  If the business is an LLC or a corp., then only the signer of the guarantee is liable for the debt, and then only under specific circumstances.  What those circumstances are depends upon the type of guarantee.  When you inherited the business, you inherited the business debts, and unless you are the business (sole proprietor), only the business owes for its debts.  If the debts are being paid, then there is no default and no issue of repayment, since it is being done.  call me if you have more questions.  (732)747-3700... Read More

I don't understand your question - are you renting it from someone or to someone?   If the former, there should be some written memorandum setting forth the terms.  If the latter, you need to check with the appropriate agencies to determine if there is any requirement for licensing, insurance, etc.  ... Read More

Without looking at the form you would use and what your specific concerns are it's difficult to determine if the online form you found is sufficient.  I agree with the previous answer that the amount a lawyer would charge will depend on the answers to those questions as well as how broad the agreement would be.  Part of whether an online form is suitable and how much time an attorney would need to spend on this is based on how detailed you want to make the agreement.  ... Read More

The law requires that any LLC that wants to retain its charter must file an annual report, pay annual registration fee and annual tax return.  The alternative is to liquidate and dissolve the LLC.  Get CPA to file "final tax return," as well as any past due, file missing annual reports and pay fees.  You should receive documentation from tax agency.  File certificate of dissolution with this tax document and pay whatever fees are required.  You will receive a certificate of dissolution for your LLC... Read More

The issue of zoning is frequently a way for the town to make some money.  On the other hand, your business could be considered commercial and it does effect the neighborhood.  A variance, if granted is the way to go.  If it's not granted, you'll have a problem.  But you have to comply with the code officer. ... Read More

Dear Sir/Mdm.: Every case must have three elements, liability, damages and a source for recovery.It is difficult to discern the damages that were occasioned by your particular incident.The damages must be quantifiable and unless there was documented medical treatment ordocumented physical or emotional injury, it appears that you lack the "damage" component.There is a two-year statute of limitations with respect to personal injury claims that are the result of negligence. Faithfully yours,Charles Damian... Read More

What you request is entirely normal, and failure to comply would be a breach of fiduciary duty by the LLC CEO and other responsible individuals. As a Member (shareholder) and Director (Manager) of the LLC you should have full access to the books and records of the LLC to verify your suspicions. A lawyer will help you and the LLC compel enforcement of your rights and the rights of the LLC.... Read More

It depends on what the nature of your business will be. If you are merely providing an online marketplace where  others can do the bidding, buying and selling, then you probably do not need any kind of license. However, individuals who function as "auctioneers" may be required to be licensed in some states.... Read More

It depends on the employer and the type of employer you are considered.  There is always the possibility of penalties and/or termination for not completing the work you were hired to do. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

Your question is not clear, and it is further unclear how and why a fictitious name is being used at all. If the buyer has bought the membership interests of the LLC, the answer might be different from that in a circumstance where the buyer bought the assets of the LLC. You also don't specify where or whether the LLC (or the buyer) is doing business under a name different from its own. Since  you don't provide this information, your question can't be answered. See an attorney and have him review the specifics of the transaction to advise you properly.... Read More