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Corporate Governance and Legal Compliance/Questions Answered by Expert John Varghese

SubjectDate Asked
not for profit corp. contracts5/24/2012
  Q: At the age of 15 years, I entered into a contract to become a member of "Christian Congregation of ...
  A: When I said your contract is void for want of consideration, what i meant was that there was no ...
not for profit corp. contracts5/23/2012
  Q: At the age of 15 years, I entered into a contract to become a member of "Christian Congregation of ...
  A: One of the basic premises for entering into a contract is that it should be supported by valid ...
Failure to have shareholder minutes notarized12/22/2011
  Q: Must shareholder meetings be notarized and recorded via a public instrument to be legally binding? ...
  A: As far as I know, there is no requirement for a shareholder meeting minutes to be notarized. ...
Increment arrears not received after resignation9/27/2011
  Q: I was associated with my last employer almost for 5 years. In last June I have relived from my ...
  A: Generally increments are the discretion of the employer and employee would not have any right to ...
photography8/31/2011
  Q: but here goes: I am creating a calendar. I have a bunch of models that are going to pose for the ...
  A: It would be better to make your arrangement in a contract. But as per law of contract, a contract ...
Law Corporate Question5/30/2011
  Q: I have a question. I own 20% of a USA company and have a daughter, if something should happen to me ...
  A: If you are a shareholder, you just need to register a nomination in respect of all the shares you ...
S-Corp with a DBA5/18/2011
  Q: Myself and two friends started a Management company and filed for it to be an S-Corps. The purpose ...
  A: To answer the questions cryptically: 1. It is possible to take the salary from the DBA account. 2. ...
501(c)(6) chapters using parent EIN4/29/2011
  Q: There is a FL 501(c)(6) corporation that allows chapters to join. To join they must go through a ...
  A: To understand this position, I need to know how the corporation is organised. Are the chapters ...
California S-Corp Board Member Dies3/7/2011
  Q: I have a situation where 1 member of a 3 person S-Corp board died. The deceased (Mary) has 50% of ...
  A: John will not automatically become administer of Mary's affairs unless there is a will. He has to ...
Need help on Releiving after Resignation2/2/2011
  Q: I am working in a limited company in M.P, India from 2nd November 2009. I have given resignation on ...
  A: Since you have not received any confirmation letter, I would suggest you to issue a letter to the HR ...
clarification about resignation12/4/2010
  Q: Sir I am a fresher working in one of the top IT company.But my profile is IT infrastructure ...
  A: Registering at National Skills Registry is a purely professional process, without any legal ...
Relieving after resignation11/24/2010
  Q: Greetings of the day! I am working in a limited company in India for last 3 years. I have given ...
  A: There is no law in India that prohibits receiving salary from two employers. For example,if you are ...
Relieving after resignation11/24/2010
  Q: Greetings of the day! I am working in a limited company in India for last 3 years. I have given ...
  A: Keep things simple and thats what you want right now. You need to first decide which should have ...
Relieving after resignation11/22/2010
  Q: Greetings of the day! I am working in a limited company in India for last 3 years. I have given ...
  A: In your case, as far as the legal position goes, you are bound by the terms of the agreement you had ...
Liability11/15/2010
  Q: John, a company in California provides group health insurance as an additional ammenity to members. ...
  A: Well so long as the group health insurance is a product of the insurance company, the relationship ...
Brand Value; measure11/2/2010
  Q: My father is planning to separate from his business partners. At the moment we would like to know ...
  A: The exact assessment of brand value is done by an auditor and not a lawyer and hence you are ...
Regarding relieving letter10/11/2010
  Q: but I have few more queries regarding this. I would like to ask you that can they send me some court ...
  A: I think you are mentioning the relieving letter. There is no chance that they can send you any ...
Regarding Relieving letter10/8/2010
  Q: I am working in a reputed company and I am new joinee here, I have joined the company on 27th Sept ...
  A: If you have already paid the bond money, the company does not have any reason to withhold the ...
Closing Corporation10/5/2010
  Q: This is about dissolving a company in California. And this question partains to Item 3 on the ...
  A: There will be a date in the application to specify the last date of business, and after the date ...
Closing Corporation10/5/2010
  Q: This is about dissolving a company in California. And this question partains to Item 3 on the ...
  A: In your case, if you have left no assets for the company which can be used for settlement of debts, ...
Choosing the correct attorney9/26/2010
  Q: Mr. Varghese, With so many attorneys specializing in different fields, I have no ...
  A: I may not be able to help you out by suggesting an attorney, but I may be able to advice you that if ...
credit delinquency9/10/2010
  Q: I became unemployed a little over a year ago, couldn't find a job so began collecting social ...
  A: I think it is not a good idea to leave the case unattended and allow a judgement to be passed ...
Conflict with church board members8/3/2010
  Q: It is a conflict of interest for a pastor to serve on the board of directors (VP) of the church.
  A: It depends. A pastor has got a tremendous influence among the members of the church, but since a ...
Distributing Free Software7/26/2010
  Q: I have noticed that many Freeware have a legal note stating “free for non-commercial use” I wanted ...
  A: When we are talking of software, we need to understand that the word "free" is used in the sense as ...
Please advice7/9/2010
  Q: I am in a mess. I recently rented a place by looking at an ad. The landlord 35 Years old male lives ...
  A: Since your land lord has clarified that there was no theft, and that he had taken the computers with ...
176,006 local government code6/2/2010
  Q: I am a small one owner graphics firm that is trying to design yearbooks for schools. I was asked to ...
  A: Conflict of interest simply means when doing business with a firm, you dont have any interest which ...
copyright infringement5/2/2010
  Q: I want to send a celebrity a t-shirt that has his name and phrase (copyright) on it. I am not ...
  A: So long as the celebrity appreciates this gesture, there would not be any problem. However it would ...
New Corporation3/6/2010
  Q: Just started a corporation for a new business. I have received all the paperwork (EIN, corp. books ...
  A: It is assumed that you have got the certificate of commencement of business,and all other relevant ...
Registered agent1/26/2010
  Q: Greetings and thank you for taking my question. I am a partner in a small LLC. We incorporated ...
  A: First of all, we need to know in which country and in which state you have registered the LLC, since ...
Shareholder Rights1/26/2010
  Q: Hopefully you can answer a question for me. I own 20% of the shares of a small California ...
  A: Please make a complaint to Companies Department of California, as a minority shareholder pointing ...
corporate governance1/19/2010
  Q: i want to know that what is corporate governance and how we find that ,any companies how apply ...
  A: Tanu, Corporate governance is nothing but best practices adopted by companies to bring in better ...
Make holding company a member of operating co?1/18/2010
  Q: Is there any reason to make a planned holding company LLC (wife and me as members) a member of our ...
  A: I think you have missed my point- the point is- you/wife/operating company does not have any ...
Make holding company a member of operating co?1/16/2010
  Q: Is there any reason to make a planned holding company LLC (wife and me as members) a member of our ...
  A: The reason for making the company a member is for you to figure out. What I can advice is whether it ...
updating past corporate records1/2/2010
  Q: For a C-corp, how can the corporate records and minutes be updated for year's past? Is this ...
  A: If the filings are perfect, better not to go into the past, but focus on future record maintainance. ...
updating past corporate records1/2/2010
  Q: For a C-corp, how can the corporate records and minutes be updated for year's past? Is this ...
  A: The question can't be answered unless I am told the purpose for updating records for 15 years. ...
New Board of Directors for previously inactive Corporation?12/27/2009
  Q: I'm helping a small business right now and have a question about the board of directors. 15 years ...
  A: While it all depends on what paperwork has been submitted as well as the Memorandum of Association ...
sale of company or shares12/1/2009
  Q: I want to sell my interest in my company. It's a privately owned close corporation in California. ...
  A: Since the person whom you have found is just negotiating a deal and is not coming within the ...
Two possible cases11/25/2009
  Q: Both of these cases have some complexities to them, so I will try to be brief. All I am really ...
  A: In both these cases you have a good case and if you file a case you have every chance to succeed ...
Are you able to help?10/1/2009
  Q: I realize that this isn't a civil matter but I was unable to find a All experts listing for criminal ...
  A: First of all let me appreciate for the good work you are doing. Only a few people has the moral ...
long gone sell by date9/24/2009
  Q: I was wondering if you can help me. This morning I went shopping at a large supermarket chain store ...
  A: You surely have a case!. As per food laws of most of the countries, no retail store shall stock any ...
Non Profit Organization9/1/2009
  Q: I have a question. I have been thinking of starting a non profit organization here in my home town ...
  A: n the United States, nonprofits can operate as unincorporated associations, charitable trusts, or ...
Non-Profit Organization Requirements8/30/2009
  Q: My question comes in several parts and I'm not sure which one to ask first, so I'll just ask. In the ...
  A: The answer to your question would depend on the state in which your organisation is incorporated. ...
Reasonable Expectation of Usability8/25/2009
  Q: We supply automotive parts and I'm working with a steel company who has been sending some raw ...
  A: It all depends on the terms of the contract you have entered with the steel company. Please check ...
Renting a room8/14/2009
  Q: I started to work for a company about 8 months ago where part of the agreement is that I relocate ...
  A: This is purely a personal issue, and there is no law which covers this area. The only thing is that ...
Please help!! urgent!8/8/2009
  Q: I have a client that owes my company approximately $300,000. That client (company) have 2 partners, ...
  A: Since you have a bounced cheque, and if you intend to bring an action on bounced cheque, both the ...
Leaving a Business partnership8/4/2009
  Q: I entered a partnership (LLC) in the restaurant industry, purchasing an existing restaurant. ...
  A: Your liability stops the day you leave the organisation. In case of past liability, the following ...
Business Entity6/25/2009
  Q: I am starting a new eCommerce business and will be selling products worldwide. Which business entity ...
  A: The type of business entity depends on your specific needs regarding taxation etc. Any model is good ...
dissolving or ending a corporation6/23/2009
  Q: I've had a C corporation for my insurance agency since 2000. I am planning on retirement soon and ...
  A: Either you can file a winding up application or a bankruptcy petition. I would suggest that you meet ...
401K release...5/26/2009
  Q: I don't know if this is your field of expertise...but perhaps you can still provide some advice on ...
  A: I need to explain this a bit on two fronts: Legal and Practical. First Legal. As I understand from ...
currency5/2/2009
  Q: i want to know that how much currency that can be produced in ones countries Mint for one year? and ...
  A: Vijay, This is an economics question. So far as I know, there is no law related to this, but ...
Authority to accept a corporate directors resignation4/24/2009
  Q: Company A is a non-profit. The members of company A elects Directors to corporation B, also a ...
  A: Generally Directors submit their resignation to the board of directors, which is a collective body, ...
Contral Law4/23/2009
  Q: I entered into a car rental agreement for a former associate of mine. I signed as the renter and my ...
  A: It seems you have unnecessarily mixed up issues. While the company is defenitely wrong in changing ...
USA Directorship of Incorporation4/1/2009
  Q: I have been issued a letter of appointment by a USA Inc., signed by a non USA resident, claiming to ...
  A: As I understand, this is an appointment letter, and the easiest way to avoid this is to reject the ...
Contracts3/27/2009
  Q: Can you please tell me the difference between corporate consortium and contractual consortium? I ...
  A: As far as I can understand this is not a legal topic. Consortium is the name given to a group of ...
Bankruptcy question3/17/2009
  Q: Mr. Varghese: I recently won a judgment against a former employer who did not pay me a significant ...
  A: In this case, the decree was obtained after the filing of Chapter 13. While it is an automatic stay ...
Bankruptcy question3/17/2009
  Q: Mr. Varghese: I recently won a judgment against a former employer who did not pay me a significant ...
  A: I would need a couple of clarifications before I can fully answer your1. Did you obtain the ...
interstate registration3/9/2009
  Q: Does a corporation registered in Nevada need to register as a corporation in Florida and California ...
  A: When you initially incorporated your business, the State in which you filed is the only State in ...
Should I form a foreign entity or a new corporation?3/7/2009
  Q: I currently have a company in Colorado and I need to setup another location in Texas and I would ...
  A: The question is not clear. The question whether you should form a foreign entity or a new ...
SSI,Patriot Act, no part-time employ3/3/2009
  Q: I'm a disabled man of 44 collecting SSDI. Shortly after the Patriot Act was passed in 2001, it seems ...
  A: First a word of caution: I am not residing in USA. As far as I understand about the US laws, the ...
USA Directorship of Incorporation3/2/2009
  Q: I have been issued a letter of appointment by a USA Inc., signed by a non USA resident, claiming to ...
  A: There are two ways: either you can check up in the company's website if any or you can check the ...
SSI,Patriot Act, no part-time employ3/1/2009
  Q: I'm a disabled man of 44 collecting SSDI. Shortly after the Patriot Act was passed in 2001, it seems ...
  A: I need to know a few things before I venture to answer your1) Apart from your disability, is there ...
Recall from previous questions2/18/2009
  Q: John, In the previous questions, you quoted section 11303. Do all these rules still apply if the ...
  A: It is applicable to all public offices. Normally such associations come under the defenition of ...
Homeowners association board removal2/17/2009
  Q: John, My community is located in California. We have recently submitted a recall petition for the ...
  A: As I understand, your calculation is correct, though for a different reason. It is not the election ...
Homeowners association board removal2/16/2009
  Q: John, My community is located in California. We have recently submitted a recall petition for the ...
  A: As I understand, as per California Law, recall is considered not on the basis of membership of ...
Homeowners association board removal2/15/2009
  Q: John, My community is located in California. We have recently submitted a recall petition for the ...
  A: As per California Law, the following is the provision applicable for withdrawal of the recall ...
How can I prove this due bill was false?2/6/2009
  Q: I met my boyfriend on Mar. 2002. He's unemployed. we moved together in June. In Oct. I was pregnant. ...
  A: If you can prove that in 1999, there was no chance for you to have met this boyfriend, you have a ...
How can I prove this due bill was false?2/4/2009
  Q: I met my boyfriend on Mar. 2002. He's unemployed. we moved together in June. In Oct. I was pregnant. ...
  A: Seems you have entered into a legally binding obligation by signing the due bill. In fact what you ...
vehicle purchase agreement1/25/2009
  Q: I have signed a vehicle purchase agreement one day ago and decided I do not want the rust-proofing ...
  A: If you write to the company stating that while signing the vehicle purchase agreement you had never ...
Power of Attorney1/22/2009
  Q: I we reside in Florida. My mother is 87yrs old, and i want to become guardian of her so that she can ...
  A: Power of Attorney is not a solution, since it is meant to allow a person to represent another ...
Company law1/12/2009
  Q: Can you please help me on this? One of the director of a property maintenance has a piece of land ...
  A: The company can purchase the land, provided proper disclosures are made to the board about the ...
wage decrease12/27/2008
  Q: I was a member of management in a retail food chain and decided to go part time while taking part in ...
  A: If there was a written agreement, based on which your parttime wages were fixed, there is some hope. ...
Board of Directors11/15/2008
  Q: How can you discipline a Board member for tardiness and absence to Board Meetings?
  A: Bring a resolution to remove him from the board. If you dont want to go that far, resolutions can be ...
Dissolving a corporate partnership9/22/2008
  Q: My partner (who is an officer in the S-Corporation) has decided to leave the corporation for health ...
  A: In that case, it is better to make an agreement containing the details of separation. Also make a ...
Dissolving a corporate partnership9/21/2008
  Q: My partner (who is an officer in the S-Corporation) has decided to leave the corporation for health ...
  A: To answer this, i need to know, which capacity he held in the company- was he just an officer, or a ...
LLC9/16/2008
  Q: Is there any way as to find out the names of members in an LLC ? Thank You Tom C.
  A: Yes. The incorporating document of every LLC is a public document.So are its Articles/Memorandum of ...
corporate governance9/9/2008
  Q: sir i am unable to find the answer given to meena please mention the date or please resend the ...
  A: Please find below the answer: hi, infact Corporate governance is a misnomer. It is actually Good ...
Strategic management9/8/2008
  Q: Explain the concept of Corporate Governance. Why has it become necessary for business houses to have ...
  A: infact Corporate governance is a misnomer. It is actually Good Corporate Governance. The concept has ...
information system for managers9/8/2008
  Q: 1. How do technological advances affect the spread and use of the Internet? What industries should ...
  A: I should not have attempted to answer this question,since this is better explained by a manager/IT ...
Corporate consents9/6/2008
  Q: What is the difference between corporate consents and corporate records? I incorporated several ...
  A: I am unable to understand the first part of your question. Can you explain your question a little ...
Church - School conflict of interest8/20/2008
  Q: Our church makes official decisions by membership vote. We recently voted to host an independent ...
  A: I dont see a conflict of interest position for the following reason: 1) The church is not a legal ...
statement of information8/19/2008
  Q: Varghese--My husband & I incorporated a small business in Jan '05. We've kept minutes of meetings ...
  A: Seems its better to give charge to your attorney. My view is that it is always better for you to go ...
c corporation8/3/2008
  Q: How can my wife and I start a c corporation and not own any stock or shares. I only want to be an ...
