AmeriLawyer – Incorporate, Trademark & Asset Protection – Page 18 – Incorporate, Trademark & Asset Protection

7 Tips On How To Fund Your Business

February 24, 2015 Spiegel & Utrera, P.A.

Whether you are a new business seeking initial capital or already up and running and looking for money to grow your business, remember to stay flexible and remain vigilant.

A majority of businesses receive their funding from many different sources phased out overtime. There is no such thing as funding that is easier to come by than another. Here are several options to fund your business:

Friends and Family. Obtaining funding from friends and family is the most popular way to get seed money for your business. This type of funding is structured best as a one-year loan with high, low, or no interest. Remember that all parties are encouraged to get legal advice with regard to the lenders documents.
Product Presales. Selling your products can be a highly effective way to raise money for your business. Keep in mind foreseeable issues such as coordinating inventory delivery, having enough products for pre-sale and anticipating back orders.
Small Business Administration Loan. The Small Business Administration (“SBA”) offers two types of loans to entrepreneurs who need capital for their business: the 7(a) guarantee small business loan and the 504 fixed-asset small business finance program. Prospective borrowers can inquire about these loans at banks affiliated with the SBA.
Angel Investors. Angel investors have helped with several big companies including Google and Costco. This form of investment typically occurs in a business’s early stages where investors expect a 20 to 25%return on their investment.
Selling Assets. Many entrepreneurs are in possession of items such as cars, jewelry, antiques, etc. that can bring in a large amount of money if sold. Consider selling your possessions as an alternative financing method for your business.
Renting your Residence – There are many websites that allow you to rent your home or apartment for days at a time or months. Potential issues that can arise would be making sure you have a place to stay during the rental time and a place to work if you usually use a home office.
Lending from high-net-worth individuals. Lending from these individuals can be done through convertible debt or terms of credit. Convertible debts is a blend between debt and equity. It is secured through a convertible note and carries a per annum interest rate until some point in the future when it converts into equity. The conversion usually occurs during the next round of financing and is given warranty coverage or discounted based on the company’s valuation. Terms of credit are only usually given to companies with a solid track record. They come in the form of a senior secured loan with a high liquidation preference, meaning they must be repaid before all other debt or equity holders.

Visit our website for more information and to make sure your interests are protected.

Protect Your Business With An Employment Agreement

February 19, 2015 Spiegel & Utrera, P.A.

A recent state court decision continues to allow employers to include a waiver of class action lawsuits by employees within the employment arbitration agreement. The court reaffirmed the idea that class action lawsuits are procedural, the purpose being to ease the burden on the court when a large groups seeks to sue another party, and not a substantive right, such as life and liberty as protected by the Constitution.

The court also rejected the idea that this waiver violates employee rights to engage in collective bargaining. In whole, the court’s decision makes for greater enforceability of arbitration clauses within employment agreement between your business and your employees and greater protection for the investment you have made into your business through the protection of an employment agreement.

Allow Spiegel & Utrera, P.A. to prepare an Employment Agreement that will help you protect your business. Visit our website today for more information and to make sure your interests are protected.

Make Sure Online Customers Are Safe

February 17, 2015 Spiegel & Utrera, P.A.

Small businesses are more vulnerable to attack; sell your customers on the idea that your site is safe.

Getting a secure badge is one way to reassure newcomers that your website is “trusted.” For example, a seal from McAfee Secure or Google Trusted Store will show that your site meets certain safety criteria. Also, let your clients know about ongoing measures you are taking to improve security such as training staff to guard against vulnerabilities.

Looking polished will give your customers a broader sense of security. The key to having a professional website is a proper privacy in place. The goal of a privacy policy is to disclose all the ways your website will respect the dignity of the user’s privacy. It will also maintain a high level of community trust.

To better understand how your website will benefit from a privacy policy visit Amerilawyer.com for more information and to make sure your interests are protected.

“Understanding Your Business Is Our Business”

The Home Office Deduction

February 13, 2015 Spiegel & Utrera, P.A.

