Business License and Permit Requirements

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If you are starting a new business, it is important not to overlook federal, state, and local business license and permit requirements. Almost every business, even one that is home-based, is required to obtain some form of license or permit in order to operate legally. Failure to do so can lead to fines, and in some cases, the closure of …

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7 Key Elements Prospective Funders Look for in a Business Plan

Rincker LawBusiness/Commercial Law Leave a Comment

As the economy improves, more and more entrepreneurs are considering starting or expanding their small businesses. However, most small business owners do not have the financial resources to do this without obtaining outside funding. If you are looking for funding for your business, you will need to provide prospective funders with a well-thought-out and professional business plan, regardless of the …

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Dealing with Negative Online Reviews of Your Business

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You’ve worked hard to build your small business. Nothing is more frustrating than negative online reviews, particularly if you feel they are unjustified or have been posted in bad faith. There are several steps that you can take to prevent your business’s reputation from being damaged by unfavorable reviews. Respond promptly and professionally. More and more potential customers are turning …

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Does an Employee Handbook Create a Contractual Obligation?

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Every business with at least one employee should have an employee handbook, sometimes also called an employee manual or code of conduct, setting out the company’s policies and rules and the laws applicable to the employment relationship. It establishes the expectations in the relationship and enables employers to deal with similar situations consistently. Typically, employers do not intend for the …

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Employment Eligibility Verification: What You Need to Know about the I-9

Rincker LawBusiness/Commercial Law, Employment and Labor Law Leave a Comment

Immigration isn’t just a hot topic in the news—it has real impact on employers. All employers, including small businesses, are required to complete and retain a Form I-9 Employment Eligibility Verification for every person they hire to work inside the U.S. for pay or any other type of compensation. Failure to comply could result in severe penalties. What Is the …

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Record Keeping for Your Business: What’s Required?

Rincker LawBusiness/Commercial Law, Employment and Labor Law Leave a Comment

Whether you are just starting up a new company or have a business that has been in operation for a while, good record keeping is an essential part of running your business. You are responsible for establishing an effective system to store and maintain your business records whether your small business is a sole proprietorship, partnership, LLC, or corporation. Some …

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LLC Operating Agreement: Is a Non-Compete Clause Necessary?

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You and several friends start a new business and decide to operate it as a limited liability company (LLC). Now that you’ve completed the  first step—choosing a business entity—it is now important to prepare an operating agreement. The operating agreement is a contract which governs the operations of the LLC and sets forth the arrangements made among the members, including …

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What Every You Need to Know about IRS Form 1099: Reporting and Requirements

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If your business made or received payments to independent contractors and entities (other than compensation to your employees) during the calendar year, it’s likely you must file an information return called a Form 1099 with the IRS. You may also need to send a copy of the form directly to the recipient of the payments. Being aware of and meeting …

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Don’t Let Change Wreck Your Business: The Buy-Sell Agreement

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Divorce. An unexpected death, disability, or retirement. An irreconcilable dispute. These triggering events may put your successful, stable business into a tailspin. Luckily, a buy-sell agreement can help you and your business be better prepared to handle these events. What is a Buy-Sell Agreement? A buy-sell agreement is a legally binding agreement between co-owners of a business that controls what …

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Stay in Control: Good LLC Governance

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The LLC is a popular way to structure a business because it provides personal liability protection to the members– like a corporation does to its shareholders–but without as many administrative formalities. But if you’re an LLC member, don’t let this lull you into complacency. As a business owner, you’re responsible for the proper governance of the LLC.  If a conflict …

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Business License and Permit Requirements

Rincker LawBusiness/Commercial Law Leave a Comment

If you are starting a new business, it is important not to overlook federal, state, and local business license and permit requirements. Almost every business, even one that is home-based, is required to obtain some form of license or permit in order to operate legally. Failure to do so can lead to fines, and in some cases, the closure of …

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Transferring LLC Membership Interests Part 2—Voluntary Transfers

Rincker LawBusiness/Commercial Law, Food & Ag Organizations Leave a Comment

An LLC affords its members a certain amount of personal asset protection. Part of this protection hinges on the restricted transferability of LLC membership interests.  Restricted transferability protects the non-transferring members from creditors and unwelcome new members, which upholds the integrity and value of the non-transferring members’ membership interests. Most (but not all) LLCs impose requirements or restrictions on the …

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