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Delaware Business Legal Questions

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14 legal questions have been posted about business law by real users in Delaware. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.

Multi-layer Delaware LLC has a member LLC that changed CEO, should we have a new operating agreement?

Answered 6 years and 11 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
I don't know your particular circumstances, but in general the change in CEO's of one of the member LLCs should not change anything or require q new operating agreement.  The members haven't changed.  Moreover, the prior CEO did not sign for himself, but for his LLC, and that signature, assuming it was valid in the first place, remains valid and binding.... Read More
I don't know your particular circumstances, but in general the change in CEO's of one of the member LLCs should not change anything or require q new... Read More

I am a 50% owner in a Delaware LLC

Answered 10 years and 8 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
If your operating agreement does not address transfers (which would be very unusual; many llc's don't bother having operating agreements, but if they do bother they usually address this common issue), you can assign your interest without the consent of the other member.  However, under Section 18-702 of the Delaware Limited Liability Company law, the assignee does not become a member.  The assignee gets to share in profits, but doesn't, for example, get to vote on matters affecting the company.... Read More
If your operating agreement does not address transfers (which would be very unusual; many llc's don't bother having operating agreements, but if they... Read More

Can I assign resposibility of a lawsuit to a 2nd party

Answered 11 years and 10 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
As a general rule, most claims are freely assignable, either before or after suit is commenced.
As a general rule, most claims are freely assignable, either before or after suit is commenced.

How do we get notarized copies of our documents of incorporation from Delaware and at what financial cost?

Answered 12 years and 9 months ago by Hank Gracin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
It is very easy. I typically use a service firm, like CT Corporation, to get the certified documents from the Secretary of State of Delaware. And they do not charge very much for the service, especially if it is not a rush order.  I suggest you contact them for details.  You may also be able to contact the Secretary of State in DE directly as well.  Hope this is helpful.  ... Read More
It is very easy. I typically use a service firm, like CT Corporation, to get the certified documents from the Secretary of State of Delaware. And... Read More

Is it illegal for a fast food restaurant not to display their refund policy? At least on the receipt?

Answered 13 years and a month ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Generally speaking, restaurants are not expected to provide refunds and are not expected to have, or post, a refund policy.
Generally speaking, restaurants are not expected to provide refunds and are not expected to have, or post, a refund policy.

no breaks or lunch in 10 to 12 hour day

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Your inquiry is not particularly clear and it recites a number of seemingly unconnected facts. In general, an employer is not required to provide meal or rest breaks under federal law, which generally applies in both DE and VA.
Your inquiry is not particularly clear and it recites a number of seemingly unconnected facts. In general, an employer is not required to provide... Read More

What agreement do we use to sell our business ?

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You will need to consult with an attorney regarding the structuring of this transaction and the proper protection of your interests while a portion of the purchase price remains unpaid.
You will need to consult with an attorney regarding the structuring of this transaction and the proper protection of your interests while a portion... Read More

Do I violate any Law if I sale a product from China that looks similar to a branded product sold here in USA. They look alike but no brand name on it.

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Possibly. Sometimes merely the look of an item constitutes a trademark, or the item may be subject to copyright if it is a work of authorship (which you do not explain). It is impossible to give a categorical answer without a comprehensive review of the facts.
Possibly. Sometimes merely the look of an item constitutes a trademark, or the item may be subject to copyright if it is a work of authorship (which... Read More

Our small business has been severely damaged from a television news article that was slanderous and untrue.

Answered 13 years and 9 months ago by Michael Charles Doland (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
You don't ask a question. If the question was "can I sue" (1) don't even think about it without an attorney, the television station will certainly have very good attorneys (2) defamation cases are very difficult to prove.
You don't ask a question. If the question was "can I sue" (1) don't even think about it without an attorney, the television station will certainly... Read More

I am not a US Citizen, but would like to iform an LLC in Delaware as a sole owner. The other possibility is with my fieind which is a Green Card Holde

Answered 13 years and 9 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
First, you can set up a corporation,or LLC as a non-citizen, in any state. If you are conducting business in other states you must register as a "foreign corporation" in each state other than the state of incorporation where the company will have a physical presence. Owning a company does not necessarily give you a work permit (green card) or work visa.... Read More
First, you can set up a corporation,or LLC as a non-citizen, in any state. If you are conducting business in other states you must register as a... Read More

I want to start and incorporate a business by the end of 2012 but, I don''t know where to begin. My question is where do I begin?

Answered 13 years and 11 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You need to learnsomething about how real estate rentals work. Why not learn from others before you invest your own money? Most people who own and rent small properties do not have incorporated businesses, for tax reasons.
You need to learnsomething about how real estate rentals work. Why not learn from others before you invest your own money? Most people who own and... Read More

Is it legal to select the winner in random on a e-commerce site by taking less than $1 from them?

Answered 13 years and 11 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It is probably possible to structure this kind of arrangement so that it is not considered to be an illegal game of chance. You need to engage the services of an attorney because the law of multiple states will be involved and you will need to comply with both substantive and disclosure regulation.... Read More
It is probably possible to structure this kind of arrangement so that it is not considered to be an illegal game of chance. You need to engage the... Read More

We are looking for a business lawyer to be on our board or advisory committee as soon as possible. What is the best way to find one?

Answered 14 years and a month ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Call the local bar association where you headquarters are located. They likely have a pro bono program, or can refer you to one.
Call the local bar association where you headquarters are located. They likely have a pro bono program, or can refer you to one.

i was wondering if i may have a case. i was told at time of termination that i could reapply again in 6 months which i did and their telling me im not

Answered 14 years and 2 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Distilling your inquiry into its most basic parts, it sounds as if you are asserting that pregnancy discrimination was the cause of a cascading sequence of negative consequences for you. Discrimination cases are hard to prove, and the plaintiff bears a heavy burden. That burden is virtually insurmountable where, like here, the plaintiff admits to having misconducted herself and that misconduct constitutes a bona fide non-discriminatory reason for the adverse employment action taken. By all means consult an attorney regarding your situation.... Read More
Distilling your inquiry into its most basic parts, it sounds as if you are asserting that pregnancy discrimination was the cause of a cascading... Read More
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