by Dave Duringer - Protective Law Corp | Sep 12, 2022 | Blog, Business Succession, Buying or Selling a Closely Held Business, Entity Formation, Operation & Governance
If you are considering buying or selling a business, you may need an asset purchase agreement. An asset purchase agreement (APA) is a contract that specifies the terms and conditions for the sale and purchase of a business or certain business assets. The APA...
by Dave Duringer - Protective Law Corp | Sep 9, 2022 | Blog, Business Succession, Entity Formation, Operation & Governance, Regulatory Compliance
Corporations are required to have a board of directors, which is selected by the shareholders. The board of directors helps govern the corporation, provides advice and counsel, conducts high-level management, elects officers, votes on key decisions, and protects...
by Dave Duringer - Protective Law Corp | Aug 24, 2022 | Blog, Buying or Selling a Closely Held Business, Entity Formation, Operation & Governance, Venture Protection
With the country emerging from pandemic lockdowns and economic activity beginning to expand, small business owners are optimistic about the future. Supporting local businesses can help them grow and thrive in a post-pandemic economy. But what if you could help a...
by Dave Duringer - Protective Law Corp | Aug 23, 2022 | Blog, Entity Formation, Estate Planning, Limitation of Liability, Operation & Governance, Tax Planning, Venture Protection
Farming brings to mind kinship with nature and a simpler way of life. But the farming industry is highly regulated, and navigating the applicable laws and regulations can be far from simple. A rising world population creates greater demand for food and the farmers who...
by Dave Duringer - Protective Law Corp | Aug 22, 2022 | Blog, Business Succession, Buying or Selling a Closely Held Business, Entity Formation, Limitation of Liability, Operation & Governance, Venture Protection
Many business partnerships eventually come to an end. Like other types of relationships, when business partners decide to split up, the process can be amicable or contentious. For personal and professional reasons, dissolving the partnership on good terms is in the...
by Dave Duringer - Protective Law Corp | Aug 18, 2022 | Blog, Entity Formation, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
Multilevel marketing (MLM) businesses sell products or services directly to retail customers using commission-based, nonsalaried representatives who are encouraged to recruit new representatives and form their own sales networks. They can have thousands of...
by Dave Duringer - Protective Law Corp | Aug 17, 2022 | Blog, Entity Formation, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
If you have ever considered starting an e-commerce business, now is a great time to move from ideation to action. Online retail sales exploded to an all-time high amid COVID-19 lockdowns, travel bans, and brick-and-mortar closures, and this was not just a temporary...
by Dave Duringer - Protective Law Corp | Aug 8, 2022 | Asset Protection, Blog, Business Succession, Buying or Selling a Closely Held Business, Creditors & Predators, Entity Formation, Estate Planning, Family Maintenance, Financial Mentorship, Fortune, Limitation of Liability, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Jul 27, 2022 | Blog, Entity Formation, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
The number of people working from home has never been higher. During the pandemic, many workers got a taste of the remote-work future and realized that they prefer to work from home. Now, as companies move ahead with return-to-office plans, there is an emerging power...
by Dave Duringer - Protective Law Corp | Jul 11, 2022 | Blog, Business Succession, Entity Formation, Fortune, Limitation of Liability, Operation & Governance, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Jun 22, 2022 | Blog, Entity Formation, Limitation of Liability, Operation & Governance, Venture Protection
S corporation status is one of several tax classifications that you may be able to elect for your enterprise. For C corporations and limited liability companies (LLCs) that qualify, S corporation election offers shareholders advantages that include pass-through...
by Dave Duringer - Protective Law Corp | Jun 7, 2022 | Asset Protection, Blog, Business Succession, Entity Formation, Estate Planning, Venture Protection
Both running a successful business and having a successful marriage require commitment and hard work. Operating a business as a married couple can present its share of challenges, but being devoted to one another as spouses and as business partners can bring higher...
by Dave Duringer - Protective Law Corp | May 23, 2022 | Blog, Entity Formation, Estate Planning, Venture Protection
Trusts and limited liability companies (LLCs) are both legal vehicles that can be used to manage and protect assets, minimize taxation, and avoid probate. Whether a trust or an LLC is a better choice may depend on the type of asset, but you do not necessarily have to...
by Dave Duringer - Protective Law Corp | Feb 22, 2022 | Blog, Entity Formation, Operation & Governance, Venture Protection
Membership in a limited liability company (LLC) may come with voting rights. Member voting rights are addressed in the LLC operating agreement, which typically provides that LLC members must vote on several issues that are material to the continuance of the business....
by Dave Duringer - Protective Law Corp | Feb 16, 2022 | Entity Formation, Operation & Governance, Regulatory Compliance, Venture Protection
If your business is registered with the state, you are required to name a registered agent at the time of registration or incorporation. A registered agent is the person who receives legal and tax documents on behalf of your business. You or other people in your...
by Dave Duringer - Protective Law Corp | Nov 30, 2016 | Asset Protection, Entity Formation, Estate Planning, Limitation of Liability, Venture Protection
While it should go without saying, a business owner should intentionally choose its structure and tax status and accept the related tax and governance implications. Inadvertently forming the wrong entity could have costly consequences. In this case, it seems...
by Dave Duringer - Protective Law Corp | Jun 28, 2016 | Asset Protection, Creditors & Predators, Entity Formation, Income Tax, Tax Planning, Venture Protection
The IRS recently released temporary regulations clarifying that an employee of a disregarded entity is liable for self-employment tax if the employee is a partner in the partnership that owns the disregarded entity. See Treasury Decision 9766 (May 4, 2016). Source:...