What happens when you form an LLC in another state but want to regularly conduct business within the State of Illinois? These are called “foreign LLC’s.” A foreign LLC must be admitted by the Illinois Secretary of State to transact business in Illinois. To do this, the foreign LLC must submit an application for admission to transact business as a foreign …
4 Social Media Mistakes that May Put Your Company’s IP at Risk
Being active on social media is hardly a choice anymore for small to medium sized businesses—it’s a given. After all, your customers are there. Connecting with your target audience in the social web can boost your brand and level the playing field between you and big competitors with larger advertising budgets. But before you rush out to tweet a deal …
5 Steps to Take When Winding Down Your Business
There are many reasons business owners close up shop, including retirement, starting a new venture or, hopefully, because they’ve won the lottery. No matter what the reason, it’s important to diligently wind down a business before moving on. Here are five steps to take: Reach consensus. If you’re a sole proprietor, then the only consensus you need is your own. …
Laws, Rules, & Regulations That May Not Apply To Small Businesses
An extraordinary number of laws, rules, and regulations govern businesses and their employees. A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …
Independent Contractor or Employee: It’s Very Easy to Cross the Line
Many businesses prefer to hire independent contractors because there’s often less overhead and fewer expenses (i.e. taxes). However, classify an employee as an independent contractor and you’re in big trouble. Here’s how to legally differentiate between the two. Who Controls the Worker? This question is not always easy to answer. According to the U.S. Internal Revenue Service (IRS), evidence of …
Business Law: Letters of Intents v. Term Sheets
A letter of intent is used in many types of businesses to list the terms of a proposed deal between prospective parties. While the letter of intent is usually signed by both parties, it contains language stating that this letter does not create a binding obligation on either party. Despite this fact, there has been a great deal of litigation …
Illinois Employment Law: Overview of Farm Labor Laws
This expansive outline on farm labor laws was created for the 2018 Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It covers employment classifications (e.g., employer, employee, independent contractor), unpaid farm labor (e.g., internships, apprenticeships, volunteer farm labor, hiring and firing practices, wage and hour laws (including child labor laws), the Family Medical Leave Act, and employee handbooks.
Chart on Illinois Business Entities
This helpful chart for Illinois business entities was used for a speaking engagement last spring with Illinois Farm Bureau. It illustrates some of the major differences among different choices of business entities in Illinois including but not limited to sole proprietorship, general/limited partnerships, limited liability companies (including series LLC’s), and corporations. I’m a visual person so I love charts and …
Business Law: General Release for Video-Tapped Testimonials
My office just drafted a simple general release form for an agri-business client seeking permission to videotape client testimonials and use the recordings online. I think it’s a great idea to have a simple consent form to use for these types of situations where video-taped, audio-recorded and/or written testimonials are used in marketing materials. I suggest having language about the …
Meet the New Associate Attorney, Kate Murray
The Illinois Office is growing! Kate joined our team this spring. She is an associate attorney with Rincker Law, PLLC working primarily from the Illinois office. Kate is licensed to practice law in New York and Connecticut. She is also a candidate to the Illinois bar. Kate concentrates in all aspects of family and commercial law. A portion of her …
Amazon Suspension Prevention
There is an Amazon coach in my BNI Chapter and through my conversations with him, it’s come to my attention that entrepreneurs selling on Amazon.com run a risk of robots flagging something in their account and suspending it. In a sense, Amazon will suspend accounts and “ask questions later.” I regularly order goods from Amazon (pretty sure my postman thinks …
Are you a “DBA” in Illinois?
There are several food and agriculture businesses that are a sole proprietorship or general partnership that operate as a DBA. For example, my own cattle business is really Cari Rincker d/b/a Rincker Cattle Co. My parents’ cattle operation is Curt & Pam Rincker d/b/a Rincker Simmentals. DBA’s are ubiquitous in the food and agriculture industry. However, have you cross your …