Small Business Legal Questions

As you know, you should not give anyone money just because they call and make a claim. It doesn't sound like the person has any proof to connect you or your company with the supposed accident. If you receive a demand letter from him or an attorney, you should have your own attorney review the document to determine you next steps. ... Read Answer

There is nothing like a 100% online business even if you sell online. It is important to understand that where you are physical, specially in NY, you may need a license, and if you use a name other than your legal name, you must obtain a DBA registration. Additionally, if you are located in NY but you sell online to customers in other states, there is now a legal threshold after a certain amount of transactions or sales that state will consider you as "doing business" in that state. If you don't deal with that you could face tax issues. Now, whether you need to incorporate that is a decision that involves several analysis. However, keep in mind that you have a physical presence you probably need to. Finally, if you meet that threshold, mentioned above, if a state consider you afe "doing business" you could be required to register or get an application for authority. ... Read Answer

If a person dies whatever assets he has will be administered according to the laws of the State where the deceased was domiciled. The shares of stock of a person are assets that can be transferred to another by will or by the operation of law. In a corporation, unless otherwise stated in the corporation agreement, shareholders can independently dispose of the shares. Now, in a corporation with only one shareholder, when the shareholder dies all of his assets including the shares owned by him pass to his heirs if any, and his spouse. If his spouse is the one with the right to receive these assets, she will be the new owner of the share and the owner of the company. However, it does not mean that she will be automatically entitled to run the company. Corporations have by-laws which state how the company will be run. If the spouse of the single shareholder of a corporation wants to make changes, she will have to follow the provisions of the by-laws and any other legal provisions related to the administration of the businesses of the company. ... Read Answer

Under NY General Business Law a person cannot engage in business with a name other than his real name. Otherwise, a person is required to file a certificate of assumed name a.k.a. doing business as. If a persons conducts different businesses under different names, that person will need to file as many certificates as necessary. The purpose of the rule is to have knowledge about those who exercise commerce and to be able to protect consumer. Finally, if a person is conducting businesses on a digital platform additional requirements may apply to avoid misrepresentation or the communication of misleading information. ... Read Answer

What you are describing is called "retail fraud", commonly referred to as "shoplifting". If you are charged with this offense, it can have serious consequences for your future. Conviction can result in jail time, probation, fines and a criminal conviction on your record. This conviction will follow you throughout your life and you may be asked about it when you apply for a job or even a lease. Depending on your age, and your current criminal history, there are ways to lseen or even prevent the penalties that you may be facing.... Read Answer

You can file a small claims case against him and his company. If his company has disolved you will likely not be able to recover.  However if you can sue him personally and there was no LLC or INC and it was just a sole proprietorship you may be able to get a judgment against him that you can collect on.  Please feel free to contact us for further assistance (203)870-6700... Read Answer

It seems you are a young business with a lot of protocol and logistic questions.  Our office helps create and nurture buisnesses from start to completion. If you are looking for various good counsel regarding your business, you would be well advised to seek advice from an experienced lawfirm.  We would be happy to speak with you further.... Read Answer

You agreement probably said that you could not sell the items without paying the full amount due on the loan. You should review your agreement. The company may be willing to negotiate a settlement for the amount they say you owe at this point. You should try to settle quickly so that interest does not continue to accrue.... Read Answer

That’s certainly a serious allegation that your business partner is making.  It is unclear his connection to the business from your description.  If he is not on the company paperwork and isn’t part of the management, what is his connection to the business?  Is he a shareholder?  An investor?  Depending on his actual status, you may have a defense that he doesn’t even have the standing to bring a lawsuit against you.  If the lawsuit has already been filed and you have been served, it is important that you act quickly.  I would highly advise seeking a consultation with an attorney to discuss the details and understand what options are available to you.... Read Answer