Corporate Records – Shareholder Inspections

Corporate Records – Shareholder Inspections

Word Count:
484

Summary:
You're conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur?

Keywords:
corporate records, shareholder inspections, investors, small business, limited liability company

Article Body:
You're conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur?

Emotional Attachment

With small businesses, emotions can run high. Typically, a person has a great business idea, but need investors to create a pool of cash to get the business going. In such situations, the person has an emotional attachment to the business and thinks it is "theirs." After all, if it is my great idea, I should control it. This understandable attitude can lead to problems.

When you form a corporation and take on investors, you must be ready to let your baby go. The corporate entity is now the owner of the idea, which means all shareholders have a say in how things are run. The fact that you were the one that came up with the idea is absolutely irrelevant. If this sounds unfair, you may want to consider other ways to raise money instead of selling shares in the entity.

Corporate Records

A corporate entity, including a limited liability company, is a separate "person" for legal purposes. This legal fiction creates a liability shield between the business and your personal assets. However, this also requires the corporation to keep records such as board resolutions, bylaws, articles of incorporation, balance sheets and so on. These corporate records should create a time line and snapshot of the corporate business for each fiscal year.

Shareholder Inspections

In every state, shareholders have a right to inspect the records of a corporation. The scope of the inspection depends upon the particular laws of each state, but typically covers all records in the corporate books, balance sheets and even tax returns. The shareholder must typically make a written request to see the records three to five days prior to the date in question. The lawyer and accountant of the shareholder can also view the records.

Most people react badly to shareholder inspection requests. Upon receiving a request, most will assume a lawsuit is coming and get combative. This, of course, leads to a refusal of the inspection request. Such emotional refusals are a huge mistake and violate the laws of practically every state. Shareholders have the right to inspect corporate records and you cannot deny their request.

If a shareholder seeks to inspect corporate records, you can take a few steps. First, call the corporate attorney and get advice. Second, the corporate attorney may want to be present to make sure only the legally required records are disclosed. This tactic is highly dependent on the laws of each state and involves complex strategy decisions. Regardless, the best option is to immediately contact the corporate attorney and find out your options.

If you obtain money from investors to pursue your business idea, you must understand that it is no longer "yours." To this end, shareholders have the right to inspect the records of the business.

 

Copyright – What Can You Protect?

Copyright – What Can You Protect?

Word Count:
277

Summary:
The legal protection known has "copyright" has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright.

Keywords:
copyright protection

Article Body:
The legal protection known has "copyright" has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright.

Copyright Protection? - Yes

Copyright protects "original works of authorship" in a tangible, fixed form of expression. The material does need to be directly perceptible as long as it can be expressed with the aid of technology. A good example of this is a movie, which requires a projection device of some sort.

Materials that can be copyrighted include:

1. Literary works;

2. Musical works, including any accompanying words

3. Dramatic works, including any accompanying music

4. Pantomimes and choreographic works

5. Pictorial, graphic, and sculptural works

6. Motion pictures and other audiovisual works

7. Sound recordings

8. Architectural works

Each of these categories is traditionally given a very broad reading. For instance, "literary works" include computer programs and plans for building a home are considered "pictorial, graphic, and sculptural works." While copyright cuts a broad path, it doesn't cover everything.

Protected by Copyright? – No

If a work is not tangible, copyright protection will not apply. This can lead to confusion, so here are a few categories not eligible for protection from copyright:

1. Works that are not fixed. For example, the statements made by experts at a round table discussion or a comedian's stage act.

2. Titles, names, short phrases, and slogans. These materials may be eligible for patent protection.

3. Ideas, procedures and methods.

Copyright protection is a valuable intellectual property tool. If it all possible, copyright the material you produce to prevent others from misusing it.

 

Commercial Litigation Financing

Commercial Litigation Financing

Word Count:
268

Summary:
A person who suffers a personal injury caused by another person  can go in for litigation cases. Similarly, companies too are often involved in litigation. The reason can be attributed to the competitive market and 'unfair competitions,' too. Here the simple disputes in the conduct of business and commercial transaction sow the seeds for litigation.

Keywords:
litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies

Article Body:
A person who suffers a personal injury caused by another person  can go in for litigation cases. Similarly, companies too are often involved in litigation. The reason can be attributed to the competitive market and 'unfair competitions,' too. Here the simple disputes in the conduct of business and commercial transaction sow the seeds for litigation.

The companies may reach a discord due to various factors. These can be a wrongful termination of an employer or employee, breach of contract, disputes of insurance, partnership, shareholders, bankruptcy and so on. Such disputes of commercial transactions can affect the business of that company. For instance, one of the two companies involved in partnership joins hands with a third party clandestinely. There is a breach of trust and related damages caused on the other company. This 'cheated' company can file for litigation against its partner company. 

