What Happens When LLC Members Disagree?

Rincker LawBusiness/Commercial Law

Every business should have a proper legal structure and bylaws or an operating agreement that sets forth the rights and responsibilities of its owners or members. While the partnership or corporation structure is better suited to some businesses, limited liability companies (LLCs) have become one of the most popular business structures over the past few decades. The LLC structure provides …

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Understanding Payroll as an Employer

Rincker LawBusiness/Commercial Law, Employment Law

Congratulations! Your business has grown and you are ready to hire your first employee. Where do you begin? What will the employee’s schedule be and how much will the employee get paid? Will your new hire be an employee or an independent contractor—and what is the difference? Did the employee sign an employment agreement? Before your new hire begins, there …

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Ask Cari: What You Need to Know about Buy-Sell Agreements

Rincker LawBusiness/Commercial Law

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 your partner’s ex-spouse is awarded part ownership of the business and wants to make decisions affecting …

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Ask Cari: Limited Liability Companies and Form 1099 Reporting

Rincker LawBusiness/Commercial Law

Business owners typically dislike dealing with the tax reporting, filing, and payment requirements associated with running a business. It can be tedious and require attention to numerous details. For businesses that have made payments to vendors and independent contractors, the type of tax reporting required and the form it should take are often overlooked and confusing. Specifically, it requires understanding  …

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What You Need to Know about Severance Packages

Rincker LawBusiness/Commercial Law, Employment and Labor Law

Business owners agree that people are the lifeline of a company. The people you hire can make or break your business. Yet as an employer, it is essential to recognize that things change. There are instances when you may have to terminate an employee. Developing a severance package is one effective strategy for dealing with exiting employees. A severance package …

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Understanding Corporate Management: Who Is Really in Charge?

Rincker LawBusiness/Commercial Law

When you decide to form a business, one legal entity type you can choose is the corporation. The corporation is one of the more complex but also one of the most trusted legal business forms. A key consideration is the way a corporation is managed: it has an intricate structure, built-in oversight, and a somewhat flexible ownership scheme. Corporate structure …

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Five Reasons Business Owners Need Estate Plans

Rincker LawBusiness/Commercial Law, Estate Planning

Business owners are notorious for engrossing themselves in the day-to-day management and functions of their businesses. As a business owner, you are likely the heart and soul of the company you lead. Your clients love you, and you have built unique relationships with your contractors and suppliers. Suppose, however, that tragedy strikes: You, as the business owner, are in a …

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Five Considerations Before You Use a Payment Demand Letter

Rincker LawBusiness/Commercial Law

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 the client desired were delivered on time with practically no issues. To request the money the client agreed to pay you, you send an invoice or a bill. Unfortunately, your invoice is …

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Why You Need an Employer Identification Number

Rincker LawBusiness/Commercial Law

There are many essential tasks to complete if you are thinking of forming a new business. An important but often overlooked step is obtaining an Employer Identification Number (EIN). An EIN is a nine-digit federal tax identification number obtained from the Internal Revenue Service (IRS). It uniquely identifies a business entity and serves many purposes for a new company. The …

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Considerations for Forming a Limited Liability Company for Real Estate

Rincker LawBusiness/Commercial Law, Food & Ag Law, Property Law, Real Estate Transactions

For individuals who own real estate, it is important to consider the best way to structure your ownership. When you are just starting out as an investor in real estate, you may hold title to the real estate personally, but that may not be the most advantageous method of ownership. Another option is to create a limited liability company (LLC) …

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Why Your LLC Needs an Operating Agreement

Rincker LawBusiness/Commercial Law

Congratulations! You have decided to form a limited liability company (LLC) to run your business. After completing your state formation process, your LLC needs to have the right documentation in place. An operating agreement, sometimes called a company agreement, is a legal document that describes and outlines how an LLC will run, and is an essential document for owning and …

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Risky Business: Piercing the Veil and How It Puts Your Business at Risk

Rincker LawBusiness/Commercial Law

When you create a limited liability company (LLC) or a corporation, the concept of limited liability is one of the key rationales for those entity choices. Limited liability is typically available when you create distinct legal entities that separate your personal assets from your business assets, thereby limiting exposure to liability on both fronts. Even though this is a foundational …

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