by Dave Duringer - Protective Law Corp | Jun 6, 2022 | Blog, Estate Planning, Venture Protection
Divorce is rarely simple. When two people’s lives are intertwined—physically, emotionally, and legally—separating the individual strands can be a task akin to untying the Gordian knot. The longer a couple has been together and the more they share, the more difficult...
by Dave Duringer - Protective Law Corp | May 31, 2022 | Asset Protection, Blog, Business Succession, Estate Admin, Estate Planning, Limitation of Liability, Probate Admin, Venture Protection
The limited liability company (LLC) is a popular business structure that offers liability protection and avoidance of double taxation. Trusts are popular asset transfer vehicles that allow you to avoid probate and keep assets out of the hands of creditors. By placing...
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 | 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 | Apr 25, 2022 | Blog, Venture Protection
Starting a small business entails significant risk. You forego the security of a steady paycheck to create economic opportunities for yourself. Business failure rates have remained steady over the years, but the statistics are pretty daunting: by the five-year mark,...
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 | Mar 4, 2022 | Asset Protection, Blog, Estate Planning, Limitation of Liability, Venture Protection
As a small business owner who puts in long hours to build your enterprise, it can sometimes feel like there is no separation between your personal and professional lives. You are probably willing to make this sacrifice to build a company that reflects your values and...
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 | Dec 23, 2020 | Business Succession, Buying or Selling a Closely Held Business, Venture Protection
If you are a business owner, you probably worry about your bottom line, employee retention, and health insurance premiums, but have you also considered what will happen to your business if you are in an accident? What if your business partner gets divorced and...
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 31, 2019 | Business Succession, Family Maintenance, Family Protection, Religious Faith
The reason for the season. "Today in the town of David a savior has been born to you; He is Christ the Lord." – Luke 2:11https://t.co/ePL8UKhjFY pic.twitter.com/P6L4hBPHeg— Official Hobby Lobby (@HobbyLobby) December 25, 2019 Do you have a...
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 | Dec 2, 2019 | Business Succession, Estate Planning, Venture Protection
As your small business expands and evolves, it may make sense to consider changing its structure. Many small businesses start out as sole proprietorships or partnerships, with only one or two owners and no employees. Over time, as your business grows and...
by Dave Duringer - Protective Law Corp | Nov 4, 2019 | Business Succession, Financial Mentorship
You have spent years building your small business, but have you taken time to consider what will happen to it when you retire, become disabled, or pass away? Although it is often hard to fathom an event that may not occur for many years, it is important to put...
by Dave Duringer - Protective Law Corp | Sep 17, 2019 | Business Succession, Buying or Selling a Closely Held Business
As a partner or co-owner (private shareholder) of a business, you’ve spent years building a valuable financial interest in your company. You may have considered setting up a buy-sell agreement to ensure your surviving family a smooth sale of your business...
by Dave Duringer - Protective Law Corp | Apr 7, 2019 | Business Succession, Estate Planning, Venture Protection
With enough lead time, it can be possible to eliminate estate tax, or at least to minimize and defer the payment of such tax. With the estate tax rate a significant 40 percent, this can make all the difference in allowing a business to remain family-owned, for...
by Dave Duringer - Protective Law Corp | Jul 12, 2018 | Asset Protection, Business Succession, Estate Planning, Limitation of Liability, Venture Protection
In at least one sense business succession planning is like planning for guns: you need to make sure beneficiaries are responsible enough to handle the asset. Plus a little asset protection might be a good idea. Putting aside the ultimate outcome of the...
by Dave Duringer - Protective Law Corp | Jul 3, 2018 | Business Succession, Venture Protection
It may seem oversimplified, but communication really is paramount to successful succession planning, and it needs to begin when the founders are still in control. This paves the way for properly communicating the founders’s wishes and plans, and will also give...
by Dave Duringer - Protective Law Corp | Jun 17, 2018 | Business Succession, Buying or Selling a Closely Held Business
More on this topic at our weekly seminar here. In closely held businesses, owners and managers are focused on operations and usually don’t have extensive experience buying and selling companies. However, advanced exit planning allows owners and management to...
by Dave Duringer - Protective Law Corp | Nov 25, 2017 | Asset Protection, Business Succession, Creditors & Predators, Estate Planning, Family Protection, Tax Planning, Venture Protection
Some of the reasons listed here: Despite the proposed high estate, GST and gift tax exemptions and whether there’s repeal, trusts will remain extremely popular for many non-tax reasons, including: family governance/succession/education; ability to override the...
by Dave Duringer - Protective Law Corp | Jul 16, 2017 | Asset Protection, Estate Planning, Family Protection, Venture Protection
Because you are busy, but want the peace of mind that comes from knowing your family is protected, we’ve created a SHORT 15-minute online course for you to take and get an idea whether it is time to update your estate plan. Access the “Do I need to update...
by Dave Duringer - Protective Law Corp | Apr 21, 2017 | Archived, Estate Planning, Tax Planning, Venture Protection
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 28, 2017 | Business Succession, Career Maintenance, Career Preparation, Charity, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Pet Protection, Punishment, Religious Faith
Over the next 20 years, $30 trillion dollars could be transferred from the current generation to the next, making now a critical time for advisors to discuss multigenerational planning with high net worth clients. Along with planning for the financial...
by Dave Duringer - Protective Law Corp | Mar 21, 2017 | Business Succession, Estate Planning
In Missouri, wife Themetta can claim at least half of the cash and a half stake in the intellectual property. Odds are she’ll get a lot more if there was a will, since she was married to him a full 68 years and he was with her until the end.By the way, the...
