is a business required to file an annual statement with dept of lara every year to operate as a llc?
Yes it does.See question
I currently have a For-Profit Corporation in Michigan, and don't want to sell my shares publicly. Can I leave my Corporation as a For-Profit Corporation and only sell my shares privately? or Do I need to move my Corporation to another state to be ...
There appears to be some confusion on your part here that is not clear based on your question. First, you already have a private, closely held corporation, unless you created a public corporation and had an initial public offering when you opened. I seriously doubt you did this or you would know it already.
Are you trying to find out if you have an entity that has pass through taxation? If so, this has nothing to do with selling your shares. You elect this type of tax treatment when create the entity and you can only do this with an S corp. or an LLC.
All this said, as was previously mentioned by the other attorneys who have responded, you can sell your shares privately as long as your disclosers and or PPM's comply with SEC filing requirements, or the exemptions thereunder, as well as the State of Michigan Blue Sky laws. There is NO WAY an attorney can talk you through this on the internet - far to complicated and expensive. What you need to do is hire a good corporate lawyer who can handle these matters and can also clarify your questions. Good Luck.
A company asked us to bid on a portion of job that they were bidding on for the DOD. When we asked for the drawings we were told the government would not provide them until the contract was awarded. The drawings we received after the company was a...
I am going to agree with one point that has already been brought up - a Purchase Order is not a contract, it is merely an offer to contract and signals an intent to commit to the terms of the Agreement.
As for the second portion of your question, dealing with engineering - there are very specific terms under the FAR and the DFAR (the Federal Acquisition Regulations and the Defense Acquisition Regulations) that guide how the DOD handles engineering problems. You want to speak to a attorney that has experience contracting with the federal government, and more specifically the DOD. This is NOT the same as dealing with general contracts at law and is much more involved.
You probably do not have a problem, as long as the info is disclosed up front to the DOD purchasing agent . If you wait too long, you might spoil a bid and not get federal contracts awarded to you in the future. Good Luck.
All it says is I will not directly or indirectly compete with her previous customers or the customers she has right now, ever. I would assume because it doesn't say when, its not binding.
Non-compete clauses that state you will not compete for an existing client, without a specific timeline attached to it, just as you have described, are most definitely enforceable in Michigan. What is probably not enforceable, is the language that states you will never do it. This depends on the business you are in. Time limits and geographical limits are enforceable if they are considered "reasonable". To define what is "reasonable" you will need to speak with an attorney familiar with your particular industry, how the judges in your circuit might rule, and the law in the area of non-competes. What industry are you in? What does the language of the whole contract say, etc.? These are things that you will want to talk to someone well versed in this area of law about before you take action. Don't do something and then find out you got yourself slapped with an injunction by your former employer. There are ways to address this up front. Good luck.
3 months into working for the current company i work for i was forced to sign an employment contract in order to keep working there. I failed to obtain a copy of this contract out of my own naive misconceptions about contracts and their legality. ...
Yes you are. If you can not get a copy of it or any of the documents in your employment file, you can write a letter to your employer and request a copy under the Bullard-Plawecki Employee Right to Know Act. If they do not get you a copy of everything in the file, they can be fined. If you have questions contact an attorney and they can make the demand for you. Good Luck.
I was asked to leave the building and I had to learn another job while the person who was harassing and threatening me was never disciplined. She continues to harass me and nothing is being done. I have exhausted every chain of command I know. I n...
The facts as you represent them sound very odd. Chrysler is well aware of the workplace harassment laws as well as the fact that management has to be given the opportunity to address the problem and try and resolve it. Normally these things are handled right away so they don’t grow. Are you a union employee? If so, you would want to take the issue to your Union Rep to discuss it and have it resolved. If you are not a union employee, you have already taken the appropriate step of putting management on notice that there is a problem and giving them the chance to resolve this issue. What is odd here is the resolution you say that has been taken.
