If you are starting a new business, the type of business entity you decide to establish will have an impact on the extent of personal liability, how the business is taxed, its management, the level of formality required, and many other factors. There are a wide variety of options, which can make this decision quite overwhelming. Limited liability companies (LLCs) …
Ask Cari: What Provisions Should Small Businesses Include in Commercial Leases?
Are you considering leasing office or retail space for your small business? The terms of your lease can have a huge impact on whether your business succeeds or fails. There are several important provisions that should be considered before you sign on the dotted line. Leases of a certain duration (usually one to three years, depending upon the state) are …
Legal Issues to Consider Before Selling Products Online
If you are considering expanding your physical business or starting a home-based business, selling your products online is a great way to reach additional customers. Before you begin to sell products online, there are several legal issues you should be aware of to ensure that your business is compliant with the law and that your interests are protected. Business entity. …
Ask Cari: Do I Need to Form a DBA?
If you are interested in asking Cari a question to be promoted on her YouTube channel or on her podcast, Ag Law Today, please email Cari Rincker at cari@rinckerlaw.com with Ask Cari in the subject line. Your identity will remain anonymous. Cari’s answers are for informational purposes only and should not be considered legal advice.
Health Savings Accounts: What Are the Benefits for Businesses?
With the rising cost of health insurance, employers and employees alike are looking for the best ways to save money on medical expenses. One option that can be beneficial to both small business owners and their employees is the health savings account (HSA), which is available when an employee selects a high deductible health plan offered by the employer. What …
Cybersecurity: Protecting Your Business
Cybersecurity is a growing concern for businesses, and small businesses are not immune from the threats posed by cybercriminals. Don’t be complacent because your business is small: Almost half of all cyberattacks in the U.S. are directed at small businesses. In recognition of this serious problem, in August 2018, President Trump signed into law the NIST Small Business Cybersecurity Act, …
4 Steps to Ensure the Enforceability of E-Signatures
More and more, transactions between small businesses and their customers, vendors, and service providers occur online rather than on paper. Yet some feel uneasy about the enforceability of these electronically-signed documents. Is an electronic signature as valid as a conventional handwritten signature? Under state and federal law, e-signatures are recognized as valid and enforceable: Most states have adopted the Uniform …
Business License and Permit Requirements
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 …
7 Key Elements Prospective Funders Look for in a Business Plan
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 …
Stay in Control: Good LLC Governance
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 …
Transferring LLC Membership Interests Part 1—An Overview
Say you are a member of an LLC. You own membership interests in the LLC. But what if you want to leave the LLC? What if you get a divorce? What if you have creditors seeking immediate repayment? What can you do with your membership interests? The answer depends on how transferable those membership interests are. A transfer of LLC …
Community Engagement and the “Good Guy” Escape Hatch
Almost everyone wants to be the good guy. Engaging your business in the local community through volunteerism and charitable giving can have a positive impact both on your business and in your community. The more public-facing your business is and the larger your staff grows, the more opportunities your business will have to be the good guy as employees and …