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30 08, 2016

Purchasing a Business with Seller Financing

By | 2016-12-14T11:11:26+00:00 August 30th, 2016|Business Contracts, Business Formation|Comments Off on Purchasing a Business with Seller Financing

It is often the case that a purchaser of a business does not have the resources for a full cash sale and will request that the seller finance some of the purchase price. This can be advantageous for both parties, but requires that the parties consider a number of issues, as we highlight in this [...]

23 08, 2016

When Must an LLC Membership Interest be Registered as a Security in California?

By | 2016-12-14T11:10:41+00:00 August 23rd, 2016|Business Formation, Business Law, Commercial Law, Securities Law|Comments Off on When Must an LLC Membership Interest be Registered as a Security in California?

Most business owners and investors refer to corporate stock when discussing “securities”. However, other types of ownership interests, other than stocks, fall under the definitions of securities pursuant to California law, including a membership interest in a limited liability company (“LLC”). However, not all LLC membership interests are included in these definitions, in which case [...]

30 04, 2016

Starting a Business in California? Read this first…

By | 2016-12-14T11:27:52+00:00 April 30th, 2016|Business Formation, Business Law, Commercial Law, Corporate Compliance|Comments Off on Starting a Business in California? Read this first…

Introduction It is no secret that nine out of ten start-ups fail—that’s a full 90% of businesses that do not become profitable or are derailed for one reason or another. So what can you, as a prospective business owner, do to ensure you are one of the success stories? Starting a business in California [...]

14 03, 2016

Letter of Intent to Purchase Business

By | 2016-12-14T12:38:20+00:00 March 14th, 2016|Business Contracts, Business Formation, Business Law, Commercial Law|Comments Off on Letter of Intent to Purchase Business

Using a Letter of Intent When Purchasing a Business What is a Letter of Intent? In its final form, a letter of intent typically sets forth the primary terms agreed upon between a buyer and seller in anticipation of a sale of a business or a large asset purchase. The parties may wish to make [...]

2 02, 2016

Avoiding Ownership Disputes

By | 2016-12-14T13:02:02+00:00 February 2nd, 2016|Business Contracts, Business Formation, Business Law, Business Litigation, Corporate Compliance|Comments Off on Avoiding Ownership Disputes

Introduction Our San Diego business lawyers have previously written about corporate governance and compliance issues and the many benefits to business owners of addressing their company’s corporate compliance needs. [1] In this article, we focus on another reason to engage in best practices when it comes to corporate governance—Avoiding Ownership Disputes. Many clients contact our [...]

14 09, 2015

Should You Elect S Corporation Status for Your New Business?

By | 2015-09-14T15:45:45+00:00 September 14th, 2015|Business Formation, Business Law, Corporate Compliance, LLCs|Comments Off on Should You Elect S Corporation Status for Your New Business?

At the outset, it is important to clear up one common misconception our San Diego business attorneys hear a lot: An “S Corporation” is not a type of entity which can be formed through the California Secretary of State’s Office. Unlike a C Corporation, an LLC or LLP, an S Corporation is a type of [...]

28 02, 2015

What is an LLC Operating Agreement?

By | 2015-02-28T10:19:38+00:00 February 28th, 2015|Business Formation, Business Law, LLCs|Comments Off on What is an LLC Operating Agreement?

LLC stands for limited liability company. With an LLC operating agreement, you and your co-owners can set up clear financial and management structures to suit your business. The agreement includes ownership percentages for each co-owner, the amount of each co-owner's share of the profits or losses, and the rights and responsibilities of each co-owner. The [...]

9 02, 2015

How Do I Set Up an LLC In California?

By | 2015-02-09T11:32:40+00:00 February 9th, 2015|Business Formation, Business Law, Corporate Compliance, LLCs|Comments Off on How Do I Set Up an LLC In California?

How Do I Set Up an LLC in California? A small business owner may be drawn to the idea of establishing an LLC for a variety of reasons. This is a kind of company with an owner who can receive various tax benefits as compared to a corporation and who are protected from personal liability. [...]

9 02, 2015

What Are The Key Benefits Of An LLC?

By | 2015-02-09T10:41:05+00:00 February 9th, 2015|Business Formation, Business Law, LLCs|Comments Off on What Are The Key Benefits Of An LLC?

There are many business structures available, but a limited liability company (LLC) offers an excellent combination of the perks that are offered by proprietorship's and corporations. However, there are some business types that are not allowed to become an LLC, such as those that provide insurance or banking services. Additionally, California law prohibits licensed health [...]

22 01, 2015

The Differences between Trusts and Wills

By | 2015-01-22T06:47:37+00:00 January 22nd, 2015|Asset Protection, Business Formation, Estate Planning, Succession Planning|Comments Off on The Differences between Trusts and Wills

Planning your estate can be a daunting task. There are quite a few options available in formulating an estate plan. Two of the most common options are wills and trusts. While both serve as useful tools in distributing up your property and assets, there are some key differences to consider from our estate planning attorneys. [...]