If Chrysler isn’t going to take this seriously, you may want to speak to an attorney about a workplace harassment claim. These can take various forms and there are multiple steps that have to be taken to make them stick. You won’t be able to resolve it by talking to someone on line – much too complicated. Good Luck.
Termination was 8-13-13 due to policy violations which she was warned not to do. Employee cried and begged for job. Answer was NO. In 1 month over a dozen customers have reported the employee telling them not to do business with company because we...
Business disparagement / defamation claims are technical and revolve around what the contract or employee manual state, what was actually stated and how, and (normally) whether or not there are any actual damages that can be proven. In your case, the last part dealing with damages may not have to be proven if you have an agreement in places that provides for damages if the employee makes disparaging comments. All of this said, an attorney is going to have to go over you employee handbook and review what is in place, and soon. This is certainly NOT something that can be done over a website.
I would recommend that you contact a good business attorney to review the case, and if necessary get a cease and desist order in place before you file suit. One problem you may have is the employee may have nothing to lose, i.e., money, thus they might be uncollectable. If this is the case they just don’t care about what is said or done.
Again, a good attorney needs to review and weigh the facts and analyze the steps that need to be taken to make this work in your favor. However, if they are disparaging you and you have facts proving it and witnesses that will make statements about what was said and when, the law in Michigan is on your side.
Good luck. If we can help, let us know.
my attorney will handle my case on contingent fee but just in case if I lose what is my monetary expenses and will I be liable for the employer expenses too I want to know before taking any risk
This is difficult to say and really depends on the retainer agreement you have with your attorney. You should definitely have this discussion with them so you both are on the same sheet of music.
If you were my client and I took the case on contingency, if we lost, you would not have to pay for my time invested in the case, which could add up to thousands of dollars in time. However, you would still be responsible for fees, such as doctors or expert witness fees, court costs, and deposition fees. Other attorneys do this different and they absorb all of the costs. As I said, it depends on the retainer agreement you have with your counsel.
As for the opposing side’s costs if you lose, that doesn’t matter. Our system doesn’t make you pay for the other side’s costs and attorney’s fees if you lose.
As I have said, talk to your lawyer up front so you are both have the same understanding about what your potential financial risks are in the case. This should have been made clear to you before you signed the retainer, but that is just my opinion. Good luck.
Issue is I have no control over the clients I receive !! This is not controlled by me. I was told by manager I was too old for position and belonged in a soft cushy job somewhere. Huh ? I am fifty. Next I am a mid level engineer, but the work ...
I agree with both of the previous statements that have been made. However, if you are truly a consultant, there is a good chance that you have no right to make a claim for discrimination based on age, because you may have waived that right when you were hired to consult. Consultants and independent contractors do not have access to the traditional discrimination claims that are applicable under law, because they are hired as a company to do a specific job and then they leave. They are not employees. It all hangs on the terms of your contract with the company.
I also note that you are in Dearborn and I am making an educated guess that you are an automotive consultant. If that is the case, these types are terms are very common in that industry. I know, I have written and reviewed a lot of them. I would be happy to read your contract for you. Good luck.
Like I mentioned, I formed an LLC in Michigan, just in name only, about approx. 10 years ago, every year filed to keep the name. There is another company in MI that is using the same name but in corporation form and they are doing business nationw...
Yes, this is some you can try to do yourself, but this is a technical motion that someone will have to the court and argue, whether that is you or an attorney. I realize that you don’t want to hire someone, but in this case you might want to consider spending a few dollars to make sure the technical court requirements are met. It will also be less expensive for you in the long run.
I would have an attorney file an Answer to the claim stating that you are an improper Defendant, wrongly named, in this matter. Thus you have nothing to do with the matter and request to be dismissed. However, before they do that, the attorney needs to make a limited appearance contesting jurisdiction of the court stating that you are a Michigan business with no ties to California and thus, the court has no jurisdiction over you as a Defendant, except to dismiss you from the case. As I said, it is relatively easy, but it is a technical argument that you want somebody to get right the first time so you are dismissed from the case. Good luck.