by Dave Duringer - Protective Law Corp | Jun 21, 2022 | Blog, Operation & Governance, Venture Protection
It has been a tough couple years for small businesses. Across the country, millions of small businesses have temporarily closed their doors due to the COVID-19 pandemic. Even now, as the pandemic eases and operations begin to pick back up, many small businesses report...
by Dave Duringer - Protective Law Corp | Jun 20, 2022 | Blog, Limitation of Liability, Operation & Governance, Venture Protection
Normally, limited liability business entities, which include corporations and limited liability companies (LLCs), prevent the entity’s creditors from going after an owner’s personal assets to satisfy their claims. But in rare circumstances, courts allow piercing of...
by Dave Duringer - Protective Law Corp | Jun 17, 2022 | Blog, Operation & Governance, Venture Protection
You might think that a board of directors is something that only big companies have, but all S corporations and C corporations—even small businesses—are legally required to have boards of directors. Specific rules for the board of directors are established in the...
by Dave Duringer - Protective Law Corp | Jun 16, 2022 | Blog, Operation & Governance, Venture Protection
Employee performance reviews can be stressful for workers and managers alike. Now more than ever, with workers quitting their jobs in droves as part of the “The Great Resignation,” managers may be hesitant to provide direct, constructive criticism that could be...
by Dave Duringer - Protective Law Corp | Jun 15, 2022 | Blog, Operation & Governance, Venture Protection
A business grant is a form of financial assistance given to a company by a government agency or private organization for a specific purpose. Grants, unlike loans, do not need to be paid back. Despite this benefit, finding a grant that your business qualifies for and...
by Dave Duringer - Protective Law Corp | Jun 14, 2022 | Blog, Operation & Governance, Venture Protection
Businesses are governed by laws and regulations that affect nearly every aspect of their operation. From formation, hiring, and firing, to drafting contracts, resolving disputes, and dissolving or selling the company, there are numerous legal matters that arise during...
by Dave Duringer - Protective Law Corp | Jun 13, 2022 | Blog, Operation & Governance, Venture Protection
Your new business needs a capital infusion to get off the ground. The only problem is that a new business is not established enough to have generated a business credit report. It may also be lacking assets that can be used as loan collateral. Without a business credit...
by Dave Duringer - Protective Law Corp | May 24, 2022 | Blog, Estate Planning, Limitation of Liability, Operation & Governance, Venture Protection
Arbitration provisions, which allow legal disputes to be settled outside of the court system, are increasingly found in contracts of all kinds, including employment contracts. A series of court rulings over the years has spurred the increased use of arbitration...
by Dave Duringer - Protective Law Corp | Apr 7, 2022 | Asset Protection, Blog, Creditors & Predators, Estate Planning, Operation & Governance, Venture Protection
When setting up your business, one of the most significant decisions you will make is which type of entity to form. If you have settled on forming a limited liability company (LLC), you must also choose the type of management structure it will have. LLCs can be...
by Dave Duringer - Protective Law Corp | Mar 29, 2022 | Blog, Estate Planning, Operation & Governance, Venture Protection
Corporate directors act as the governing body of a corporation. They manage the corporation’s business on behalf of the individuals who own the corporation. Directors serve on a board, and the board acts as a group to exercise the corporation’s powers. The board of...
by Dave Duringer - Protective Law Corp | Mar 17, 2022 | Blog, Operation & Governance, Venture Protection
Small businesses account for nearly half of the economic activity in the United States. To successfully compete with bigger competitors, small businesses are increasingly outsourcing to improve their efficiency and lower costs. Outsourcing allows companies to expand...