Finally, the disputing companies try to resolve their ongoing case through the court. This is known as Commercial Litigation. The companies, like the individual, take the help of an expert attorney to protect their interest. The attorney files the case for a contingent fee. The company involved in litigation, with the support of the attorney, seeks the Litigation Financing Company for its expenses. The company providing Litigation Financing evaluates the case. If the case appears worthy enough, the company offers an advance, often, termed as litigation loan. These are pre-settlement advances of non-recourse nature. That means the company gets its recovery charges if and only if its client company wins the case. But to ensure proper Commercial Litigation Financing one needs to resort to the attorney.

 

 

Child Support Laws Opinions

Child Support Laws Opinions

Word Count:
469

Summary:
Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common.....

Keywords:
child support laws, establishing paternity, child support enforcement

Article Body:
Child Support Laws
Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common, that every non-custodial parent must provide financial support and health benefits for their child/children. Financial support helps in many ways. First, when the mother/father are struggling and unable to provide 100% for their young ones, the child support payments will provide them extra cash to help cover any expenses. Expenses such as food, utility  bills, medical, and clothes. Single parent raising children  can be tough, that is why it is important to have child support paid by the non-custodial parent. Health coverage can also be very expensive, especially for children. Having good medial coverage can help offset those expenses. Many states in America have laws that make it mandatory for a non-custodial parent to provide medical support for their children.

Child Support Laws and Enforcement
Some parents who are ordered to pay child support often avoid their obligations. These parents are what we call dead beat parents. Most dead beat parents do not pay child support for reason just to spite the custodial parent. Some may be too lazy to get a job, others may be too selfish to dish out the money to pay for their responsibilities. Who know why some parent will not take the responsibilities of paying their child support dues? Fortunately, there are laws which prosecutes parents who avoid paying child support. In most states in America you can find a child support enforcement office which will provide assistances in enforcing non-custodial parents to pay past due child support. Some methods of enforcing child support laws are garnishment of the wages, interception of tax refund checks, suspensions of drivers license, and jail time.

Establishing paternity
When a mother has a child and she is married, then the father is legally obligated to pay child support if they divorce. When a mother has a child outside of marriage in order for her to file for child support she must first establish paternity. Establishing paternity makes the non-custodial father legally obligated to the responsibilities of child support. If at anytime the alleged father doubts that the child is his, a genetic test would be performed to discover once and for all who the father is. Locating a missing parent can be difficult, especially if they live in another state. Sometimes tracking the social security number of the missing parent will help to pin point their location. Usually when the missing parent applies for a new job, their social security can be trace back to their location. In order to establish paternity, the custodial parent must first locate the father.

For more information on child support laws in your area, please click the link below.

 

Child Support Laws and the History

Child Support Laws and the History

Word Count:
342

Summary:
Child support can be traced back to the late eighteenth and early nineteenth centuries. In the young ages of the nineteenth century, the United States courts that handled cases of marital breakdowns and divorce, discovered that the present laws did not provide for a support action.

Keywords:
child support, child support laws, child support history, history of child support

Article Body:
Child Support
Child support can be traced back to the late eighteenth and early nineteenth centuries. In the young ages of the nineteenth century, the United States courts that handled cases of marital breakdowns and divorce, discovered that the present laws did not provide for a support action. The United States had inherited many of the English laws in that time, and those laws discovered  that a father had a non-enforceable duty to support his children. In fact, English precedents forbade and third party from recovering  that cost of support unless the cost was pre-approved by  a notarized letter with the father.<BR>

In 1601, The Elizabeth Poor Law authorized local parishes to claim some of the funds they spent while caring for the custodial parent and their children who were not taking care of by the non-custodial parent. But this statue would only be prevailed on the mother and her children if they were extremely poor.

Child Support becomes the law
Child support continued to develop into the early 1900's. In 1950, the United States Congress pass the first federal child support enforcement legislation having state welfare agencies to inform the appropriate enforcement officials when it became necessary to provide aid to parents with children who had no support by the other parent.

In 1975, Child Support saw big changes, not just for the collection of support, but also for child support enforcement. The Social Security Act, was signed into law on the 4th of January 1975.

In 1984, the next big year for child support laws, when the Child Support Enforcement Amendments were established, requiring improvements in state and local enforcement programs. First, every state in America were required to develop income withholding from all non-custodial parents paying child support. States were also allowed to report any delinquent parents to consumer credit agencies if they were past due  on their payments.

For more in depth information on the history of child support laws please click the links below. You will receive more detailed information.

 

Child Custody and the Right to Move Away

Child Custody and the Right to Move Away

Word Count:
529

Summary:
For those of you who are interested in understanding the law concerning custodial parents who wish to move out of the area with children over the objections of the non-custodial parent, this article is for you.

Keywords:
law offices of donald p. schweitzer, schweitzer, donald schweitzer, law office, law offices, legal, law, family law, family court, pasadena, california, attorney, lawyer, move away, move-away cases, cases, law, custodial, parents, children, non-custo

Article Body:
Copyright 2006 Law Offices of Donald P. Schweitzer

For those of you who are interested in understanding the law concerning custodial parents who wish to move out of the area with children over the objections of the non-custodial parent, this article is for you.

Presumptive Right to Move

In our increasingly mobile society, custodial parent's frequently desire to move out of state or to a different part of the state with the children, leaving the non-custodial parent far behind.  Such moves are usually based upon the fact that the custodial parent has found a new job that requires the move or has a network of family members that he or she would like to live near.  Based on these realities, California law provides that a parent who has primary physical custody of a child has a presumptive right to change the child's residence – i.e., to move away with the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.

A custodial parent seeking to relocate with a child bears no burden of establishing that the move is "necessary."  In fact, the non-custodial parent bears the initial burden of showing that the proposed relocation of the child's residence would cause detriment to the child, requiring a reevaluation of the child's custody.

Procedural Safeguards

Based on our strong public policy favoring stable custody arrangements, trial courts will usually make an immediate interim ruling staying the move-away until the parents have been given the opportunity to participate in meaningful mediation, to obtain an independent custody evaluation and, ultimately, to present their positions at a meaningful hearing – including the right to present live testimony.

If the non-custodial parent makes such an initial showing that the move-away would be detrimental to the child, the court must perform the delicate and difficult task of determining whether a change in custody of the child is in the child's best interest.

Child's Relationship with Non-Custodial Parent a Factor

Among the factors that the court ordinarily will consider when deciding whether to modify a custody order in light of the custodial parent's proposal to change the residence of the child are the following:  the child's interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the child; the child's relationship with both parents; the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the child above their interests; the wishes of the child if the child is mature enough for such an inquiry to be appropriate; the reasons for the proposed move; and the extent to which the parents currently are sharing custody.

In light of the above criteria, the court can deny the proposed move if: the custodial parent has a history of not sharing custody with the non custodial parent; if the court finds the proposed move is being made for vindictive purposes; and if the court finds the move would be detrimental to the strong relationship between the child and the non-custodial parent.

 

Challenging a Will in Florida - A Short Primer

Challenging a Will in Florida - A Short Primer

Word Count:
687

Summary:
As more people are kept alive long after the mind functions properly, some family members, healthcare workers and others see opportunity to cause the estate plan of an elderly person in mental decline to be changed.  Such changes victimize the elderly person as well as the family members who have lost their inheritance.  The article walks through the basic requirements of challenging a will in Florida.

Keywords:
Florida Will Contest

Article Body:
As medical science allows our bodies to be kept alive long after our minds function as when we were young and healthy, family members and others may see an opportunity to adjust an elderly person's estate plan more to their liking.  When other family members, not involved in the change to the estate plan, learn of the changes, they may wish to contest the will on the grounds of undue influence, lack of capacity, or failure of the will to conform to the requirements of law.  A will can be challenged only after death, not while the maker of the will is still alive, although the facts surrounding the creation of the will can be gathered and preserved for subsequent litigation. After death, the Personal Representative will issue a Notice of Administration to the heirs and beneficiaries, which starts a 90-day period for challenging a will or the appointment of the Personal Representative.

Proper execution of a will requires that the will be signed by the deceased and witnessed by two witnesses, who also sign the will at the same time as the deceased. A will can be contested on the grounds that it was not properly signed or witnessed, and Florida courts have declared wills to be invalid that were not witnessed properly, including a situation where one witness was in an adjoining room when the will was signed and not in the immediate presence of the maker of the will.

Under Florida law, a testator is required to have mental competency to make a will and to understand the nature of his or her assets and the people to whom the assets are going to be distributed. A will can be declared void if lack of capacity can be proven. Typically, incompetence is established through a prior medical diagnosis of dementia, hallucinations, Alzheimer's, or psychosis, or through the testimony of witnesses as to the irrational conduct of the testator around the time the will was executed or perhaps that the testator was on heavy medication. As a practical matter it is difficult to challenge a will on lack of capacity grounds without a definitive medical diagnosis of a mental problem or without substantial proof of the drugs or medication that the testator was taking.

