James T. H. Buxton’s Answers

James T. H. Buxton

Mount Pleasant Contracts / Agreements Lawyer.

Contributor Level 8
  1. Is the 501c3 status governed by the by-laws of an organization or are the by-laws governed by the 501c3?

    Answered over 4 years ago.

    1. James T. H. Buxton
    1 lawyer answer

    501(c)(3) status for an organization is governed by the section of the Internal Revenue Code that give it that title. Generally, a nonprofit corporation's bylaws should mention conformity to this section of the Internal Revenue Code and enumerate restrictions on certain activities. As long as the activity you are contemplating does not jeopardize your tax-exempt status and the entity is in compliance with state laws, then the entity can likely amend its bylaws. However, you may want to...

    1 person marked this answer as helpful

  2. Am I responsible as guarantor for corporate debt?

    Answered over 4 years ago.

    1. James T. H. Buxton
    1 lawyer answer

    Generally, a creditor will look to the personal guarantor in the event the corporation defaults as that is the point of obtaining the personal guaranty. If the personal guarantor is unable to pay and defaults, then, yes, it will affect your credit. Without knowing any additional facts, it is difficult to determine what kind of recourse you may have against the company. Depending on the amount in question, it may be worth speaking with an attorney. Disclaimer: Please note that this answer...

    1 person marked this answer as helpful

  3. I paid a contractor to do some remodeling. I have a written agreement. He never completed work and refuses to answer phone.

    Answered over 4 years ago.

    1. James T. H. Buxton
    2. Gregory M. Travalio
    2 lawyer answers

    Contractors in South Carolina are licensed through the South Carolina Department of Labor, Licensing and Regulation. You may want to start with the resources there with respect to a complaint, then discuss with an attorney if necessary. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive...

    1 person marked this answer as helpful

  4. Legal counsel from another state

    Answered over 4 years ago.

    1. James T. H. Buxton
    2. Kevin M. Veler
    2 lawyer answers

    The AZ firm likely hired GA counsel because the AZ firm is not licensed to practice law in GA and needed local GA counsel to be associated on the matter in order to make an appearance in GA courts on behalf of the doctor. Otherwise, legal counsel not licensed to practice in a certain state may seek permission of the court to be admitted for a specific matter (this is called "pro hac vice"). The law firm does not need to register as a foreign corporation in GA and the lack of doing so is not...

  5. Can my LLC partner legally issue trespass notices on me for company property?

    Answered over 4 years ago.

    1. James T. H. Buxton
    2. Mark A. Jinkins
    2 lawyer answers

    A member's rights in a LLC are determined by the operating agreement entered into by the members. If there is no operating agreement, then a SC LLC's members rights will default to the SC Limited Liability Act. More facts are necessary for a conclusive remedy here, but it sounds as though you have a right to 50% of the assets of the LLC. If there is no reasonable likelihood of the two of you seeing eye to eye, then you may want to speak with an attorney about either crafting a redemption...

  6. Written contract that was never signed but witnessed in SC

    Answered over 4 years ago.

    1. James T. H. Buxton
    2 lawyer answers

    . . . one additional thought: if you and your partner actually formed a corporate entity together and that entity has not been terminated, then you still owe a fiduciary duty to the entity not to compete against the company (or each other for that matter). Again, more facts are needed here for a complete answer. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

  7. Written contract that was never signed but witnessed in SC

    Answered over 4 years ago.

    1. James T. H. Buxton
    2 lawyer answers

    More facts will be necessary to give a proper answer here. However, even though the contract was not executed, the parties may have a contract "implied-in-fact." A contract implied-in-fact will depend upon the parties' conduct, and such contracts are recognized in South Carolina. It is unclear what bearing the prior contract would have on you or the partnership. I recommend you speak with an attorney, have an attorney review the prior contract and the proposed contract/plan of...

  8. Is there a way to reduce the points off my license completely from a speeding ticket?

    Answered over 4 years ago.

    1. James T. H. Buxton
    1 lawyer answer

    Depending upon the circumstances of your stop (i.e., you were not rude or disrespectful to the officer and there were no other facts you are leaving out above), your best bet will be to show up for the hearing and speak with the arresting officer. When your name is called on the docket, you may want to ask your judge for leniency in reducing/removing the points in exchange for community service or the like. Disclaimer: This answer is for informational purposes only and does not constitute...

  9. What is the advantage of forming a non-profit organization as your campaign committee?

    Answered over 4 years ago.

    1. James T. H. Buxton
    1 lawyer answer

    In general, the advantage of forming a nonprofit corporation is to encapsulate the liability of the nonprofit's actions in the entity so tha the members of the nonprofit are not peronally liable for the entity's actions. For example, in the contracts context, it is likely that the campaign or campaign committee will be entering into certain service contracts with vendors (website designer, communications company, campaign manager, etc.). In order not to incur personal liability on any third...

  10. Can a co-op own a business

    Answered over 4 years ago.

    1. James T. H. Buxton
    2. Byron M.G. Sanford
    2 lawyer answers

    More information is needed on what kind of entity the co-op is in order to answer your question. For example, is the co-op a nonprofit corporation? Is it a partnership or joint venture? Generally, a nonprofit corporation can purcahse an interest in an entity: § 14-3-302(6). You may want to discuss with an attorney before pursuing a transaction. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney...