Understanding Corporate Management: Who Is Really in Charge?

Rincker Law Business/Commercial Law Leave a Comment

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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Ask Cari: Q & A on Farm/Ranch Estate and Succession Plan

Rincker Law Food & Ag Law Leave a Comment

How can the property and finances be split if a succession plan is Not in place? If you don’t have a plan in writing with a Last Will and Testament, Trust and/or business formation documents (e.g., Operating Agreement or Bylaws) then the law will decide for you.  Everybody has an estate plan- it’s what the “default rules” are in your …

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Five Considerations Before You Use a Payment Demand Letter

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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

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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 Law Business/Commercial Law, Food & Ag Law, Property Law, Real Estate Transactions Leave a Comment

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

Rincker Law Business/Commercial Law Leave a Comment

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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Good News for PPP Recipients of $50,000 or Less: Simplified PPP Forgiveness Process

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Following the first surge of COVID-19 cases in the United States, many businesses financially impacted by the pandemic have applied for federal funds through the federal government’s Paycheck Protection Program (PPP). One key element of the PPP is loan forgiveness, but business owners who received PPP funds must apply for loan forgiveness. If you received funds and are in the …

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Staying on Track: What Every Employer Should Know About Tracking a Remote Employee’s Time

Rincker Law Employment and Labor Law 1 Comment

The COVID-19 pandemic has ushered in a wave of new teleworkers. This shift in the way employers conduct business brings new challenges as they seek to comply with the Fair Labor Standards Act (FLSA) requirement of paying employees for all hours worked. In response, the Department of Labor released Field Assistance Bulletin No. 2020-5[1] (FAB 2020-5) to provide additional guidance …

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Cari Rincker Featured in the “Women of the ASA” Series in the Register

Rincker Law Family/Matrimonial Law, Food & Ag Law Leave a Comment

I’m very proud of my Simmental roots and incredibly honored to have been featured in the October issue of the Register by the American Simmental Association.  You can find the article on Page 20 of this issue.  It highlights my activities with the American Junior Simmental Association, which played a significant role to my path to success, and what lead …

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Ask Cari: What Is the Difference between a Limited Liability Company and a Corporation?

Rincker Law Business/Commercial Law Leave a Comment

When starting a business, a business owner must first choose which type of entity to create. Two of the most popular entity types are the limited liability company (LLC) and the corporation. Choosing between these two types of entities can be difficult for business owners who are not familiar with the unique features of each type. To choose the right …

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Ask Cari: How Does LLC Ownership Work?

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The limited liability company (LLC) is a popular business structure for new businesses, but what does it really mean to own an LLC? LLCs provide unique opportunities to customize business ownership to fit the particular needs and circumstances of the owners. Here is what you should know about LLC ownership. The Basics The owners of LLCs are often called members. …

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What Happens to a Limited Liability Company After a Member Dies?

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Death is almost always a complicated event for the survivors, who have not only emotional but also logistical considerations to manage. However, when an owner (typically called a member) of a limited liability company (LLC) dies, it exacerbates the difficulties for the surviving members. In addition to bearing the loss, they must determine whether the LLC can or even should …

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