A will can be challenged on undue influence grounds when the testator was compelled or coerced to execute a will as a result of improper pressure exerted on him or her, typically by a relative, friend, trusted advisor, or health care worker. In many cases, the undue influencer will upset a long established estate plan where the bulk of the estate was to pass to the direct descendants or other close relatives of the decedent. Some undue influencers are new friends or acquaintances of the decedent who "befriend" the decedent in the last months or years of life, typically after the decedent has suffered some decline in mental ability. In other situations, one child of the decedent, often a caregiver, will coerce the decedent to write the other children out of the will (especially if the other children are stepchildren). Undue influencers can also be health care workers or live in aides who implicitly or explicitly threaten to withhold care unless the estate plan is changed in favor of the health care worker.  Please read the Estate of Carpenter case, which is the most important undue influence case in Florida.
Even with evidence of significant pressure or cajoling from a spouse, Florida courts are reluctant to overturn bequests to a surviving spouse under an undue influence claim, given the importance of marriage in our society. Nonetheless, an egregious set of facts could warrant striking of a bequest to a surviving spouse, although the surviving spouse will be entitled to the elective share (30% in Florida), absent a valid marital agreement to the contrary.

Almost all will contests are heard by the probate division of the circuit court, where jury trials are not permitted.  Florida does not recognize "no contest" clauses in wills or trusts. In any litigation in Florida over a will or trust, such a clause will be ignored.

 

CarFax Woes — Top 5 Things To Watch For

CarFax Woes — Top 5 Things To Watch For

Word Count:
250

Summary:
More than a few times a week we get telephone calls from car buyers who received a 'clean' CarFax report from the dealer from whom they purchased a vehicle.  Weeks or months later, the unfortunate buyer learns that the car had been in a prior wreck or, worse, that it may have been bought back by the manufacturer but not 'branded' as a lemon under state law.

Keywords:
Lemon Law,Massachusetts Lemon Law,MA Lemon Law,Mass Lemon Law

Article Body:
Many car buyers find themselves in this unfortunate circumstance, whether they are in New

York, Massachusetts, Connecticut or elsewhere in the country.  What's our advice?

#1 When buying a car, run your own CarFax report; don't be penny-wise and dollar-foolish by

relying on the auto dealer to do the right thing. Many dealers alter reports to make a sale,

and proving liability for fraud in a case like this is virtually impossible.

#2  Show the car to a certified mechanic. Most mechanics will gladly inspect vehicles for an

hour's fee.  Most significant problems with the car will be obvious to a trained eye; don't

rely on the dealer's mechanic to provide advice to you.

#3 Check the vehicle's VIN with your state's Registry of Motor Vehicles; many states allow

consumers to search vehicle information free of charge, and many of such searches will

reveal lemon law history of the vehicle.

#4 If the vehicle is a recent make and model,  visit a dealer for that manufacturer and ask

for a Warranty Repair History for the vehicle you are looking to purchase. Most will provide

it.  The history will show you what work had been done on the vehicle while it was under the

manufacturer's warranty.

#5 Finally, use your judgment!  Most unscrupulous dealerships will hide, obfuscate, and say

anything to make the sale.  Do your research before buying your car, and don't count on the

dealer to take it back if problems develop - most won't!

 

California Limited Liability Company – An Overview

California Limited Liability Company – An Overview

Word Count:
329

Summary:
Many people are surprised to learn that the LLC business entity is a fairly recent phenomenon. Wyoming was the first state to legislate the creation of LLCs in 1977. Most states didn't jump on the LLC bandwagon until 1988 when the IRS classified the LLC as a pass through entity for tax purposes. This ruling turned LLCs into the popular monster they are today. Now every state has legislation allowing the creation of LLCs and California is no different.

Keywords:
california limited liability company, llc

Article Body:
Many people are surprised to learn that the LLC business entity is a fairly recent phenomenon. Wyoming was the first state to legislate the creation of LLCs in 1977. Most states didn't jump on the LLC bandwagon until 1988 when the IRS classified the LLC as a pass through entity for tax purposes. This ruling turned LLCs into the popular monster they are today. Now every state has legislation allowing the creation of LLCs and California is no different.

What Are The Advantages To Forming A LLC?

The LLC business entity offers many advantages to small businesses. An LLC is going to provide a shield between your business activities and personal assets identical to a corporation. Unlike a corporation, there are far fewer corporate formalities. Instead of setting up payroll, you can take draws from the entity. You are not required to maintain a balance sheet, although this is recommended. In short, the LLC entity is all about flexibility.

Should I Form A California LLC For My Business?

Maybe. While LLCs offer significant flexibility to small businesses, California charges an LLC tax that can really cramp your profits. This tax is charged on your gross revenues for the "privilege of doing business in California" as an LLC. Lucky you. Depending upon your situation, forming an "S" corporation may be a better option in California.

