Questions answered by Dana Howard Shultz

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Can the current board impose a restriction of qualification of chairperson on the next board for year 2014?

Dana's answer | Answered on November 26, 2013

I would be surprised if there is any basis, in the bylaws or otherwise, for the chairman's "explanation". You can (a) send him a written request...

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Can the board of directors whose members are department managers over ride the decisions of the owner/acting president of the s

Dana's answer | Answered on November 26, 2013

The board *can* override the president. The president serves at the pleasure of the board of directors, which means that (absent an express...

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No bilaws to a board of directors whose members are merely employees of the not publically traded s corp.

Dana's answer | Answered on November 26, 2013

One would need many more facts to understand precisely what your concern is and answer your question fully. Repeating and expanding upon...

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In a partnership do both partners own all the assets? How do I legally claim entitlement to specific assets?

Dana's answer | Answered on November 26, 2013

You have a tricky situation. As Attorney Ashouri noted, absent an express partnership agreement, each partner has an undivided proportional...

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I entered a contest that failed to award the price to anyone. Does a company have an obligation to abide by its own rules?

Dana's answer | Answered on November 26, 2013

Possibly. A lawyer would have to examine all of the relevant documents and facts - more than the limited facts you have provided - to render an...

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Without official equity what should I do if my company is being acquired?

Dana's answer | Answered on November 26, 2013

A lawyer would need to investigate this matter much more thoroughly before rendering an opinion. No one can answer your questions properly based...

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A California LLC 17 years of no filings, still listed as active: How come? Am I missing something?

Dana's answer | Answered on November 26, 2013

I don't expect that anyone on Avvo can answer your question with certainty. Perhaps 15-17 years ago, when failures to file should have triggered...

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How can a non-profit corporation sue a private owner of a commercial building?

Dana's answer | Answered on November 26, 2013

I agree with my colleagues: Given the amount at stake and the facts you have provided, you need to retain a lawyer ASAP.

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Does my non-profit have access to an active insurance claim on a burned down building It is now an owner of?

Dana's answer | Answered on November 26, 2013

A lawyer would have to obtain, then examine, the applicable insurance policy and other relevant documents (e.g., purchase agreement) and facts to...

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Looking for a CPA/Accountant/Lawyer to help me. Non US resident, want to incorporate a business in US. How much in taxes?

Dana's answer | Answered on November 25, 2013

I have helped ~40 foreign clients bring their businesses to the US and have blogged extensively about the challenges that they face. I am not a...

Dana Howard Shultz's Answers (5175)

Can the current board impose a restriction of qualification of chairperson on the next board for year 2014?

Can the board of directors whose members are department managers over ride the decisions of the owner/acting president of the s

No bilaws to a board of directors whose members are merely employees of the not publically traded s corp.

In a partnership do both partners own all the assets? How do I legally claim entitlement to specific assets?

I entered a contest that failed to award the price to anyone. Does a company have an obligation to abide by its own rules?

Without official equity what should I do if my company is being acquired?

A California LLC 17 years of no filings, still listed as active: How come? Am I missing something?

How can a non-profit corporation sue a private owner of a commercial building?

Does my non-profit have access to an active insurance claim on a burned down building It is now an owner of?

Looking for a CPA/Accountant/Lawyer to help me. Non US resident, want to incorporate a business in US. How much in taxes?