The Annual Meeting: What Every Corporation (and Many Limited Liability Companies) Should Know
All registered corporations are required by law to hold an annual meeting. Limited liability companies (LLCs), although not subject to the same statutory requirement, may hold regular meetings in accordance with their governing documents. What Is the Purpose of a...Gifts That Keep Giving: Tax Considerations for Business Gift-Giving
As the holiday season approaches, gift-giving is on the minds of many business owners. But there are reasons why a business owner may want to give gifts to workers and clients throughout the year and not just during the holidays. Whether to recognize a job well done,...Revamping Your Business Model
Good business ideas have a simple elegance that can spur entrepreneurs to ask themselves, Why didn’t I think of that? Or maybe they did have a good idea but lacked the foresight to turn it into an effective business model. Inspiration alone is not enough to succeed in...Managing Business Relationships
Americans have a “pull yourself up by your bootstraps” mentality that speaks to our individualism and enterprising spirit. This mindset is especially pronounced among business owners, who have chosen to forego the typical employment route in favor of creating their...How to Prepare Your Business for Recession
Financial winter is coming. Or is it? Despite renewed optimism that the US economy can avoid a deep downturn, economists say the chances of a recession in 2024 are still about even. Small businesses are feeling the pain from high inflation, declining consumer...CA State Parks Does Not Restrict CCW
[UPDATE: For some reason, this post still gets a ton of traffic. For an update on the federal preliminary injunction against SB2, you might want to click here.] Does California State Parks allow licensed concealed carry (CCW) of a firearm at state parks and beaches?...Fed Judge Enjoins Unconstitutional CA Ammo Restrictions
[UPDATE: Ninth Circus issued a stay today of the injunction by Judge Benitez. Not totally unexpected, but this particular circus is fast losing credibility. The State has ZERO chance of winning on the merits under the text/history test mandated by Bruen. Furthermore,...Fed Judge Enjoins Unconstitutional CA Concealed Carry Place Restrictions
How does all of this make you feel about relying on politics and the courts to protect your family? How can the government be so fickle with your right to life? Maybe it’s time your family takes control, with a F.I.R.S.T. Family Trust? [GOOD NEWS 01/06/2024: On...Year-End Deadline! 2 year GRAT for Excess GST Exemption
Suppose earlier this year you read somewhere (this site, for example) that estate, gift, and generation-skipping transfer (GST) tax exemptions will drop in half in 2026, and that there is generally no clawback for gifts made before then which exceed the 2026 exemption...Advisors Panic over Corporate Transparency Act (CTA)’s Orwellian Reporting Requirements
Did you ever put off studying for a final, until the night before the final? That’s pretty much how the planning community is feeling about the Corporate Transparency Act (CTA), which will go into effect January 1, 2024. Congress passed the devilish law several...Stance on Stance? Diversity in Firearm Training
What is your stance on stance? A prominent local CCW instructor saw me using my favorite default shooting stance — Modified Weaver — and told me “no one” uses it anymore. He runs large classes and apparently teaches only Isosceles, the stance...SECURE 2.0 Act, You, and Your IRA Beneficiaries
On December 29, 2022, President Biden signed the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act). The previous SECURE Act in 2020 made several changes to retirement planning: It increased the required beginning date (RBD) for required...Noisome Signs SB2, Establishing Opportunity Zones for BLM, Hamas, Hezbollah, Al Qaeda
After failure to pass a similar bill last year, Gov. Noisome recently signed into law SB2, which makes a concealed carry license more difficult and expensive to get, and basically worthless once you get it. But there is an upside for some: new opportunity zones for...Israel Gun Ownership Only 2%, Lack of Gun Culture Threatens Families
[UPDATE: Gun sales and license applications are now surging in Israel. Imagine that. Almost like LA, the day after a riot. Does the same thing happen with fire extinguishers?] Israel gun ownership is only 2%. By contrast, over half of Americans own guns. It is not a...CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts
The March/April 2023 edition of the bimonthly magazine “California Firing Line”, published by the California Rifle& Pistol Association (CRPA), includes an “Information Bulletin” at pages 19-24 entitled Firearm Estate Planning —“Gun Trusts” which, rife with errors,...No Death Penalty for NM Gov. Grisham, Thanks to Gun Orgs
[UPDATE: Sen. Graham warns that if there is no presidential immunity, Biden could be prosecuted for murder of girls recently raped by illegals.] New Mexico Governor Michelle Lujan Grisham says Republicans should thank her for all the fundraising they are able to do as...FBI Massively Underreports Cases Where Armed Citizens Stop Active Shooters (> 63.5%)