Additional Tax Issues

California allows a single person to own an LLC. This causes problems from a tax perspective. The IRS doesn't really acknowledge the existence of LLCs owned by one person. The IRS takes the position that you must have two people to be taxes as a partnership. Accordingly, it treats single owner LLCs as sole proprietorships. The problem with this result is that you end up paying self-employment taxes.

While LLC structures provide significant flexibility, the structure is not always the best choice for a small business. Make sure you speak with competent tax counsel prior to forming an LLC for your business.

 

California DUI Defense

California DUI Defense

Word Count:
296

Summary:
DUI laws are quite complicated nationwide, especially if you are in California. If you are charged with a DUI offense, a good lawyer is very important to help you in your defense.

Keywords:
California DUI Attorneys, California DUI Fines, California DUI Defense, California DUI Laws

Article Body:
DUI laws are quite complicated nationwide, especially if you are in California. If you are charged with a DUI offense, a good lawyer is very important to help you in your defense.

Good DUI lawyers are specialists in drunk-driving cases. They try only such offenses, and know the courts and the laws well. There is also a National College of DUI Defense where you can search for DUI attorneys. A good DUI lawyer can guarantee you more than just arguments in court. Since DUI laws are complicated, a good attorney can pick holes in the case against you and, with some technical help, he or she can get you out of the charge with a small penalty.

DUI statues vary according to the degree of the charge as well as your driving history. If you have a DUI charge within a seven-year period, the court can severely punish you. Apart from this, the reputation of your lawyer as well as the evidence against you can significantly swing the case. If you are found guilty of the charge, the court can fine you about $1,200 and give you a 3-year informal probation. First-time offenders can be let off more easily. First-time offenders also end up attending a First Offender School, the duration of which is dependent on your blood alcohol level.

DUI laws also distinguish between drunken driving and recklessness. If the charges are reduced to recklessness, the penalties are much less severe. Another aspect of DUI defense is the DMV hearing. The DUI lawyer will have to represent you in this separately. The DUI trial and DMV hearings are separate, and you might end up with a suspended license from either trials or both. Again, a good DUI attorney is essential for the DMV hearing as well.

 

California Contractor License Bond

California Contractor License Bond

Word Count:
302

Summary:
Before a contractor can receive a contractor's license in California, the contractor must register with the California Contractors State License Board and pay a Contractor's License Bond or a cash credit.

Keywords:
California Contractor License Application, California Contractor License Bond, California Contractor License Check, California Contractor License Exam

Article Body:
Before a contractor can receive a contractor's license in California, the contractor must register with the California Contractors State License Board and pay a Contractor's License Bond or a cash credit.

In the event of a contractor's license getting suspended or annulled due to a breach of the Contractors License Law, the contractor must file a disciplinary bond with the CSLB. This has to be to get a contractor's license restored or reissued or if an individual desires to obtain a fresh license.  Disciplinary Bonds can go as high as $15,000, but can be bigger and the bond must be on record with the CSLB for two years minimum, and occasionally for a greater length of time.

All Contractor License Bonds must be implemented by an authorized surety company, in a manner up to the required standard of the CSLB and suitable to the State of California.

License and Permit Bonds are compulsory as a precondition to attaining a license or permit for a specific job, enterprise or occupation.

The state, or some local municipality or regulatory body, can make them mandatory. To comprehend a particular license or permit bond obligation, it is essential to evaluate the statute, ordinance or regulation from which the bond initiated, together with the language of the bond form itself.

Normally, a License or Permit Bond necessitates that the principal fulfill the laws, statutes, ordinances and regulations regarding that specific license or permit. This bond is generally on paper for a one-year term.  Miscellaneous Bonds are sometimes put on paper to ensure some sort of financial or indemnity compulsion, or to warrant the loyalty of an individual.

To grasp the specific bond obligation, it is indispensable to analyze the regulation or contract from which the bond initiated, in conjunction with the language of the bond form itself.

 

California Child Support Laws, Golden State

California Child Support Laws, Golden State

Word Count:
434

Summary:
Both parents have a legal duty to provide financial support for their children. In California, as in most other states, the court may order either or both parents to make regular child support payments that cover a child's living and medical expenses.

Keywords:
california child support laws, child support laws, child support, california

Article Body:
California Child Support Laws
Both parents have a legal duty to provide financial support for their children. In California, as in most other states, the court may order either or both parents to make regular child support payments that cover a child's living and medical expenses.
California's child support agency is administered through the Department of Child Support Services. This agency can help both custodial and non-custodial parents with a number of child support related services such as establishing paternity, locating a non-custodial parent, establishing, enforcing, and modifying child support orders, and collecting and distributing child support payments.

