Susan Louise Dawson's Answers

Can an individual sue for breach of fiduciary resulting in loss of $30,000?

To answer your question I would need more information. Under what theory are you claiming the business owed you a fiduciary duty? Disclaimer: This response is for informational purposes only and does not constitute legal advice or a substitute for legal counsel. This response is formed based upon the facts given as interpreted. Unknown or variable facts could result in a different response. This attorney is licensed to practice law solely in the State of Illinois. Online readers should not...

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What happens to assets when secretary of state acts to involuntary dissolution of illinois corporation

It is unclear what your true question is here without hearing more facts, but generally when the Secretary of State administratively dissolves a corporation, its corporate existence is terminated. The corporation is not to carry on any business thereafter unless properly reinstated as provided in the Business Corporation Act. However in reality, in many instances the business continues even after dissolution. In these instances the owners/offers of the business are now acting without...

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What kind of lawsuit should I file if my previous employer has wronged me in multiple ways?

While a more thorough analysis would be needed to determine what legal actions may be available to you, a good place to start would be to contact the Illinois Department of Labor regarding the OT issue and to contact either the Illinois Department of Human Rights or the Equal Employment Opportunity Commission (EEOC) regarding your claims of discrimination. Both agencies do not require that you have an attorney representing you, though it may be beneficial to you if you do. I would suggest...

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Can the president of a sub-chapter s corp, who controls the corporate finances, write business checks for personal expenses?

Your question seems to be centered around the tax effects of such payments. However, have you considered the effect to your corporation itself? You may be commingling assets, which could result in personal liabilty should a creditor attempt to pierce your corporate veil. Disclaimer: This response is for informational purposes only and does not constitute legal advice or a substitute for legal counsel. This response is formed based upon the facts given as interpreted. Unknown or variable...

Use of "Inc" in a name illegal if not incorporated

No, if the business is not registered with the Secretary of State as a corporation, you should not use the Identifier "inc." or "corp" in your company name.

My old Prop mgr is refusing to transfer the money held as a security deposit to the new property management.

You stated you cancelled the Agreement. Did you cancel or terminate pursuant to its terms?Was there a provision for transfer of the security deposit upon termination upon breach by the property management company? Also, you stated that you termated the agreement for fraudulent use of funds. Have you investigated whether criminal charges may be appropriate? You cannot use the threat of criminal charges as a negotiation point, but if fraud was at issue it could be a criminal matter. If you feel...

I am a 51% shareholder of an llc partnership. It is not profiting and only myself knows the business of construction. can i fire

Unfortunately this is not a simple answer. To answer would require a review of the Shareholder Agreement (if any), By-laws, any employment agreements in place and possibly other documents. Also, it is unclear who you are trying to fire. Employees? The other shareholder(s)?