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 | Mar 13, 2017 | Business Succession, Estate Planning, Family Protection, Financial Mentorship, Venture Protection
One common misconception is that sheltering the younger generation from knowing about the magnitude of the family wealth is in their best interest. Contrary to such opinion, the survey found that it’s important to teach children and grandchildren the family’s...
by Dave Duringer - Protective Law Corp | Mar 12, 2017 | Business Succession, Estate Planning, Venture Protection
Succession planning involves more than valuations and buy-sell agreements. Given all the blood, sweat, and tears you’ve put into your business, you don’t want to risk passing it to the wrong person—someone who doesn’t care for your clients the same way you do...
by Dave Duringer - Protective Law Corp | Mar 11, 2017 | Business Succession, Estate Planning, Venture Protection
In a fireside chat with Professor Michael Preston, Paul J. Fribourg, the keynote speaker, focused on the importance of having clearly defined roles for family members and making decisions as a unit. Fribourg is the Chaiman and CEO of Continental Grain Company,...
by Dave Duringer - Protective Law Corp | Mar 7, 2017 | Asset Protection, Business Succession, Estate Planning, Family Protection, Financial Mentorship, Venture Protection
Seems like just about every college has gone full marxist these days, and as a conservative I bristle at the idea that families really need those loons. This article makes a pretty good case that we all benefit from an academia attentive to Family Business....
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 15, 2017 | Business Succession, Estate Planning, Venture Protection
Ten ways to plan strategically in the medium term so the business stays in the family for the long-term.PWC recently rolled out the 8th edition of their biannual Family Business Survey. One of the major themes of the study was a shocking inattention among...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Business Succession, Career Maintenance, Career Preparation, Charity, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Punishment, Religious Faith, Spendthrift Children
Good discussion of incentive trust planning: Many subjects that serve as substantial planning motivators aren’t found on client questionnaires and are frequently absent from planning discussions. Source: The Other Reasons For Estate Planning (Well actually, we...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Business Succession, Career Maintenance, Career Preparation, Estate Planning, Family Protection, Financial Mentorship, Venture Protection
So how does someone determine if he is “too old” to make independence work? It really comes down to a few key characteristics shared by those advisors who took the leap: They really wanted it. They believed in their ability to migrate clients and grow. They had...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Asset Protection, Business Succession, Career Preparation, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Income Tax, Tax Planning, Venture Protection
This article raises important points — plan for the long-term and don’t let taxes direct the planning over more important goals — plus it’s a good review of the many benefits of life insurance. But as I’ve previously noted, the...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Buying or Selling a Closely Held Business, Limitation of Liability, Venture Protection
Aggrieved parties have long been able to sue in federal court for copyright, patent, and trademark violations. Surprisingly, no corresponding private cause of action has existed for trade secret theft. Instead, trade secret cases were the domain of state...
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 | Jan 23, 2017 | Archived, News & Commentary, Venture Protection
Trump meets with CEOs and pledges to cut taxes ‘massively’ 11 Hours Ago | 03:13President Donald Trump told business leaders on Monday he believes he can cut regulations by 75 percent or “maybe more.” Source: Trump tells business leaders he...
by Dave Duringer - Protective Law Corp | Jan 14, 2017 | Business Succession, Career Preparation, Estate Planning, Family Protection, Financial Mentorship, Firearm Legacy, Venture Protection
[bctt tweet=”.@realdonaldtrump: You’ll say Mr. Pres we win #2A much, can’t take it & I’ll say #MAGA” username=”guntrust”] Trump’s legacy of winning is motivational for any individual, family, business or country....
by Dave Duringer - Protective Law Corp | Jan 13, 2017 | Asset Protection, Business Succession, Career Maintenance, Career Preparation, Creditors & Predators, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Financial Mentorship, Gift Tax, Income Tax, Retirement Planning, Tax Planning, Venture Protection
Among the chief goals of succession planning is providing continuity of management and minimizing the tax costs of transferring property interests to new generations.Source: Six Things Family-Owned Firms Should Know About Succession Planning
by Dave Duringer - Protective Law Corp | Jan 9, 2017 | Asset Protection, Buying or Selling a Closely Held Business, Estate Planning, Income Tax, Tax Planning, Venture Protection
For international investors who want to thrive in the California lifestyle, they face three different issues: immigration status, business investment and tax planning. For these clients, I recommend they consider “Roundtripping”, (i.e., they invest in a CA...
by Dave Duringer - Protective Law Corp | Dec 28, 2016 | Business Succession, Buying or Selling a Closely Held Business, Estate Planning, Family Protection, Financial Mentorship, Venture Protection
(Get your parents into our free 2-hour estate plan design meeting.)
by Dave Duringer - Protective Law Corp | Dec 24, 2016 | Business Succession, Buying or Selling a Closely Held Business, Estate Planning, News & Commentary, Venture Protection
Sad to see the NRA succumb to bigotry, or playing to bigotry, in the title of this article. “Big Law” would have been more accurate than “Corporate Lawyers” — there is no need to lump all corporate counsel in with this insanity, any more...
by Dave Duringer - Protective Law Corp | Dec 24, 2016 | Business Succession, Buying or Selling a Closely Held Business, Estate Planning, Family Protection, Religious Faith, Venture Protection
Merry Christmas: Two-thirds of Democrats (66 percent) said stores or business should greet customers with “Happy Holidays” or “Seasons Greetings” instead of “Merry Christmas” out of respect for people of different faiths. Two-thirds of Republicans (67 percent) said...
by Dave Duringer - Protective Law Corp | Dec 8, 2016 | Business Succession, Estate Planning, Family Maintenance, Family Protection, Venture Protection
Most Americans still say Jesus is the “reason for the season,” and want to keep the focus on Christmas when it comes to store signs. Source: Americans Think Christmas Should Be About Jesus – Rasmussen Reports™