Establishing Paternity for California child support laws
Your child's paternity must be established before child support can be ordered. Establishing legal paternity gives your child many rights, including child support, access to medical records, government benefits and more.
There are several methods you can use to establish the paternity of your child. The simplest method for establishing paternity is to complete a Paternity Opportunity Program Declaration. This form must be filled out and signed by both parents to establish paternity without going to court. If necessary, California's child support agency can assist you in establishing the paternity of your child by helping you get free or low-cost genetic testing when the child's father is in question.
If the child's father lives in another state, California's child support agency can work with the other state's agencies to obtain genetic testing, establish a child support order and enforce child support payments.

Paying California child support laws
Once a child support order has been established, the non-custodial parent will generally be required to continue making payments until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent's obligation to pay support continues until the child becomes eighteen years of age. Under certain circumstances (if the child is unmarried and attending high school full time), the current support obligation may continue until the child is nineteen. 

Modifying California child support laws
In order to modify a child support order, you must contact your local child support agency to request a modification of the child support order and then cooperate in the review process by providing the requested financial and visitation information.

You can also request the modification of a child support order by filing a motion directly with the court. Contact the Family Law Facilitator's office in your county of residence for help in filing the motion. See below for a complete list of Family Law Facilitators.

 

California Businesses Incorporating In Nevada

California Businesses Incorporating In Nevada

Word Count:
457

Summary:
California is a notoriously bad state to do business in. Regulations, worker's compensation and tax issues overwhelm companies. Seeking relief, many incorporate in Nevada. Unless done carefully, this decision can lead to disaster.

Keywords:
california business, nevada incorporation,

Article Body:
California is a notoriously bad state to do business in. Regulations, worker's compensation and tax issues overwhelm companies. Seeking relief, many incorporate in Nevada. Unless done carefully, this decision can lead to disaster.

Doing Business - Jurisdiction

Jurisdiction is a legal term used to define who has authority over something. Applied to this article, the term refers to the issue of which state has the right to regulate a business. In California, the issue boils down to whether you are considered to be "doing business" in the state.

California is the one of the most aggressive states when it comes to defining jurisdiction. If you maintain offices or have employees in the state, you are considered to be doing business here. You must register with the state and pay taxes even if incorporated in another state. This tends to makes incorporating in Nevada an expensive option since you have to pay fees twice.

If you are caught "doing business" in California without having registered, you can be in for a rough time. Initially, back taxes and fees come due. You are also going to be fined and probably suspended from doing business until an audit can occur. The California Employment Development Department may levy back taxes and penalties. Your bank accounts may be frozen. Let's look at an example.

The California Franchise Tax Board tends to look at the facts surrounding a particular situation. Assume I own a Nevada entity for the purpose of building web sites. I receive e-mail, snail mail and work out of my house in San Diego. The tax agency is going to take the position that I am doing business in California. My office is here. I take calls here. I do the work here. This scenario is going to be very difficult to defend. Playing out the scenario, I will probably end up going out of business due to disruptions, stress and the resulting financial burden.

So, can you use Nevada business entities if you are in California? Absolutely. Typically, you need to use a double incorporation strategy. Essentially, one entity is in Nevada and another in California. One entity provides services to the other through a fair value contract, to wit, you can't charge $1 an hour for services rendered. The Nevada entity has to have a business license, office, customary payables such as rent and the typical items you find with any business. This strategy is typically used to hold non-tangible business assets such as intellectual property or patent rights.

California has a brutal business climate. The Governator has promised relief, but an actor making promises is, well, an actor making promises. Using Nevada entities can provide relief to your business as long as they are used correctly.

 

Bylaw Legal Form - The Internet Solution

Bylaw Legal Form - The Internet Solution

Word Count:
485

Summary:
Getting a legal form is easier than ever. Learn the advantage of the Internet and bylaw legal forms for use.

Keywords:
legal forms

Article Body:
Ah, the Internet. Never has there been so much information available to the common man on all sorts of topics. The danger being of course that one can never really know if the information they are reading about is actual facts or complete fantasy.
 
While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what you're reading is in fact valid.
 
Let's say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you can't just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form?
 
The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all.
 
The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars.
 
Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land.
 
Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way.
 
Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over.
 
Of course you will pay for an hour or more of the lawyer's time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself.  Bylaw forms and more are all available right on the Internet. Your brand new legal advisor.

 

Business Entities – Filings With The State

Business Entities – Filings With The State

Word Count:
398

Summary:
Nearly all small businesses should form entities to limit their exposure to civil liability in the form of lawsuits. In forming an entity, certain documents have to be filed with the state in question.

Keywords:
business entities, state filings

Article Body:
Nearly all small businesses should form entities to limit their exposure to civil liability in the form of lawsuits. In forming an entity, certain documents have to be filed with the state in question.

