Ryan Steve Alexander’s Answers

Ryan Steve Alexander

Contributor Level 10
  1. What is the point of the Anti-Spam CAN Act laws if no one seems to be punished for spamming?

    Answered over 1 year ago.

    1. Ryan Steve Alexander
    2. Michael Charles Doland
    3. Martha Bronson
    4. Andrew Mark Jaffe
    4 lawyer answers

    You might see federal enforcement in very egregious instances, but generally, no, spammers aren't punished unless other violations of law are also ventured by the spammers. You might try the California AG's office as there are privacy laws in California that are stiffer than the federal laws, particularly if you have no relationship with the spammer, and these laws also provide you civil relief, although the economics of bringing suit don't bear a positive result unless you're considering a...

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  2. What is the process and level of complexity to transfer an active CA LLC to a new owner?

    Answered almost 2 years ago.

    1. Ryan Steve Alexander
    2. Tali Alice Buchman
    2 lawyer answers

    The state recognizes the name, and they also recognize the transfers of ownership in the name, sort of. For the transfer of an LLC name from your former partner ("FP") to you, you'll first need to change the FP's LLC business name to something different. You'll then need to change the name of your LLC, if you have one (or a business name reservation if you don't yet). To create the documentation to do these changes, you'll need to change the applicable articles of formation and the...

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  3. If you have an LLC, can you own less than 50% equity, but have majority control?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Ryan Steve Alexander
    3. Frank A. Natoli
    4. Dana Howard Shultz
    4 lawyer answers

    From an interest-holder to total interests-outstanding perspective, with all interests being the same interests, no there is no majority control with less than 50% ownership because you don't possess a majority of the interests. My assumption is that you're seeking confirmation of this fact, and a means to circumvent this process. As to the instances to which my colleagues have alluded, you can acquire power/control of the company with a variety of tools, e.g. proxy agreements, different...

    6 lawyers agreed with this answer

  4. I have signing Authority for our company account. If the company is fined by state agencies do have I personal liabilities?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Andrew Kevin Jacobson
    3. Frank Wei-Hong Chen
    4. Ryan Steve Alexander
    4 lawyer answers

    Agreed. If the entity was soundly created, you're not personally culpable for any wrongful actions outside the scope of your employment, and you're only a signatory, your risk of suffering personal liability is low.

    6 lawyers agreed with this answer

  5. LL Partner ( 50 / 50 ) has decided to shut down the business on his own . We don't have an operating agreement .

    Answered almost 2 years ago.

    1. Andrew Kevin Jacobson
    2. Michael Charles Doland
    3. Ryan Steve Alexander
    4. Madanmohan Singh Ahluwalia
    5. William F. Bernard
    5 lawyer answers

    If the business is owned 50/50, and there is no resolution process for the deadlock, then the company could be shut down by a partner with a petition to a court for the dissolution of the company. You're facing an issue there because neither party can force the other do anything on behalf of the company. If your partner is competing with the business with a new venture and no operating agreement permits such activity, you can file suit on behalf of the LLC to enjoin such behavior as it...

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  6. Convertible note SEC/state registration requirements?

    Answered almost 2 years ago.

    1. Ryan Steve Alexander
    2. Tali Alice Buchman
    3. Jeffrey Ferris Clark
    4. Gustav Lloyd Schmidt
    4 lawyer answers

    Convertible notes require registration unless these are otherwise exempt from the registration requirements. This is applicable to both the SEC and California, not Delaware. Assuming the offering qualifies for a federal exemption, you can file an exemption in California using the same basis as the federal exemption. These are accepted by the California Department of Corporations Securities Regulation Division. If you are an issuer, I strongly encourage you to enlist the assistance of...

    5 lawyers agreed with this answer

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  7. Should i switch from a criminal lawyer to an appellate lawyer?

    Answered over 2 years ago.

    1. Mark P. Maciolek
    2. Ryan Steve Alexander
    3. Ted Harvatin
    3 lawyer answers

    You should ask your lawyer whether he's handled appeals before, and whether he's capable to represent you during the appeal process. You want a good feeling about his/her writing skills. There are courtroom lawyers which do their most and best work in the court room, and there are lawyers which draft appeals and responses to appeals. Your lawyer may be able to do both, have another lawyer in his office that specializes in this type of work, or he might be solely a courtroom lawyer. You...

    7 lawyers agreed with this answer

  8. I am suing an individ and his corp in small claims court. Can Defendant bring his attorney's ass't to represent his corporation?

    Answered over 2 years ago.

    1. Ryan Steve Alexander
    2. Robin Mashal
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I agree with Mr. Chen. If attorney's brother is not a lawyer and not a witness, he should not be able to appear or represent the defendant. Getting the person ousted from the court room sounds like a significant burden of proof to connect the relationship between the defendant's attorney and brother, and affirming that he is not an employee of the company. You could have credibility issues if you pursue this ousting in favor of prosecuting your own case. I would ask the judge's...

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  9. What documents do I need to file with the SOS when an LLC member withdraws?

    Answered almost 2 years ago.

    1. Ryan Steve Alexander
    2. Michael Charles Doland
    3. Jeff Hoang Pham
    3 lawyer answers

    Refile the statement of information if the managers, officers or agent for process has changed. No other filings are required as ownership changes aren't reflected (unless the interest is publicly traded - most likely not). If there are certificates of ownership for the withdrawn member, cancel the certificate evidencing the departing member's ownership, get a buy/sell agreement, transfer document or bill of sale to reflect the reversion of the interests back to the LLC or to the other...

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  10. Dissolved Corporation sued along with a shareholder as an individual. Only Shareholder answered. Default against corporation.

    Answered almost 2 years ago.

    1. Peter Collins Freeman
    2. Ryan Steve Alexander
    3. Richard Scott Lysle
    4. Glenn R Reiser
    4 lawyer answers

    The issue is whether the corporation performed the appropriate steps to wind-up and dissolve according to the California requirements for dissolution. If done so propertly, the corporation may have no liability to the credit card company, and the dissolution documentation would suffice as evidence that no debt exists in the debtor's examination. Find out what happened in the dissolution process, whether this was an administrative dissolution for the failure to file fees to the California...

    5 lawyers agreed with this answer