John Kenneth Friedman's Answers

Is it a conflict of interest to provide a service through my private business to a competitor of my employer?

There are several factors that might impact on how this would be determined, chief among them whether your part-time employer knows about your other business, and if your "employer" considers you an employee or contractor. As a general rule, however, you do owe a duty of loyalty to your employer which bars you from providing "comfort and aid" as it were to the "enemy." That said, your part-time employer doesn't provide the service your own business does -- so you're not taking business away...

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If you had a verbal contract with someone about money being borrowed, and they refuse to pay. What are your legal options?

Most likely you can.

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When the small business I work for incorporated last year It was done so giving me the title of corporate secretary.

You should write a letter of resignation from your board position and deliver it to the board chair. Be aware that if you are employed by the company, and have an employment agreement, it may state that by resigning your board position you are also resigning your employment with the company (this is very rare and typically appears in the opposite order -- that is, if you resign your employment you are deemed to simultaneously be resigning your board position too -- but you want to be sure that...

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Work at a retail business for 20 years. We have been closed for 8 legal holidays per year.

Absent a contract to the contrary, employers are free to determine their own policies consistent with the law. No law requires a business to close on any particular day. Therefore you are screwed.

Can a child be a shareholder in a corporation?

Yes, children (i.e. those who've yet achieved their majority -- in other words, minors) can be shareholders of corporations.

I want a co member to sign a guaranteed note for all of the monies I have loaned the business. Can I force them to do so?

Not much if you've already made the loan. If the LLC fails to satisfy the note you can seek to enforce it -- then you can use that threat as leverage to get the personal guarantees added to the note. Of course, if the LLC is not honoring the note it's somewhat problematic (i.e. it's probably short of funds to meet its note obligations). At that point, the LLC may be seeking additional capital. if so, and you're willing to stake it, you can replace the original note with a new note for the...

Does the landlord have the right to allow a new sign by a different business to replace one of our signs?

Your lease will hold the answer; you should review its terms and conditions regarding signage. If there is no language dealing with that, check for waiver language -- if the landlord permitted it for some time as you suggest its ability to change the arrangement may be limited by the language regarding waiver in the lease. If you own the sign, the landlord has no right to permit a 3rd party to use it. The landlord may be able to make you change some language on the sign but it cannot force...

I am the sole owner of a repair business. What is the best way to protect my personal property ?

Either the LLC or corporate form have the potential to protect your personal assets from the reach of your business creditors if you take some modest steps. First, decide which form you like. LLCs are more popular among sole proprietors since they simplify tax filings without having to do much more than forming (unlike corporations which must make an "S" election to provide the same type of tax simplification). You also have to follow the formalities of the form -- that is, you should enter...

I want to dissolve a partnership in a startup business that hasn't barely begun yet.

If both partners agree, all you need to do is draft a new partnership agreement; if you've not already executed a partnership agreement you can do so now so long as both agree. Absent a partnership agreement, the law stipulates that the division of profits is 50/50 (assuming 2 partners which your question indicates).

Cellular Phone Contract

The Terms of Service in your existing contract will control but they likely permit the original company ("A" in your example) to assign your contract at will. However, be aware that contract early termination penalties are now supposed to scale down as the amount of time left on the contract dwindles. So you shouldn't have too long to be a customer of company "B" before you can economically leave. You can also investigate mobile service contract swap services.