How to Protect Your Business from Lawsuits

Cari RinckerBusiness/Commercial Law Leave a Comment

Small business owners are no strangers to risk management. Owning and operating a small business entails a certain level of unpredictability. Despite your best efforts to stay on top of supply chains, marketing, sales, competitors, employees, and cash flow, unexpected issues can knock you for a loop. You have survived plenty of bumps in the road and emerged stronger than …

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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

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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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What to Do When a Director Resigns

Rincker LawBusiness/Commercial Law Leave a Comment

Corporations are required to have a board of directors, which is selected by the shareholders. The board of directors helps govern the corporation, provides advice and counsel, conducts high-level management, elects officers, votes on key decisions, and protects shareholders’ interests. Corporate directors’ service on the board may be subject to term limits, however, a director may decide to resign from …

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How Does a Member Leave an LLC?

Rincker LawBusiness/Commercial Law Leave a Comment

The owners of a limited liability company (LLC) are called members. At some point, an LLC member may find that they want or need to withdraw from the LLC. That member, as well as the other owners of the LLC, may wonder how to accomplish this. To properly withdraw from an LLC,  there are a few key questions that the …

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Stay Bonus Agreements: What They Are and How to Use Them

Rincker LawBusiness/Commercial Law 1 Comment

A stay bonus agreement, also referred to as a retention bonus agreement, is a written agreement between a company and a key employee to induce the employee to stay with the company. Understanding the definition and purpose of this type of bonus agreement is critical for both business owners and employees. A stay bonus agreement is a contract between a …

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What Is a Promissory Note and When Should I Use One?

Rincker LawBusiness/Commercial Law Leave a Comment

You have probably heard the term promissory note, but do you understand what a promissory note is and when one can and should be used? A promissory note is simply a written promise to repay someone who has loaned you money. More specifically, it sets forth the terms for repayment of a loan on or by a specified date. A …

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Selling Your Small Business: What You Should Know

Rincker LawBusiness/Commercial Law Leave a Comment

Determining whether to start a business is a major life decision. For small business owners, deciding when and how to sell the business is arguably even more consequential. Before selling a business, the owner is likely to spend many hours and even days worrying and considering the options: Is the market right? What price should I set for my business, …

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How to Move a Business to Another State

Rincker LawBusiness/Commercial Law Leave a Comment

A business owner may relocate a business to another state for a variety of reasons, including increased real estate costs, property taxes, business taxes, or business regulations in the old location; changes in the target market; or even personal or family reasons. Relocating your residence from one state to another requires that you complete several tasks, such as changing your …

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Key Considerations for Noncompete Agreements

Rincker LawBusiness/Commercial Law Leave a Comment

Companies grow by investing time and money in various resources, including their employees. Yet business owners are often anxious about losing their investment, i.e., the time they spend training new hires and the confidential information they share with their new employees. Once confidential information is shared, there is a risk that an employee will leak the company’s trade secrets to …

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Understanding Payroll as an Employer

Rincker LawEmployment Law Leave a Comment

Congratulations! Your business has grown and you are ready to hire your first employee. Where do you begin? What will the employee’s schedule be and how much will the employee get paid? Will your new hire be an employee or an independent contractor—and what is the difference? Did the employee sign an employment agreement? Before your new hire begins, there …

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