John Lott’s Crime Prevention Research Center recently compiled evidence (here) showing that the FBI is massively understating the number of active shooter incidents that are stopped by private armed citizens. Dr Lott points to systemic reasons why this might be...California Gun Trust Planning
Presentation by Attorney Dave Duringer clears up confusion over California Gun Trust Planning. What is a Gun Trust? Is a Gun Trust Effective? Is a Gun Trust Necessary? Is a Gun Trust Recommended? YES! Every California gun owner should have one! A regular trust might...Critique of “California Gun Laws” (2023 edition)
Last year I wrote this scathing review of Michel & Cubeiro’s 2022 edition of their popular book “California Gun Laws”. Actually, my harsh criticism was limited to the portions touching on estate planning. As far as I knew, the rest of the book...Died Suddenly #DiedSuddenly
[Hi it’s me Dave Duringer — no, I didn’t “die suddenly” (a concerned relative thought I did because this post came up on google in a way that gave that impression). No one in my family took the clot shot, although a distant cousin of mine...Best Time to Talk Turkey on Estate Planning? Thanksgiving and Christmas
Although it is tempting to add the Fourth of July, the best time of year for regular family discussion of estate planning is really the holiday season spanning from Thanksgiving through Christmas, of course including Hanukkah. The window may be expanded to New...Duringer Calls for Repeal of Morro Bay Ordinance # 644
You can skip entry of your email (but then you’ll miss out on some really great training): Morroans of all political stripes are shocked when they learn about Morro Bay Ordinance # 644, which requires that all guns at home in Morro Bay be locked up and...High-Tech Lynching of Dave Duringer in Morro Bay
This 30-second video below shows the “exciting” incident where I held up a piece of plastic: The video below shows a couple of idiots saying they were terrified when I held up a piece of plastic. You can skip the email input, but if you do that...COVID Fascism News Roundup 20220929
RECENT COVID FASCISM NEWS Higher use of Covid mRNA shots correlates with a small but notable increase in all-cause mortality, according to a new paper from a Dutch researcher. Story here. A recent report from The Washington Free Beacon suggests the Centers for Disease...Second Amendment News Roundup 20220929
RECENT SECOND AMENDMENT NEWS Black women who once hated guns are embracing them as violence rises. Story here. Errors in Associated Press, the Washington Post, and the New York Times articles on how rarely concealed carry permit holders stop active shooters. Story...Cultural Marxism News Roundup 20220929
CULTURAL MARXISM NEWS Marijuana and hallucinogen use among young adults reached all-time high in 2021. Story here. Regular cannabis use in people’s mid-20s can cause permanent damage to brain development and legalizing the drug has WRONGLY presented it as...Support for BESS Wanes, Biden Orders Morro Bay Plant Converted to Crematorium
MORRO BAY, CA — At long last, the fate of the Morro Bay Power Plant is decided. Public support for Vistra’s Battery Energy Storage System (BESS) wanes with every new exploding Tesla, undt der Fuhrer Biden deems public support important, especially since...California Set to Approve List of Top 25 Places for Mass Shooting
UPDATE: SB 918 is dead, for now at least. Do you take psych meds for anxiety or depression? You’ll be happy to hear Governor Noisome is about to sign SB 918 approving a fantastic “best of” list of choice mass shooting venues throughout California!...What Happens to Your Business When You Die
You spend a significant part of your life building your business, and it becomes a major part of your legacy. But when you die, everything you have built could fall apart if you have not taken the time to create a business succession plan. Without a plan in place,...Common Pitfalls in Family-Owned Businesses
Your family and your business are two of your top priorities. You would not do anything to compromise either of them. But working with family members in a family-owned business presents unique challenges that can cause lasting damage to both if not properly managed....How to Handle Conflicts in Family-Owned Businesses
Conflicts are inevitable within businesses and families. Personal rivalries, differences of opinion, competition for resources, and questions of prestige can set individuals at odds and lead to warring factions with competing loyalties. Resolving conflicts in both...How to Protect Your Business from Lawsuits
Small business owners are no strangers to risk management. Owning and operating a small business entails a certain level of unpredictability. Despite your best efforts to stay on top of supply chains, marketing, sales, competitors, employees, and cash flow, unexpected...Business Trusts 101: What Entrepreneurs Should Know about Using a Business Trust
Trusts are usually associated with estate planning, but trusts can also apply to business operations. As a small business owner, you can hold the business in a trust instead of using a business entity such as a limited liability company (LLC) or corporation. Business...When Should I Think about Selling my Business?
