Skip to main content
Eric J Camm

Eric Camm’s Answers

226 total


  • Can corp officer give power of attorney to her friend to act on her behalf due to language problem to attend corp meetings?

    A corporation has problems with CFO but has language problem, can she appoint a representative by issuing a power of attorney, so representative can attend corporate meetings with voice and voting right? Is there a sample or template for this typ...

    Eric’s Answer

    Whether or not it is currently permissible - the Board could take steps to amend the governance documents of the business to make clear that officers and directors cannot be represented by proxies for purposes of conducting the affairs of the business.

    Meet with your corporate attorney or set up a consultation with a business attorney to look at ways to add clarity to this situation and ensure that the Officers and Directors of the companies are in fact the individuals making the decisions.

    See question 
  • Is it Illegal for a client to hire a woman to take him a shower for cleaning purposes only?

    I'm trying to start a business, Clients will call me to set up appointments where woman take them a shower in the privacy of there own home. The woman( our employees) will be wearing a bikini. There will be no type of sex acts what so ever. She wi...

    Eric’s Answer

    You should consult with an attorney in TX who has expertise dealing with businesses in the adult industry. To start any business like the one you are talking about is going to require someone who knows every regulation and licensing requirement that you will face.

    See question 
  • Rights of a 30% Shareholder

    I have a small one person Mortgage Broker Company where I am the sole owner. 3 years ago I had a 30% shareholder and I 70%. I found her husband to be very unethical in his business dealings and when confronted he asked that I move my company ou...

    Eric’s Answer

    Simply amending the AOI to change the name or corporate address would not necessarily affect the capitalization of the company. I'd go through your corporate governance documents to determine what documentation there is to establish that you are in fact the sole owner of the company. You should probably contact a business attorney in SC to get a consultation on this, as they will be able to give you a good idea of where things currently stand.

    See question 
  • An audio business (in the same plaza) is too loud. They're several doors down but their noise is driving away my clients.

    My clients come to my business for relaxation. The noise is driving them away and affecting my business. I've asked them to lower the noise but they haven't willingly obliged. What can I do?

    Eric’s Answer

    I would consult with a local attorney to determine if the action they are taking may constitute a nuisance. It's a little used area of law but if their use of the premises creates a nuisance for everyone around them - you may be able to get them to reduce their noise creation to where it doesn't disturb everyone else.

    Nuisance laws vary so it may not be applicable to your situation, but I'd contact a local AZ attorney to determine what the local regulations are and how they apply.

    See question 
  • I need advice on a personal matter that has effected my business "corporation".

    I have had a successful small corporation that is a home based business that resides on my property and my dads home residence since 2007. The corporation is solely mine. My dad started dating a women who is now trying to conduct the same busine...

    Eric’s Answer

    You should learn more about intellectual property and how to protect it. Trademarks, Copyright, etc. The more you do to protect your business the easier it will be to enforce your rights if someone is just copying what you are doing and holding it out as their own.

    See question 
  • CFO fails to disclose accounting records to corporate officers for review & audit, power of attorney

    CFO grabs all cash & checks to deposit to corp bank acct, but found out some money was not deposited, this caused company's bank account to be deficit, all 3 owners must deposit $2000 each to keep business running, no proof of CFO's deposit, CFO s...

    Eric’s Answer

    You should retain a lawyer immediately to take the necessary steps to get the company's financial situation figured out, and regain control of the finances. Also as pointed out by Mr. Corigan - the BOD should fire or suspend the CFO pending investigation.

    Contact a local business attorney ASAP as they will be in the best position to help you protect yourself as well as re-establish control over the company.

    See question 
  • When selling a personal fishing camp, does it matter if the 2 different partners want to buy under an LLC ? Pro's and Con's

    The property is residential not commerical. I'm running a fishing charter and camp rental business but the new buyer's will not have the rights to do the same without special permission from land owners, like I had to do. I'm only able to sell thi...

    Eric’s Answer

    Who you are selling to is important but not as important as the protection you gain out of the purchase and sales document(s). As mentioned in the previous answer - get a good business attorney to represent your interests on this transaction.

    See question 
  • My husband and his business partner signed PERSONAL LOAN GUARANTEES to obtain a Wells Fargo Loan to buy a property in Arizona.

    My husband died Dec. 2012. The AZ property value is now 1/6th of original in 2005. Can Wells Fargo come after my assets even if I did not sign the guarantee and had no prior knowledge of this? We have a living trust established in 2001.

    Eric’s Answer

    I would also consult with an attorney in Arizona as they will be able to tell you whether or not Arizona is a state where both spouses have to sign and acknowledge a personal guarantee before it can bind the marital estate.

    There are a number of good firms in Phoenix that handle matters like this.

    See question 
  • Sole proprietorship or LLC

    I am creating an e-card line, can I create an easier sole proprietorship or do I need liability protection and need to form an LLC.

    Eric’s Answer

    You can move forward as a sole proprietorship but your personal assets will be at stake if there is ever any dispute or litigation that arises out of the business. Forming an LLC or other entity allows you to protect your personal assets (with some restrictions) from any legal dispute.

    Most formation work is relatively straightforward and inexpensive. Talk to a good lawyer in your town and educate yourself further on what you'll need to to do.

    See question 
  • How do shell companies work, and can you legally use them to form your own company?

    Are their any advantages in owning or starting a shell company, and if you did buy a shell company could you rename it to in order to keep the established credit...(by credit I'm referring to the established time the shell company ha been running)...

    Eric’s Answer

    If you are just looking to start a company then you should not be worried about "shell" companies. That term is used in the securities world for companies that were once reporting/filing with the SEC but have gone defunct. The reason they arguably have any value is very complex. beyond that, a good "shell" company is very expensive to acquire.

    If you want to start a company - get a consultation with a good business attorney in Pittsburgh. They'll be able to walk you through the incorporation process which will be much more affordable.

    See question