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 member-managed or manager-managed. Being an LLC manager means having the legal authority to …
What Is Reverse Veil Piercing and How Should You Protect Against It?
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 the corporate veil. When this occurs, creditors who win a legal judgment against the corporation or LLC may target the personal assets of a …
Business Ownership and Divorce: What You Need to Know
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 this task becomes. It can be even more difficult if the divorcing couple co-owns a business or one spouse …
Personal Guarantees: What They Are and When They Are Required?
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 report or business assets, lenders cannot judge whether your company is a …
How Do I Change the Directors on My Corporate Board?
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 directors makes major business and policy decisions for the corporation that are carried out by corporate …
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 expectation of making a profit—from these pastimes. You do them simply because you like to do them. Then …
How to Set Up Your Board of Directors
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 corporate bylaws and other corporate documents. Some requirements for boards of directors, including duties they owe and when …
What You Need to Know about S Corporations
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 taxation and a lower overall tax bill. However, not every business can be classified as an S corporation. There are strict Internal …
Legal Issues for E Commerce Businesses
Do you have an internet-based business? Even if you facilitate the purchase and delivery of products or services entirely online, you are still running a business with all of the legal advantages and pitfalls that entails. Many e-commerce operations face unique legal challenges, which Rincker Law can help you solve. Contract Negotiation & Management Every e-commerce business relies on relationships …
How to Pay Yourself When You Own an LLC
One significant advantage of organizing your business as a limited liability company (LLC) is the flexibility it affords. The Internal Revenue Service (IRS) allows LLC owners to choose how their business will be taxed. As an LLC owner, you can be taxed as a sole proprietorship (if you are the LLC’s sole member), a partnership (if your LLC has two …
Why it is Important to Have a Corporate Formalities Checkup for Your Business in Illinois
Most people don’t have to be reminded about having annual checkups at the doctor and dentist’s office. However, it’s not unusual for those same individuals to ignore the need for annual corporate formalities checkups. This is an especially critical practice for smaller businesses that don’t have an in-house legal department. If you’d like to ask for a corporate formalities checkup …
Business Insurance: Protecting Your Business from Unexpected Losses
As a small business owner, you have invested large amounts of time and money to make your business a success. Business insurance protects this investment in the event of unexpected damage to property or lawsuits, which could otherwise be devastating to your business. There are many types of insurance available depending upon the nature of your business. Worker’s compensation insurance …