Ask Cari: What are the Steps for Forming an LLC?

Rincker LawBusiness/Commercial Law

One of the first decisions to make when starting a business is what type of business entity to form. The limited liability company (LLC) is one of the most popular business structures because it offers a level of flexibility and legal protection that is attractive to many people who are starting their own businesses. The following six steps will help …

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Ask Cari: What Should I Know About Business Credit?

Rincker LawBusiness/Commercial Law

For a small business to grow, it is often necessary to borrow money. In fact, the Small Business Administration reports that the inability to obtain funding is one of the main obstacles that prevents small businesses from expanding their operations. To increase your business’s chances of obtaining much-needed funding, it is important to understand and establish business credit. What is …

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Ask Cari: What Are the Benefits and Risks of Forming an LLC?

Rincker LawAsk Cari, Business/Commercial Law

If you have decided to start a business and are researching the available business entity types, you may repeatedly come across the terms “limited liability company” and “LLC,” but you might not understand what this type of entity is or whether it is right for you. A limited liability company (LLC) is a business entity that protects its owners, referred …

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The Personal Guarantee: 5 Ways Small Business Owners Can Reduce Their Liability

Rincker LawBusiness/Commercial Law

Small businesses make a huge contribution to the U.S. economy. Nevertheless, starting a new business is risky. Lenders view loans to small businesses, particularly start-ups, as among the riskiest they make, particularly when there is little or no credit history or business revenue on which to base their decision. In an effort to lessen their risk, lenders frequently require small …

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Steps to Protect Your Small Business from Non-Paying Customers

Rincker LawBusiness/Commercial Law

Unfortunately, most businesses must deal with non-paying customers at least occasionally. You can safeguard the time and money you have invested in your small business by taking several steps, both to lessen the likelihood of nonpayment and to obtain the amount owed once a customer has failed to make a timely payment. Be Proactive Screen potential customers in advance. Particularly …

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Ask Cari: Should My Small Business Have a Vacation Policy?

Rincker LawBusiness/Commercial Law, Employment and Labor Law

There is no legal requirement for businesses to offer paid or unpaid vacation time to employees, but it is common knowledge (and common sense) that employees who occasionally take time off are more productive and engaged when they return to work. If you decide to offer vacation time to your employees, a well-drafted vacation policy will help to ensure that …

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Ask Cari: What Do Employers Need to Know about Noncompetes?

Rincker LawBusiness/Commercial Law

A small business that has invested substantial resources in developing a product or a customer base could be devastated if its employees then go to work for a competitor down the street or set up their own competing business.  A noncompetition agreement is an important tool that could protect your business from former employees who could otherwise reveal or use …

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Ask Cari: What are Stay Bonus Agreements?

Rincker LawBusiness/Commercial Law, Employment Law

Do you have certain key employees who help make your family business a success? Keeping those employees may be essential to a successful transition of ownership and management to your children or another new owner when you retire or pass away. A “stay bonus” (also called a retention bonus) is a strategy that is frequently used by large companies during …

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Attracting Stellar Employees for Your Small Business

Rincker LawBusiness/Commercial Law, Employment Law

The economy is booming, which is excellent news for small businesses, right? In general, it is great news for all businesses. However, it also presents some challenges, particularly for small businesses. According to the June 2019 National Federation of Independent Businesses (NFIB) Jobs Report, small business owners identified the difficulty of finding qualified employees as their single most important business …

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Ask Cari: What Should I Know about “Ban-the-Box” Laws?

Rincker LawBusiness/Commercial Law, Employment and Labor Law

Thirty-three states and 150 municipalities and counties have enacted “ban-the-box” laws precluding employers from including questions about criminal history on employment applications. In many of these states, ban-the-box statutes apply only to public employers, but 13 states (including some of the most highly populated, such as California and Illinois) and 18 municipalities and counties have applied them to most or …

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Ask Cari: How do I Legally Terminate an Employee?

Rincker LawBusiness/Commercial Law, Employment and Labor Law

Most small business owners will occasionally have to face the unpleasant task of firing an employee. Small businesses, in particular, rely heavily on each employee. An underperforming employee may not only lower the morale of other employees who have to pick up the slack, but may also jeopardize the success of the business.  When an employee must be terminated, it …

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Ask Cari: Can my Small Business Write Off Bad Debts?

Rincker LawBusiness/Commercial Law

Despite your best efforts to work only with customers or clients you believe will pay for the goods or services your business provides and to diligently collect delinquent amounts owed, you will almost inevitably have to deal with bad debts on occasion. In some circumstances, the IRS allows you to take a bad debt deduction. What Is Considered a Business …

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