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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 [...]

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 [...]

5 08, 2015

Does Your Business Need a Corporate Governance Tune-Up?

By | 2015-08-05T09:27:42+00:00 August 5th, 2015|Business Law, Corporate Compliance|Comments Off on Does Your Business Need a Corporate Governance Tune-Up?

Corporate governance broadly refers to the mechanisms, processes and relations by which companies are controlled and directed. For a corporation, corporate governance typically refers to the decision-making processes by officers and a board of directors, and, to a more limited extent, shareholders. For LLC’s, members, non-member managers, a board of directors, or a combination of [...]

7 05, 2015

The Information Practices Act and Your Business

By | 2015-05-07T11:24:45+00:00 May 7th, 2015|Business Law, Corporate Compliance|Comments Off on The Information Practices Act and Your Business

AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE: BE PROACTIVE TO PROTECT PRIVATE INFORMATION IN CYBERSPACE Stories of massive “data breaches” are far too common these days. Several national retailers recently all suffered data breaches that threatened to expose consumers’ private information. These data breaches will potentially cost the retailer significant sums of [...]

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. [...]

7 04, 2014

Piercing the Corporate Veil: Avoiding Personal Liability for Company Debts

By | 2014-04-07T01:21:56+00:00 April 7th, 2014|Corporate Compliance|Comments Off on Piercing the Corporate Veil: Avoiding Personal Liability for Company Debts

As a sole proprietor, an owner’s assets are wholly at risk of seizure to satisfy company debts. To protect their personal assets, many small business owners choose to create a corporation or other separate entity to do business rather than assume the risk they may be personally liable for their company’s debts. However, where an [...]

20 02, 2014

Why Does My Small Business Need a Registered Agent?

By | 2014-02-20T00:06:42+00:00 February 20th, 2014|Corporate Compliance|Comments Off on Why Does My Small Business Need a Registered Agent?

The simple answer: it’s the law. CA Corporations Code §1502 requires foreign and domestic corporations to designate a person or entity qualified to accept service of process as follows: “(b) The statement required by subdivision (a) shall also designate, as the agent of the corporation for the purpose of service of process, a natural person [...]