  A: It seems to be difficult. Legally you cant be an employee and yet be in complete control. Even if ...
c corporation8/3/2008
  Q: How can my wife and I start a c corporation and not own any stock or shares. I only want to be an ...
  A: Corporation is a seperate legal entity. There has to be some one who should subscribe to the shares ...
c corporation8/3/2008
  Q: How can my wife and I start a c corporation and not own any stock or shares. I only want to be an ...
  A: Since you are in bankrupcy, it would be difficult for you to start a company. However a way out is ...
Job Interview7/20/2008
  Q: What are your thoughts on giving your employees the power to decide the best way to resolve customer ...
  A: Though this is outside my expertise, I am sharing my views with you, which are purely personal. As ...
Corporation vs LLC funding and management6/18/2008
  Q: I Have a product to sell. A peppermint candy with caffeine added. I am trying to decide on LLC vs ...
  A: All these positions cannot be held by the same person. You need to have one President and one ...
Corporation vs LLC funding and management6/18/2008
  Q: I Have a product to sell. A peppermint candy with caffeine added. I am trying to decide on LLC vs ...
  A: No. A Corporation should have some employees,some of which are mandatory as per Companies Act. LLC ...
corporation question6/2/2008
  Q: I started a business with my ex girlfriend and started a corporation to put the business under. ...
  A: If there was a clear mention in the documents you filed, that the total stock of the company shall ...
corporation question6/2/2008
  Q: I started a business with my ex girlfriend and started a corporation to put the business under. ...
  A: Now I am also a bit confused. I dont understand how a corporation can be formed without Articles. ...
corporation question6/1/2008
  Q: I started a business with my ex girlfriend and started a corporation to put the business under. ...
  A: In corporations, owning the share and stock and being the President is seen as two seperate things. ...
Starting a Portal4/29/2008
  Q: I am working with one of the top IT MNC's of the world. I want to start a portal without quitting my ...
  A: Your question is clear.A petty shop owner is also employing personnel though he is running the show ...
Starting a Portal4/29/2008
  Q: I am working with one of the top IT MNC's of the world. I want to start a portal without quitting my ...
  A: 1. No need ..u can start as a sole proprietor and then consider forming a company on the basis of ...
unincorporated association4/28/2008
  Q: What is an unincorporated association and how is one formed?
  A: It is an association of persons. Any number of person can join together, and without sharing any ...
Governance reforms affecting Europe, and those implementing by Europe4/26/2008
  Q: My friend recently asked about the governance reforms in the US following the Enron, Tyco and ...
  A: The regulatory changes in US affected all companies, which had operations in US or wanted listing in ...
Corporate Governance in USA4/24/2008
  Q: Varghese, After the scandals of Enron, Tyco and Worldcom it has been suggested that there were ...
  A: The NYSE & NASDAQ listing regulations, federal regulations by SEC are some of the other regulatory ...
Incorporation4/23/2008
  Q: Does the state of FL require a termite service to be incorporated or can it be a sole proprietor? ...
  A: Normally it is ur choice, whether to incorporate any business as a corporation or not.After going ...
Loss of Corporate charter4/21/2008
  Q: Are there any legal ramifications of a corporation continuing to do business if its state charter ...
  A: Well Warran, The business may be active, but in the eyes of law, the business is not run by a ...
Loss of Corporate charter4/21/2008
  Q: Are there any legal ramifications of a corporation continuing to do business if its state charter ...
  A: Please specify the following so that I can answer this better: 1). State in which the corporation ...
How to start up a non-profit organization4/19/2008
  Q: I'm in the process of starting a business and Im trying to figure out if I should run it as a non ...
  A: A Non Profit organisation in US can be formed as either a Corporation, Association of Persons or a ...
How to start up a non-profit organization4/16/2008
  Q: I'm in the process of starting a business and Im trying to figure out if I should run it as a non ...
  A: Normally business cannot be run as a non profit organisation. Business by defenition is for profit. ...
Power of Attorney2/12/2008
  Q: I have a friend in Calif. who gave power of attorney to a man in Colorado. How can she "undo" that ...
  A: Write a letter to the power holder with cc to all those before whom the power is to be utilised ...
Conflict of Interest1/28/2008
  Q: Is is a conflict of interest for a Chairman of the Board of Trustees (Directors) to also be the ...
  A: It depends on the relationship status. If it is a pure volunteership,there wont be any conflict of ...

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John Varghese

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