Common Pitfalls in Family-Owned Businesses

Cari RinckerBusiness/Commercial Law Leave a Comment

Your family and your business are two of your top priorities. You would not do anything to compromise either of them. But working with family members in a family-owned business presents unique challenges that can cause lasting damage to both if not properly managed. Family-owned businesses are capable of the same success as any other business. Walmart, Chick-fil-A, Comcast, Carnival, …

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Business Trusts 101: What Entrepreneurs Should Know about Using a Business Trust

Rincker LawBusiness/Commercial Law, Estate Planning Leave a Comment

Trusts are usually associated with estate planning, but trusts can also apply to business operations. As a small business owner, you can hold the business in a trust instead of using a business entity such as a limited liability company (LLC) or corporation. Business trusts offer several potential benefits—and drawbacks—compared to a traditional business structure. Understanding their pros and cons, …

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What Happens to Your Business When You Die

Rincker LawBusiness/Commercial Law Leave a Comment

You spend a significant part of your life building your business, and it becomes a major part of your legacy. But when you die, everything you have built could fall apart if you have not taken the time to create a business succession plan. Without a plan in place, your business’s fate may be decided by a court instead of …

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Ask Cari: How do I Legally Terminate an Employee?

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

Most small business owners will occasionally have to face the unpleasant task of firing an employee. Small businesses, in particular, rely heavily on each employee. An underperforming employee may not only lower the morale of other employees who have to pick up the slack, but may also jeopardize the success of the business.  When an employee must be terminated, it …

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4 Steps to Ensure the Enforceability of E-Signatures

Rincker LawBusiness/Commercial Law Leave a Comment

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 …

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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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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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New York Employment Law: Sick Days in New York City

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

In New York State, there is no requirement for employers to provide sick day benefits to employees (either paid or unpaid).  However, Section 195.5 of the New York Labor Law states: “Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.” If an employer does not …

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5 Steps to Take When Winding Down Your Business

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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.  …

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Follow This 8 Point Plan When Starting Your New Business

Rincker LawBusiness/Commercial Law Leave a Comment

Starting a new business can seem overwhelming – especially when you’re doing it alone.  Creating a business plan will allow you to refine incomplete ideas, address areas you may have not yet considered, create a map so you know what to do next, and increase credibility for bank loans or investor funding. While you may think you’ve got your business …

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