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  1. Limited Liability Company - Watch Out For the Catch by Thomas Ajava

    The limited liability company, better known as an LLC, is often touted as the perfect business for small businesses. It certainly has some major advantages, but there is another side to it. In many states, there can be a painful financial catch if you use it for your business.

  2. Avoiding Shareholder Litigation by Robert M Heller

    Here are a few strategies that we have employed to deal with shareholder disputes. A list of possible approaches that may be considered when faced with shareholder disputes in California.

  3. Are You Personally Liable For the Acts of Your Corporation? by Robert M Heller

    Do you own a business as a corporation or an LLC, and think you're insulated from personal liability? Think again. There are numerous ways that a shareholder of a corporation or a member in an LLC can be held personally liable for the acts of the entity.

  4. An Arbitrator's Powers Are Limited by Robert M Heller

    There are differences between arbitration and litigation: An arbitrator has no authority to order an in camera review of information protected by the attorney-client privilege, the absolute work-product doctrine or the conditional work-product doctrine. Only a judge has the power to conduct any sort of review, and then only on materials subject to the conditional work-product doctrine.

  5. Is Your Partner Using the Recession to Hide Fraud? by Robert M Heller

    Tough economic times can sometimes be used to mask fraudulent activities. In times like these, minority shareholders who suspect improper activity by the majority should be more vigilant than ever.

  6. When Seeking Pre-Trial Receivership For Solvent Companies Less May Be More by Robert M Heller

    Receivers may be appointed where a company is insolvent, in danger of becoming insolvent, winding up its affairs or a judgment debtor. However, did you know that prior to trial a plaintiff may seek a court-appointed receiver for a solvent, on-going business?

  7. Arbitration Enforced at Any Cost? Perhaps Not by Robert M Heller

    The pendulum may finally be swinging back. Recent court opinions, as discussed below, reveal a more guarded approach toward the once heralded arbitration process, as evidenced by judges' greater willingness to vacate arbitration awards and carve out exceptions to contractual arbitration. As arbitration gained popularity in the 1980's and 1990's, it was readily welcomed by many as a superior alternative to the courthouse - cheaper, faster and more flexible.

  8. General Information About Company Incorporation by Melville Jackson

    With a stable currency, the UK has attracted a large number of big and small enterprises to its province. When a company is conceptualized, besides the tremendous amount of preparation, complicated processes are undertaken for its legal foundation. The entire process of company incorporation is termed as company formation or registration.

  9. The Benefits of Limited Liability Company For Landlords by Katrina Marie Santes

    In real estate, rental business can take form of any of the three mentioned above. Most of the time, landlords run as single proprietorship. However, there may be times when landlords would plan to engage in an organization where they could both benefit from tax and other legal problems. They enter in an organization that is considered a hybrid form of partnership and corporation. This is called the Limited Liability Company or LLC.

  10. Forming an LLC With the End in Mind by Michael Barnson

    When forming a limited liability company, you need to think though the process and what your goals are with the business before you actually begin the formation process for your new company. "Start with the end in mind" is how I like to say it. Why should you think through the process first?

  11. Single Member Limited Liability Company - Piercing the Protective Shield by Richard Chapo

    Why do people form business entities for their small business? The answer is very simple. While they believe in their business idea, they want to protect themselves from any debts or lawsuits should the business have problems. For those forming an LLC with only one owner, this shield is often easily penetrated with disastrous results.

  12. Creating a Business Partnership Agreement Contract by Nicholas Copernicus

    Verbal agreements tend to never work out. Putting the terms of the partnership in writing is the smartest thing you can do to protect your business.

  13. About Alternative Dispute Resolution by Joseph Devine

    Solving a business dispute can be a long and frustrating process. Though there are a number of benefits that come with using litigation as a surefire method of solving your disagreement, it isn't always the best way to solve an argument. Litigation can be quite costly and time-consuming. For those dealing with minor (yet seemingly unsolvable) disputes, or for those without large sources of money, reconciliation may be more easily reached through alternative dispute resolution (ADR).

  14. Business Contingency Cases by Jack Zinda

    Contingency fees are often a key component in cases that have the potential for a very high payoff for the client that does not have the resources or desire to pay a law firm by the hour. A contingency fee is the cost of legal representation when payment to an attorney is based upon a percentage of what a client receives in a settlement or judgment. While contingency cases are well-known to the public in the personal injury realm, business contingency cases can also be extremely viable for clients that have a business law issue.

  15. Should I Form My Company As a Partnership Or Corporation? by Michael Barnson

    If you are planning on forming an LLC corporation, the only thing that you will need to do differently is file a Form 8832 with the IRS. The reason you need to file this form when forming an LLC is because it allows you to classify your business for federal tax purposes.

