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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The Business of Marriage: Considerations for Married Business Owners

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Owning a business can impact every area of a person’s life. The impact is uniquely felt within a marriage. Married business owners must consider the ways in which their marriage may impact their business and vice versa. Failure to think about how these two significant institutions interact can have unforeseen consequences—everything from addressing time management to distribution of liability may …

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How Does a Member Leave an LLC?

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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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What Happens When LLC Members Disagree?

Rincker LawBusiness/Commercial Law 3 Comments

Every business should have a proper legal structure and bylaws or an operating agreement that sets forth the rights and responsibilities of its owners or members. While the partnership or corporation structure is better suited to some businesses, limited liability companies (LLCs) have become one of the most popular business structures over the past few decades. The LLC structure provides …

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Why Your LLC Needs an Operating Agreement

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Congratulations! You have decided to form a limited liability company (LLC) to run your business. After completing your state formation process, your LLC needs to have the right documentation in place. An operating agreement, sometimes called a company agreement, is a legal document that describes and outlines how an LLC will run, and is an essential document for owning and …

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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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Happy Fourth Year Anniversary to this Blog (and my law practice)

Rincker LawAwards and Honors, Food & Ag Law, Speaking Engagements Leave a Comment

I hope my readers had a great Fourth of July.  I just got back from the Berkshires.  You can see some of my pictures on Instagram.  Back to business.. I had a great first, second, and third anniversary for this blog, but I have to say – Year 4 has been the best.  Thank you for support from my blog …

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Some Thoughts on Operating Agreements for Limited Liability Companies

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If you have decided to form a Limited Liability Company (“LLC”) or Family Limited Liability Company (“FLLC”), you should strongly consider creating an Operating Agreement.  In New York, the Operating Agreement must be executed within 90 days of forming your LLC.  Farms and food entrepreneurs are discouraged from using an online form as the Operating Agreement should be tailored to …

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Picking the Right Management for Your Limited Liability Company

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So you’ve decided to form a limited liability company — congrats on your new business venture.  After filing the Articles of Organization with the Department of State and complying with any publication requirement, the next step is to draft the LLC’s operating agreement.  In doing so, you must decide whether you want your limited liability company to be member-managed or …

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