Avoiding unnecessary tax liability involves understanding many of the business-related deductions the IRS offers entrepreneurs. If you run your business from your home, you may be entitled to a home office deduction on the square footage of your home being used exclusively for your business. The

“exclusivity” test is taken very seriously by IRS auditors. The section of your home that you claim is used for business must be partitioned in some way and personal-use either by you or other members of your family must be nominal (according to IRS, allowing your son to do his homework in your home office is enough to disqualify the deduction).

The second requirement is that the home office must be used as a principal place of business. The office must be used regularly (and exclusively for business) or it must be an area that is used primarily for meeting with clients. This does not mean, however that if you use an outside office from time-to-time you are disqualified from the home office deduction. So long as the office is used to complete substantial administrative or managerial tasks for the business, the second requirement will be met.

The ultimate payoff is that a number of direct and indirect expenses that would otherwise be personal, nondeductible expenses can be converted to business write-offs and consequently lower your overall tax bill (this includes the cost of phones or internet service, the cost of repairing the office, a certain percentage of utilities, insurance, taxes and much more). A well-drafted Home Office Lease between your corporation or LLC and yourself would be a great place to start.

Visit our website for more information and to make sure your interests are protected.

Legally Get Out Of A Commercial Lease

February 5, 2015 Spiegel & Utrera, P.A.

You are tied up in a commercial lease. For some reason (good or bad) you need to terminate the lease. You may be growing so fast that you have outgrown the current facility or you may unfortunately not be as profitable as you planned. How can you legally get out of your lease?

Make sure you know what you are signing up for BEFORE you sign on the dotted line. Read the lease agreement and be sure you understand what all the provisions mean. Try to think about all possible scenarios that may happen during the tenure of your lease; address any concerns you have with the landlord at this time.

There are provisions that can be written into the agreement that will allow you to cancel the lease, i.e.

Break Clause – A break clause gives you or the landlord an option to terminate a lease when the condition of the break clause is met. For example, it may be included in the lease hat the tenant or landlord can break the least at a specific date.

Assignment – Writing in a provision that allows for assignment, meaning you have the right to sell your lease right to a new tenant.

Breach of lease agreement – A lease may be terminated by you or the landlord when the other party significantly breaks the terms of the lease agreement.

In addition there are many other provisions that you want to think about before you sign a lease. What about if the lease calls for a personal guarantee? How about cost for leasehold improvements?

A lease is a complex and important obligation for any new business owner. If you enter into a lease agreement blindly, you are taking a big risk.

Visit our website for more information and to make sure your interests are protected before signing any commercial lease.

Email: info@Amerilawyer.com

Things You Need To Know When Preparing A Will

February 4, 2015 Spiegel & Utrera, P.A.

Do-It-Yourself (“DIY”) Estate Planning seems great, because why pay a professional for a job you could do yourself? Open the computer and a few clicks later you have a Will for what seems like a deal. However, when it comes to your Estate Planning do you really want to risk it to save a few dollars only to leave your family entangled with court costs and litigation? Creating a Will online creates risks in an area that will have lasting consequences. Mistakes in a Will can alter family relationships, leave family confused, disappointment, embittered, or locked in hostile litigation.

Things to consider before delving into the DIY project: who will be the guardian of your child and is that person capable; will you provide for a special needs child, what about divorce, marriage or death, or incapacity of a beneficiary or yourself; are property and accounts held separately, jointly, or in different states; who will be in charge of your estate; and what about tax-savings strategies.

Say you made your own Will, was it properly executed? Did you use dispositive (“I convey”) or precatory (“I would like”) language? Is your intent clear? The answers matter because if the answer is no, then the Will is void, and now your family is left without a Will.

There are many things to evaluate before drafting your own Estate Planning documents that perhaps may be best left to the professionals. Different States have different rules for all of the above-mentioned issues and the person drafting the documents should know those rules.

Who will be in charge of your Estate? Was your Will properly executed? Call AmeriLawyer today at (800) 603-3900 for answers to your Estate Planning questions.

Here at AmeriLawyer, our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.