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 | Dec 7, 2021 | Blog, Operation & Governance, Venture Protection
It has been a tough couple of years for many small businesses, but, as the adage goes, what doesn’t kill you makes you stronger. Small businesses that survived the challenges of 2020 and 2021—the worst pandemic in US history, a nationwide labor shortage, supply chain...
by Dave Duringer - Protective Law Corp | Nov 17, 2020 | Blog, Regulatory Compliance, Venture Protection
To our estate planning and administration clients with businesses in their estates: As a business owner, it is almost guaranteed that you will encounter some variation of the following scenario: You engaged a client and completed fantastic work. The products...
by Dave Duringer - Protective Law Corp | Dec 2, 2019 | Operation & Governance, Venture Protection
Today, the majority of small businesses have their own websites. If you have included original written content such as blog posts, articles, or FAQs on your website as part of your efforts to draw people to your site and engage with new and existing customers,...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Asset Protection, Regulatory Compliance, Venture Protection
And it’s not just that the IRS occasionally seizes the assets of innocent business owners by mistake and is unaware of the problems with its methodology: According to the TIGTA report, the IRS almost always misses the mark. The watchdog randomly selected 278...
by Dave Duringer - Protective Law Corp | Mar 15, 2017 | Business Succession, Estate Planning, Operation & Governance, Venture Protection
Here are some ways that an advisor could help a family business instill better governance practices: Provide guidance. Each new corporation or LLC document should be accompanied by guidance on governance activities that are required and recommended. In the...
by Dave Duringer - Protective Law Corp | Feb 25, 2017 | Operation & Governance, Regulatory Compliance, Venture Protection
Since day one, President Donald J. Trump has been cutting regulatory red tape in Washington in order to help the American people and increase efficiency. Costly regulations and job-stifling bureaucratic red tape have held back the American economy for far too...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Business Succession, Creditors & Predators, Estate Planning, Regulatory Compliance, Venture Protection
But, what about political risk? Given today’s volatile political environment, it seems especially prudent to raise this topic. A quick glance at the headlines is all one needs to appreciate that these are treacherous times that require organizations to take...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Business Succession, Estate Planning, Regulatory Compliance, Venture Protection
Another regulation that brokers adhere to, but will likely come now to RIAs, is the mandate that the firm has a documented business succession plan in the event the advisor dies suddenly or otherwise becomes incapacitated. The risk is that many RIAs are smaller...
by Dave Duringer - Protective Law Corp | Jul 25, 2016 | Asset Protection, News & Commentary, Regulatory Compliance, Venture Protection
The concept of Title III was sound in theory; it should foster entrepreneurship and provide small businesses access to needed capital from a larger pool of investors. But Congress over-regulated the bill, and the requirements to comply with the regulations of Title...
by Dave Duringer - Protective Law Corp | May 31, 2016 | Regulatory Compliance, Venture Protection
Good advice, and not just for gun dealers: Your typical customers display consistent behaviors and have consistent conversations, even when they’re first-time firearm purchases. When you don’t see or hear that consistency, trust your gut!Those of us in the retail...
by Dave Duringer - Protective Law Corp | Feb 29, 2016 | Regulatory Compliance
During our FFL compliance visits, we are often asked about how to determine if the members of the store team are prohibited from being in active or constructive possession of firearms. In this article we will explore three components you may want to consider adding to...
by Dave Duringer - Protective Law Corp | Jan 28, 2016 | News & Commentary, Regulatory Compliance
If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it when people die embarrassed. And at Protect.FM, we believe good estate plans protect families. We make it easy for your family to attain the comfort of skill at arms. David R. Duringer, JD,...
by Dave Duringer - Protective Law Corp | Jan 27, 2016 | News & Commentary, Regulatory Compliance
Though he acquired a C&R in 2014, this collector’s license does not allow one to deal in guns as a business even if they meet the ATF’s test for being a curio or allow one to be “engaged in the business” of selling more modern firearms. In effect, when selling a...
by Dave Duringer - Protective Law Corp | Oct 13, 2015 | Archived, Limitation of Liability, Operation & Governance, Venture Protection
The Court of Justice of the EU has just ruled invalid the entire US-EU Safe Harbor regime for cross border transfers of personal data. High tech companies involved in such transfers will want to keep a close eye on this and get counsel immediately. Follow...