  16. Advantages of Corporations by Joseph Devine

    A quick glance at the phone book will reveal to any interested party that there are a number of business forms that any business can be given when it is formed. Each of these forms has a variety of advantages and disadvantages. In many situations, the form given to a business is based on the wishes and requirements of the founders. In other scenarios, the only thing taken into account is the liability of the owner and the tax structure.

  17. Is Drug Treatment Mandatory After a DUI? by Frank Schumacher

    It is common to get drug treatment after a DUI conviction. In most cases, drug treatment is just a condition given by the court during the verdict or sentence stating. While in other cases, defendants undergo drug rehabilitation programs as an advice of their legal representative to prove to court their sincerity and desire for change after being charged with DUI.

  18. Asset Protection Using an Limited Liability Company by Greg A S

    Using an LLC an individual can protect their personal assets if a business is sued, or a corporation can protect assets using a LLC. Legal documentation must be in order to make the LLC legitimate, otherwise an LLC may provide no protection.

  19. Important Things to Consider When Choosing a Free Lease Agreement Form by Pinky Savika

    In point of fact, renting a property is one of the most common legal binding activities that most people get themselves involve in. Thus, it's not unusual to find free lease agreement form scattered online.

  20. Why Dispute Resolution Provisions Matter by John L. Watkins

    Many commercial contracts contain dispute resolution provisions. Although common, these provisions are often not given sufficient attention during negotiations. Dispute resolution provisions control important considerations such as where the dispute will be decided and whether the dispute will be decided in arbitration or the court system.

  21. Taxation on an LLC by Greg A S

    Limited Liability Company taxation can be confusing to new owners, but understanding the selection type of the LLC will simplify tax questions. An LLC with one owner can be taxed like a sole proprietorship, C-Corporation, or even a S-Corporation.

  22. How to Form Your Own Limited Liability Cooperation? by Chandra Senadeera

    Instead of paying thousands of dollar to a lawyers and accountants to form you own limited Liability Cooperation for personal asset shielding and reduced tax liability, you can yourself with due diligence form your own cooperation for you small business. Enjoy the benefits of small business while shielding you personal assets from corporate problems. Your dreaming of setting up and owning your own corporation is never been this easy.

  23. Limited Liability Corporation Creation Can Be Easy With State Specific Legal Forms by James Kahn

    An LLC is an acronym for limited liability corporation. It is used to set up a business organization that offers liability protection to its partners. If the corporation is sued than the partners personal liabilities is null. They can lose their business assets but they can not lose their personal assets. There are strict guidelines to forming an LLC and requires sets of legal forms to be filed.

  24. The Criminals and the Process of Money Laundering by Joseph Devine

    Each year the US government prosecutes hundreds of people for money laundering. As new markets arise both at home and overseas, so do cases of money laundering. Transferring high sums of money becomes easier as the steps taken to track them become harder.

  25. Incorporating - Your Home State Or Another State? by Greg A S

    When deciding where to incorporate a business, consider two main factors. First, the cost of incorporating where the business is physically located versus incorporating in another. Second, what are the tax ramifications in the state the business will incorporate.

  26. Limited Liability Company - Good Or Bad Idea For Protection? by Greg A S

    A Limited Liability Company can offer great protection for a business owner looking to minimize personal liability. Why is this important? If you own a business and a customer were to get hurt in your business establishment, you could be sued along with your personal assets.

  27. Disadvantages of a Sole Proprietorship Business Structure by Peter Gitundu

    It is very easy to form and manage a sole proprietorship. The paperwork required for registration is minimal, the initial capital outlay is small and you keep all the profits accrued. However, you are individually liable for debts that you owe your creditors and for any actions that do not adhere to the laid down rules and regulations.

  28. These Are Some of the Advantages of Sole Proprietorship by Peter Gitundu

    One of the simplest ways to make money is by running a small business enterprise. As a sole trader, the amount of money that you pay to the revenue authorities for registration is minimal and management of the accounts is easy, thanks to the many account management programs available over the Internet.

  29. An Entrepreneur's Guide to Incorporating Your Business by Akash J. Shah

    One of the most important steps in starting up a business is the incorporation process. Your corporation as an entity receives its legitimacy from the state you incorporate in. The most obvious advantage in forming a corporation is that it shields its owners from personal liability. It guarantees that if something goes wrong in the business, the owners won't be wiped out personally.

  30. Selecting the Right Entity For Your New Business by Joshua Marks

    In the rush to embark on a new entrepreneurial adventure, people often overlook the importance of taking the time to select the proper entity in which to structure their business. Selecting the proper entity has both tax and non-tax implications that require every business owner to engage in proper planning and consult with tax and legal professionals.

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