AmeriLawyer.com

Phone: (800) 603-3900

Email: info@Amerilawyer.com

Trademark Your Company’s Name or Loose it

January 27, 2015 Spiegel & Utrera, P.A.

Careless licensing of your trademark could lead to the loss of your trademark protection. Trademarks prevent others from using your brand name, thereby allowing you to protect the quality of the brand’s goods or services in the marketplace. Additional value of your trademark may be realized through licensing the use of your brand by others. Within the licensing agreement, the licensee must agree to quality control provisions for the benefit of the trademark holder, and the trademark holder must exercise those provisions to actively ensure the licensee is keeping up the quality of the brand. An agreement missing these terms is referred to as “naked licensing.” In one recent state court case, the court found the trademark holder had failed to include the terms in the licensing of the brand, and as a result, the trademark holder had effectively abandoned the trademark.

The law firm of Spiegel & Utrera, P.A. will provide you with professional and quality service toward the processing of your Trademark, Copyright or Trade Dress order. Below we’ve provided links for Trademark, Trade Dress, and Copyright information. We hope to answer all your questions. It is possible that there might be some unanswered questions even after you look through our material. Never hesitate to give us a call. Of course if you know all that there is to know about Trademark registrations, Trademark searches, Common Law searches, Trade Dress, Copyright, et cetera then you may proceed to the online secure order forms. Spiegel & Utrera, P.A. will deliver the professional service and affordable prices that all our clients have come to expect from us!

http://www.amerilawyer.com/trademark/

Phone: (800) 603-3900
Email: info@Amerilawyer.com

Is Your Website Legal?

January 22, 2015 Spiegel & Utrera, P.A.

Building and launching a website can be very useful and efficient tool for small business owners. However, there are some considerations all business owners should keep in mind when launching their websites to prevent penalties from regulatory agencies.

You Need a Privacy Policy. If you collect even one iota of information from those who visit your website, you need a privacy policy. For example, if you have a blog that gives visitors the option of signing up for your newsletter or RSS feed by entering their name and/or email address, you need a privacy policy. A privacy policy is designed to let visitors know what information you are collecting when they visit your site, what you use this information for, and whether you share this information with third parties. If you collect payment through your website, you will need a policy in place. Website owners also need to include a statement about how you’ll notify visitors if and when your privacy policy changes. This is usually done by an update to the privacy policy page on your website.

You Need Terms of Use. Terms of use, also known as terms and conditions, serve as the contract between your business and website visitors who make purchases from your website. Your terms will be useless unless they are tailored to the way you do business and interact with folks via your website. Terms of use can cover a wide variety of topics; some examples include your right to use information posted by users on your site, whether and how your intellectual property posted on the site may be used by users, and payment terms, warranties and liabilities waived, account management, site security, jurisdiction for any lawsuits arising from their use of your site.

Phone: (800) 603-3900

Email: info@Amerilawyer.com

http://www.amerilawyer.com/

Why Should I Form a Professional Corporation

January 13, 2015 Spiegel & Utrera, P.A.

There are many advantages when forming a Professional Service Corporation. Professional corporations are entitled to favorable tax treatments, liability protections and other benefits provided under the corporate structure. It’s operated by professionals such as: physicians, chiropractors, dentists, veterinarians, physical therapists, pharmacists, registered professional nurses, licensed practical nurses, licensed midwives, podiatrists, optometrists, opticians, engineering and land surveyors, architects, landscape architects, public accountants, shorthand reporters, psychologists, social workers, massage therapists, occupational therapists, dietitians and nutritionists, speech language pathologists and audiologists acupuncturists, interior designers, athletic trainers, mental health practitioners and respiratory therapists.

It may be that the shareholders of the professional corporation may only be other professional licensed or otherwise legally authorized to render the same professional service as the Professional Corporation or Limited Liability Company. Of course, employees of the professional corporation such as clerks, secretaries, bookkeepers, technicians, and other assistants who are not licensed are not considered to be rendering professional services. It may be that transfers of stock or membership interest may only be made to licensed professionals or professional corporations or professional limited liability companies.

Tax Advantages?