States

To the surprise of some, state law instead of federal law governs business entities. When form an entity, you should look to the Secretary of State for your jurisdiction to find out the filing requirements. Some states provide clear and concise information. Other states seem to enjoy making the process difficult and complex. Regardless, all of them have a web site for the Secretary of State.

Corporations

In most states, forming a corporation requires the filing of articles of incorporation. Articles of incorporation requirements differ by state, but typically require a statement of the name of the corporation, the number of authorized shares, the name and address of a registered agent and the name of the incorporator. The incorporator is typically the person signing the articles of incorporation. Once created, the articles are filed with the Secretary of State, which eventually will approve and return them to you. In most states, there is no need to file bylaws, organization minutes or shareholder information.

Limited Liability Companies

Limited liability companies are simple structures and are the creation of creative politicians in Wyoming. In 1977, Wyoming passed the first state laws authorizing the creation of these business entities. Mirrored after corporations, the filing process is similar to corporations, but with little tweaks here and there.

Whereas corporations have articles of incorporation, limited liability companies have Articles of Organization. These Articles of Organization require pretty much the same information as articles of incorporation. The primary difference, however, is most states require you to use a pre-printed form for the articles. Make sure you check with your state to determine if this is a requirement.

Do It Yourself?

If you are a sole proprietor seeking a business entity, you can handle it if you understand the concepts. If you don't understand the process, get a professional involved.

If there are two or more people in the business, an attorney should be used for liability purposes. These liability purposes arise when one "owner" takes charge of the filing. When disputes later arise, the take charge owner is inevitably accused of organizing the filing in such a way at to create an advantage.

Yes, it happens all the time.

 

Business Entities – A Quick Guide

Business Entities – A Quick Guide

Word Count:
510

Summary:
Business entities comes in so many types that business owners can easily get confused. Here's a quick guide that will hopefully shed a little light on business entities for you.

Keywords:
business entity, guide

Article Body:
Business entities comes in so many types that business owners can easily get confused. Here's a quick guide that will hopefully shed a little light on business entities for you.

Business Entities

"C" Corporation: A corporation whose shares are held by shareholders. The entity stands apart from the shareholders for legal and tax purposes. The shares of the corporation may be "taken public" and traded on stock markets. Google is an example of a publicly traded "C" corporation.

Foreign Corporation: A corporation doing business in a jurisdiction beyond where it was formed. Microsoft is a Washington corporation. When it does business in New York, it is considered a "foreign corporation."

General Partnership: A business effort involving two or more people, known as partners. Each partner is liable for all partnership debts and obligations regardless participation and contribution amounts. Put another way, a general partnership provides no protection against lawsuits.

Holding Company: Part of a double incorporation strategy. The sole purpose of a holding company is to own or control other companies. Said other companies typically are exposed to significant liability threats. For instance, many insurance companies use holding companies to suck off profits and limit lawsuit risks.

Joint Venture: A cooperative business effort between two or more parties. It is usually limited to a single business purpose and involves a sharing of responsibilities and revenues. For instance, a database programmer and web site designer might enter a joint venture to provide e-commerce solutions to businesses.

"LLC" - Limited Liability Company: A creation of state law in which one or more individuals form an entity providing the liability protection of a corporation, but the tax benefits of a partnership.

Limited Partnership: A partnership in which the business is managed by a general partner with limited partners supplying capital investment. The limited partners are prohibited from actively participating in the management of the partnership. In exchange, the limited partners liability is limited to the amount of their investment. In pursuing this business entity, the general partner is almost always a corporation.

Partnership by Estoppel: A partnership created by operation of law when two or more people pursue a business goal and hold themselves out to the public as such. This business entity is prevalent as it is the automatic designation for two people doing business who fail to take any steps to designate a business entity. In this entity, each partner is completely exposed to liability risks.

"S" Corporation: Similar to a "C" corporation, this entity provides solid asset protection for shareholders from business liabilities and debts. The primary difference is the entity can be taxed as a pass through entity and is limited to 75 shareholders.

Sole Proprietorship: A business owned and controlled by one person. The designation provides no protection from business liabilities. It is taxed on the person's personal tax returns on schedule "C".

Each of the above entities provides certain advantages to a business owner. If you consider the particulars of your efforts, you should be able to get an idea of which one is best for you.

 

Business Contracts

Business Contracts

Word Count:
449

Summary:
A business contract is a legal promise made between two or more parties. A contract may be drawn when the associated parties wish to enter into a transaction like buying or selling, performing services, leasing properties, collaborating in joint ventures, advertising, manufacturing, distributing or selling goods, etc. The business contract is considered a surety against cheating by any of the associated parties.

