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Ricardo O'Neil Bernard

Ricardo Bernard’s Answers

24 total

  • The sale of stock in a company

    is it never a good way to secure funds for the company?

    Ricardo’s Answer

    Not enough here to really give an intelligent answer. Would need more facts but generally speaking this is an issue you should discuss with company counsel to see the best routes for raising funds whether it's through debt or equity.

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  • What if lawyer will not give me a copy of my contingency contract that was originally signed?

    My ex lawyer stated I only had to pay if the case was won but the case was lost. A contingency contract was signed that I have requested in writing but he has never sent me anything. The case was botched and it has been almost a year but Icoyld no...

    Ricardo’s Answer

    This sounds like an ethical issue and you can report this attorney to the state bar to which he is a member.

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  • Do I need to subpoena an employee of plaintiff (a corporation) if I want him to testify at trial?

    Should the subpoena be served on the employee or the attorney for the corporation?

    Ricardo’s Answer

    The employee; both if you want to take the belts and suspenders approach.

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  • Penalty two Directors (2010 – 2013) when Bylaws require 3; Directors not having annual Director Elections for over two years?

    Two Directors deliberately removed a third Director (November 29, 2010 without replacing that position) so that one Director could make various motions and have the other Director second them (the motions) without any ability to challenge their (D...

    Ricardo’s Answer

    You should seek legal advice from counsel to solve this issue.

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  • Recently the owner of a Corporation died and he was the only stock holder. At this point what becomes of the company.

    Recently the owner of a Corporation died and he was the only stock holder. At this point what becomes of the company. He has a daughter who previously was not associated with the business and now is stepping in to keep things running. To my knowle...

    Ricardo’s Answer

    I agree with my colleagues. The death of the shareholder should not have a bearing on the existence of the corporation. the question now becomes who owns the shares and whether the pass under statutory rights of inheritance or if they are governed by a preexisting will.

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  • How do I serve process on a foreign (out-of-state) company?

    I need to serve process on a foreign (non-New Jersey) corporation because I am suing it in the Superior Court of NJ. As far as I know, it is not registered in NJ, but it has contacts with the state because it ships products here and has thousands ...

    Ricardo’s Answer

    I agree with my colleague with respect to the long arm statute or potentially serving the registered agent. However, you should retain counsel for these issues as it is more likely that a licensed attorney in your state can give you an accurate answer.

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  • As a board member of a non profit corporation, I had expenses paid for with my corporation credit card. Do I need to reimburse?

    I was verbally given the permission to pay for fuel expenses in the course of doing corporation business, by a former board member. The board has turned-over at least twice since this occurred. The current board has now determined that I did not...

    Ricardo’s Answer

    I agree with my colleague. More facts would be needed for a complete analysis.

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  • Eligibility of a new corporation for filing h1b transfer for an applicant ?

    How old should a corporation be before filing h1b transfer for a potential employee ( applicant ) ? is there any pre requisite from the corporation to be eligible to file h1b transfer ( apart from the client PO ) ?

    Ricardo’s Answer

    There is no time requirement required before filing.

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  • If the seller's corporation is in inactive status, does the purchaser still have to pay the corporation on a note

    seller corp. a bakery business sold assets by asset purchase agreement to purchaser with a promissory note. The seller corp. became inactive after the sale for a while. Does purchaser have to make payments on the note while the seller is inactive.

    Ricardo’s Answer

    I agree with my colleagues.

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  • I am the sole owner of an S Corp business. I want to add my husband, but give him the majority of the shares. How?

    Do I file a Certificate of Amendment form or Certificate of Change form with NYS?

    Ricardo’s Answer

    I agree with my colleagues.

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