7 Key Elements Prospective Funders Look for in a Business Plan

Rincker LawBusiness/Commercial Law Leave a Comment

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 …

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Does an Employee Handbook Create a Contractual Obligation?

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Every business with at least one employee should have an employee handbook, sometimes also called an employee manual or code of conduct, setting out the company’s policies and rules and the laws applicable to the employment relationship. It establishes the expectations in the relationship and enables employers to deal with similar situations consistently. Typically, employers do not intend for the …

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What Every You Need to Know about IRS Form 1099: Reporting and Requirements

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If your business made or received payments to independent contractors and entities (other than compensation to your employees) during the calendar year, it’s likely you must file an information return called a Form 1099 with the IRS. You may also need to send a copy of the form directly to the recipient of the payments. Being aware of and meeting …

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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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Community Engagement and the “Good Guy” Escape Hatch

Rincker LawBusiness/Commercial Law Leave a Comment

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 …

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Episode 7 of Ag Law Today: Trademarks

Rincker LawFood & Ag Law Leave a Comment

I interviewed the beautiful Shahrina Ankhi-Krol of Ankhi-Krol Law on trademarks on last week’s episode of Ag Law Today.  Check it out here.  Don’t forget to subscribe on iTunes and YouTube so you don’t miss a beat.

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Legalized Marijuana: What Every Employer Needs to Know

Rincker LawEmployment Law Leave a Comment

The marijuana industry is huge and growing. In 2017, legal marijuana was a $1.5 billion industry in Colorado alone according to data from the Colorado Department of Revenue, and it has been identified by many analysts as one of the fastest growing industries in the United States. To date, 33 states and the District of Columbia have legalized either medical …

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LLC Management: Who Should Run the Shop?

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Determining who will manage the day-to-day affairs of your business is an important decision. You need to know, at the outset, who will manage operations, both for the success of your business and because the Limited Liability Company (LLC) operating agreement demands it. Luckily, LLC operating agreements are very flexible and the management structure can be tailored for your business. …

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LLC Members: What You Need to Know about Your Fiduciary Duties

Rincker LawBusiness/Commercial Law Leave a Comment

As a member of an LLC, you may owe a fiduciary duty to the company. The two key fiduciary duties are the duty of loyalty and the duty of care. Whether you have a fiduciary duty will depend on the LLC’s management structure and whether you have management responsibilities. Understanding your duties is essential to avoiding liability. What is a …

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Can Your Business Survive the Loss of a Key Person?

Rincker LawBusiness/Commercial Law Leave a Comment

You’ve likely protected your business with general liability coverage, property insurance, commercial automobile coverage, and workers’ compensation insurance. But for some businesses, operations would come to a grinding halt without certain essential contributors—key persons as we call them. If your business includes any key persons, key-person insurance should be a part of your business insurance planning. What is a key …

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Does the “Corporate Veil” Really Protect Your Personal Assets?

Rincker LawBusiness/Commercial Law Leave a Comment

You may have done your homework and weighed your options. Perhaps you’ve even considered the tax and non-tax implications for common business entities.  We bet you’re also intrigued by the protections certain business entities afford their owners. The “corporate veil” that protects personal assets of the business owners can make a corporation or limited liability company (LLC) look very attractive. …

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5 Key Benefits of a Well-Written Job Description

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Although the main purpose of a job description is to, well, describe a job – it actually serves a much bigger role.  In fact, a job description can improve a company’s ability to manage employees in many ways. A well-written job description will do the following: Clarify expectations. Employers need to spell out their expectations of what an employee should …

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