Hawaii Business Legal Questions

I don't know the procedure in Hawaii, but in New York it is not that difficult or expensive to get letters of administration, and it is a wise things to do because you may well need them in dealing with a lot of different people with whom your father had dealings.  Letters of administration apply when there is no will, as opposed to being appointed executor if there is a will.... Read More

It depends on what your contract provided.  You say that you agreed to work for the contractor with no mention of having to wait for him to be paid by the client.  If so, the contractor must pay you, regardless of whether he has been paid.  However, he may claim that your agreement was either to work for the client (in which case the client would be liable, not the contractor; the fact that you spoke directly with the contractor is not conclusive - if an executive at IBM hires you to do work for IBM, it is your employer, not him, and he has no liability for your wages) or that you would not get paid until the contractor had been.  In the absence of any documentation, the case may depend on who the judge or jury believes.  One  piece of evidence which may be relevant (probably not conclusive, but relevant) is the terms of the contractor's (or client's) agreement with the editor you replaced.  Since you were filling in, it seems likely that you would be hired on the same terms.... Read More

There are no requirements to begin a general partnership other than agreement to begin a partnership.  There are numerous problems associated with this, however.  You should consider consulting with a local business/corporate attorney to discuss potential problems with partnerships, and if other legal entities may be better suited to your particular situation. 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

There are some aspects of your question that don't really hold together. First, if you did not intend the shop to make repairs, why did you pay them $5,000 for parts? What did you expect that they would do with the parts? Second, why didn't you call or stop by after the lapse of several months or even the first year? What did you think they were doing with your car during this period? It is customary in the auto trade for a repair shop to charge the customer for storage after the customer knew, or reasonably should have known, that the repairs were complete. You are going to have a problem with your inaction for so long. You will probably need to engage a local attorney to assist you in resolving this.  ... Read More

The answer is "it depends." As a general matter, directors of a homeowners association owe no duty to individual members; they owe their duty to the association. Thus, as a purely legal matter, you may be relegated to making your inquiries in official meetings of the association. That, after all, is what meetings of the association are for. All of that having been said, it's a free country, and you are free to write or call anyone. They have no duty to respond to you.... Read More

Unless you are consulting a Cayman Islands attorney or someone familiar with Cayman Islands customs, you are unlikely to get a meaningful response. Remember that it is not just cash but financial instruments that count in the $10,000 obligation, so if you $7,000 cash and a Caymans cashier's check for $5,000 you need to file the US delcaration upon entry.... Read More

Insurance companies have minimum capital requirements and require a license from the state regulator in each state where their customers reside. These requirements are prohibitive for the average small business. Assuming you want simply to offer insurance against the loss or destruction of personal electronic devices, you might best be served by hooking up with an insurance company that is already in existence and licensed nationwide and working out a marketing or joint venture agreement. ... Read More

This doesn't work because you aren't entitled to a deduction for the loan principal you advance to the other friendly company. If you claim that you are paying "interest" to the other company for which you take a deduction, the absence of a bona fide loan will deny you that deduction and cause you to be subjected to taxes, interest and penalties on your underpayment.... Read More

Veteran is a person who served on active duty with the U.S. Army, Air Force, Navy, Marine Corps or Coast Guard, for any length of time and at any place and who was discharged or released under conditions other than dishonorable. Reservists or members of the National Guard called to Federal active duty or disabled from a disease or injury incurred or aggravated in line of duty or while in training status also qualify as a veteran.... Read More

Your question really makes no sense. If she doesn't have any days to work, then she can't work seven-hour shifts. There is nothing illegal about either (a) requiring an employee to work seven hours without a break, or (b) not giving any work to an hourly employee (and not paying for work not done). In the latter case, the employee may deem her employment terminated and file for unemployment compensation.... Read More