Keywords:
Contracts, Business Contracts, Legal Contracts, Employment Contracts

Article Body:
A business contract is a legal promise made between two or more parties. A contract may be drawn when the associated parties wish to enter into a transaction like buying or selling, performing services, leasing properties, collaborating in joint ventures, advertising, manufacturing, distributing or selling goods, etc. The business contract is considered a surety against cheating by any of the associated parties.

The length of a business contract depends on the number of clauses being mutually agreed upon. It may be of a single page or it may run into a dossier of several pages. Every business contract is legally binding and attracts relevant stamp duties. The general practice is to compose such business agreements in the presence of lawyers of all the parties involved.

The first page of a business contract usually contains the names and addresses of the signatories. A brief description of their jobs can be mentioned along with their names. The date of signing the contract is put up on the first page.

The next part of the contract is called the recitals. This is a very short description of the type of transaction the parties are going to enter into. It is usually no longer than a paragraph. After recitals follow the specifications, in which there is a detailed description of the job the parties are to undertake. This part may run into several pages and it contains a very succinct description of the exact job portfolio. It sometimes contains formulas, diagrams, sketches and graphs in order to better explain the nature of the job.

Payment comes in the next section. A very clear mention is made of the remuneration that one of the parties is to give to the other. Either the exact figure is mentioned, or at least the determining factors are outlined. If time is extremely relevant in the completion of the job, then the sentence "Time is of the essence" is included. Whatever the conditions regarding the payment may be, they are to be put down in the contract.

Apart from all this, there are several legal points covered. It is written in the contract which state jurisdiction will apply in case of a legal suit. Also, the tenure of validity of the contract is mentioned.

A business contract is a very delicate matter. It takes several deliberations between the associated parties along with the involvement of their lawyers to reach a final draft. There are sometimes several negotiations and amendments in the agreement, until it becomes satisfactory to all concerned. Only after mutual agreement are the signatures put down on the document. All concerned parties have to preserve a copy of the contract as long as it is valid.

 

Best Solicitor Services

Title:
Best Solicitor Services

Word Count:
378

Summary:
Contactlaw.co.uk is a leading source for employment lawyer, divorce solicitor, commercial property solicitor, commercial lawyer, London solicitor, family solicitor, accident solicitor, Employment solicitor  Injury claim, conveyancing and law firms who specialize in accident, divorce, criminal, car or road accident, personal injury, bankruptcy, immigration etc.

Keywords:
Solicitor, find solicitor, uk solicitors, London solicitor, legal advice, commercial lawyer, commercial solicitor, commercial litigation solicitor, commercial conveyancing, commercial property solicitor, conveyancing, Conveyancing solicitor, employment lawyer, Employment solicitor, family law solicitor, divorce solicitor, emigration, uk solicitors, injury claim, accident solicitor

Article Body:
Dear visitor, you see at  and really important to us. We want to choose the best solicitor to handle the particular legal problem or situation you have where a solicitor with the right amount of experience in the right area of law is very important. We select only the best, UK solicitors, Commercial litigation solicitor, commercial conveyancing, employment solicitor, conveyancing solicitor, who are best and care about their clients very nice, and are fit to fight for justice for you. So if you want to be able to relax, while contactlaw.co.uk expert solicitor does all the hard work for you, Our solicitors undertake legal matters with experience, closely and professionalism. A constructive overview at senior solicitor level is always taken for legal advice. Clients instruct our commercial litigation solicitor, commercial conveyancing, employment solicitor, Conveyancing solicitor, emigration, legal advice and uk solicitors from throughout the United Kingdom and abroad. , are available online, telephone, fax and e-mail.  broadly-based commercial and corporate law practice representing, a range of business clients in Britain, Europe and around the world. We act for all property matters, business premises, office leases, shop leases, pub leases, restaurant leases, developments, investment and industrial properties, clubs, hotels, environment and planning, finance and security, deal negotiation and new projects and other professions located throughout the United Kingdom and overseas, call us or complete our online form, and we will allocate a solicitor to call you and discuss your all requirements with legal advice.

Contactlaw.co.uk experienced solicitors, work on all property matters, business premises, office leases, shop leases, pub leases, restaurant leases, developments, investment and industrial properties, clubs, hotels, environment and planning, finance and security, deal negotiation and new projects. Our Commercial Solicitors have well established reputation in providing a comprehensive and cost-effective service in property transactions and geared up to achieve clients' objectives quickly. We work at short notice, to tight deadlines and to a high standard, aiming always to maintain the initiative we do not disclose your details to any other party without your prior consent. Our Commercial Solicitors have a broad continuum of legal expertise enabling them to deal with transactions in a commercially-focused as well as legally effective manner.