Part of the reward of being a small business owner is seeing your hard work pay off over the years. The many sacrifices you made for your business can all seem worth it on the day you close a deal to sell your company. But if you are dreaming of that day, it will take...Japan’s Strict Gun Control Failed to Prevent Assassination
Breitbart reports: Japan has some of the most “restrictive” gun controls in the world – legal provisions that appeared not to prevent the assassination of former Prime Minister Abe Shinzo at the hands of an apparent lone gunman on Friday. It was a homemade shotgun....What Happens When an LLC Member Dies?
In theory, a limited liability company (LLC) can last in perpetuity. However, the owners of an LLC should plan for the day when they are no longer there to run their business. This includes not only situations like retirement or career change, but also a decidedly...What Is an Equity Purchase Agreement and Why Do I Need One?
An equity purchase agreement, also known as a share purchase agreement or stock purchase agreement, is a contract that transfers shares of a company from a seller to a buyer. Equity purchases can be used to acquire a business in whole or in part. They are frequently...22-year-old Handgunner with No Permit Stops AR-15 Armed Mall Attacker in Greenwood Indiana
Federal law unconstitutionally bans the sale of handguns to adults less than 21 years of age. Yet this 22-year-old hero, Elisjsha “Eli” Dicken, was alone able to take out a mall attacker armed with a rifle, who had already killed three and injured two....California Just Made This Picture of My Daughter Illegal (AB 2571)
California just enacted AB 2571 to restrict the ability of gun owners to transmit gun culture to their kids. This blatantly unconstitutional act bans advertising that may attract minors to firearms and the penalties for violation are huge, up to $25,000 per...Hobby or Business: What Factors Does the IRS Consider?
There are some activities we engage in outside of work strictly for personal reasons, with no thought of ever profiting from them. You might, for example, enjoy photography, hiking on the weekends, or collecting classic records. There is no monetary gain—and no...Firing with Grace
Small business owners are accustomed to having grace under fire when it comes to running their business. But it is just as necessary that they demonstrate grace when firing an employee. Due to harsh economic conditions, some sectors of the American economy had to...Can I Provide Services Instead of Capital to a New LLC?
Small business owners put their blood, sweat, and tears into ensuring the success of their company, which, though difficult to measure, are no less valuable than capital contributions. At the same time, if you are investing your time and energy into a limited...Supreme Court Sends Back Gun Cases that Upheld Bans on Open Carry, Magazines, Assault Weapons
The Supreme Court today (order list) issued “GVR’s” — granted certiorari, vacated judgment, and remanded to lower courts for reconsideration in light of NYSRPA v Bruen — in four cases that had upheld bans on open carry, magazines, and...How to Talk to Your Family About Business Succession
Benjamin Franklin famously quipped, “If you fail to plan, you are planning to fail.” From the very beginning, you had a plan for your business to succeed. You set goals and developed methods to achieve those goals. Your business has stood the test of time because you...California AG Bonta Doxes All California CCW Holders
If you have a California CCW, or if you have applied for one, then you were doxed yesterday and today by California Attorney General Rob Bonta and his merry band at DOJ. “Doxed” means a great deal of your personal, confidential information was released to...California AG Ditches Good Cause, Pitches Moral Character for CCW Denial (What is Bonta Smoking?)
Last Friday, one day after the Supreme Court’s landmark NYSRPA v Bruen decision (analyzed fully here), California’s Attorney General Rob Bonta rushed out a bizarre letter offering inept guidance to various state officials involved in issuing concealed...Supreme Court Rules in Favor of Praying Coach, School Violated His #1A Free Exercise and Free Speech Rights
In the case of Kennedy v Bremerton School District (slip opinion), SCOTUS today ruled in favor of a high school football coach who was terminated for kneeling and praying mid-game on school grounds, in violation of his First Amendment rights to free speech and to free...NYSRPA v Bruen Exceeds Expectations
Now that I’ve read the full majority opinion and concurrences, I have a few comments and predictions to make regarding NYSRPA v Bruen (I’ve omitted citations, so please just go to the actual opinion and use CTRL-F if you need to find something). I ignored...Supreme Court Overrules Roe v Wade, Returns Abortion Issue to People and Elected Reps
The Supreme Court of the United States, a few minutes ago, released its opinion in Dobbs v Jackson overturning both Roe v Wade and Planned Parenthood v Casey, thus returning the issue of abortion to the People and their elected representatives. The decision is either...
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