The answer is YES! The benefit of forming a professional corporation can be substantial, compared to the inexpensive cost of forming such an entity. There are several tax deductions professional corporations can take advantage that other types of businesses can’t. For example, the salaries and bonuses paid to owners and employees are tax deductible.

With the skyrocketing cost of healthcare it becomes a necessity that individuals carry health insurance on themselves and their families. Sole proprietorships and partnerships are currently able to deduct only a portion of the health insurance costs from their taxes, which can be prohibitive to many or inhibit obtaining insurance coverage. A professional corporation, however, is able to fully deduct the cost of accident and health insurance plans for its employees and their families. This deduction could also extend to the cost of reimbursing employees for their uninsured medical expenses. Furthermore, a professional corporation may be able to deduct the cost of life and disability insurance.

What about Legal Advantages?

Professional Corporations can be important for those who practice in a group or with another physician. In this situation, the use of a Professional Corporations can protect against personal liability for the negligence of a partner. That’s a good reason why group practices are often structured as a single Professional Corporations or as a partnership of Professional Corporations with each physician owning his own corporation.

Spiegel & Utrera, P.A. lawyers are qualified and highly experienced in Forming Professional Service Corporation and Limited Liability Company. For over 20 years Spiegel & Utrera, P.A. has been serving its 260 000 clients with the utmost respect and quality services. Our prices are the lowest in the industry and we guarantee a top rated service. Make sure to visit our website today for more details!

www.Amerilawyer.com

To find more information about Forming a Professional Service Corporation click here:

http://www.amerilawyer.com/form_a_professional_service_corporation/professional_service_corporation.htm

Phone: (800) 603-3900
Email: info@Amerilawyer.com

“Understanding your business is our business”

Form a Dual Class Limited Liability Company with AmeriLawyer

January 8, 2015 Spiegel & Utrera, P.A.

WHAT IS A DUAL CLASS LLC

The Dual Class LLC is a special type of LLC that follows proposed IRS regulations which allow an LLC to be deemed analogous to a limited partnership for Federal Income Tax purposes. The Dual Class LLC is structured to admit both active, management-providing members (“General Members”) in addition to more passive, capital-contributing members (“Limited Members”). In doing so, the members/owners acting solely as limited partners are not subject to the Self Employment (“SE”) tax.

Here’s how it works. The Spiegel & Utrera, P.A. Dual Class LLC is divided as follows:

Class A General Member Units: The smaller manager class receives a priority preferred return of income (for example, a management or sales fee arrangement) that is contingent on the profitability of the LLC. As such, it may not be a fixed compensation amount or it will constitute a guaranteed amount, which is prohibited.

Class B Limited Member Units: This portion of the LLC membership interests is the cash-contributing members’ interest and is structured as a non-manager class qualifying for limited partner status. This class receives a cumulative preferred-priority return of profits based on their unreturned capital contributions, whereas the smaller active manager class would not.

For example, assume a Dual Class LLC with three Members: Perry Manson and Samuel Adamson are Limited Members initially investing $50,000 each into the Dual Class LLC and Angela Dickeyson is the General Member and she is putting in “sweat equity” (future services) with an agreed-upon value of $50,000 over the course of two years. To the extent that Angela is providing services to the Dual Class LLC, she will be subject to the SE tax while Perry and Samuel will not be.

Legal Advice Doesn’t have to be Expensive!

Often times folks tend to stress about the cost of legal services and setting up your corporation. At AmeriLawyer.com, we are committed to making sure you always receive the best price and value on every purchase you make. Our 110% Lowest Price Guarantee is a testament to that commitment.

If you should find a lower price on an item we offer from a legitimate competitor, whether online or otherwise, even if that item is already on sale, we will not only meet 100% of the lower price, we will beat the price by an additional 10% of the difference to thank you for bringing it to our attention.

To find more information about forming a Dual Class LLC click here:

http://www.amerilawyer.com/form_a_dual_class_llc/dual_class_llc.htm

http://www.amerilawyer.com/

Phone: (800) 603-3900

Email: info@Amerilawyer.com

“Understanding your business is our business”

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