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Business Formation

Business formation is the process of establishing a legal entity to carry out a particular entreprise.  The law provides several entity options, each with its own advantages and disadvantages. Limited... more +
Business formation is the process of establishing a legal entity to carry out a particular entreprise.  The law provides several entity options, each with its own advantages and disadvantages. Limited Liability Corporations (LLC), Limited Liability Partnerships (LLP), and S-Corporations are a few examples of available options. When forming a business, founders can choose whichever entity-type best aligns with their specific tax and liability needs and considerations. Other important aspects of forming a business include drafting a comprehensive business plan, choosing appropriate insurance, establishing personnel policies and protecting intellectual property.  less -

SFC Proposes Rules and Code for Open-Ended Fund Companies

by Dechert LLP on

Recently, the Hong Kong Securities and Futures Commission (SFC) published a consultation paper on the Securities and Futures (Open-ended Fund Companies) Rules (Rules) and Code on Open-ended Fund Companies (Code) which, if...more

Fixed-fee packages can minimize legal fees for startups

by GableGotwals on

Q: What legal issues should new entrepreneurs be aware of when launching a business? A: Building a business with a solid foundation is vital to positioning a new business for future success. This includes checking all of...more

Georgia Revamps Law Governing Captive Insurance Companies

by Carlton Fields on

Significant changes to Georgia law governing captive insurance companies took effect on July 1, 2017. The changes relate to the permitted corporate structure of captive insurance companies, new restrictions on risks that may...more

The Data Report Episode 10: Ideas Have Potential, Information Has Value

by Bilzin Sumberg on

Module Three: Small Businesses & Start-ups (Part I) This episode of The Data Report highlights strategies for protecting a small business's assets along every stage of its growth. Litigation attorney Jay Ward discusses the...more

It Is Not A Duck! $535 million pipeline verdict reversal portends new era of joint venture conflicts.

On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here)....more

Foreign investment in Indonesia

by Dentons on

Indonesia is the largest economy in Southeast Asia. It is rich in natural resources, such as coal, minerals and metals, oil and gas, and agricultural products such as rice, rubber and cocoa. With the fourth biggest population...more

Family Office Series, Part I: What Is a Family Office?

I have a home office in my basement that I refer to as the “Smith Family Office.” Fortunately, this blog post is not about my home office. A family office is an entity (or multiple entities) established by a wealthy family...more

The Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment”...

by Dentons on

On 26 June 2017 President Petro Poroshenko signed the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment” as adopted by the Verkhovna Rada of Ukraine on...more

The Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment”

by Dentons on

On 26 June 2017 President Petro Poroshenko signed the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment” as adopted by the Verkhovna Rada of Ukraine on...more

Legal Mechanics of Organizing Corporations

by WilmerHale on

The legal mechanics of organizing corporations encompass a variety of corporate, tax, securities and business considerations. By anticipating the special problems and situations which are likely to arise in the course of the...more

Business Planning Alert: "Selling a Business? Thoughtfully Consider Engaging an Investment Banker"

by Porter Hedges LLP on

The owner of a business typically needs to make many extraordinary decisions when deciding whether or how to sell the business. One such decision is whether to hire an investment banker to manage the sale process. The most...more

Until You're the Unicorn, Protect Yourself: Tips on Personal Guarantees

by Davis Brown Law Firm on

One of the first steps in any business venture is for the founder to form a business entity separating their personal assets and liabilities from the business assets and liabilities of the new company. Without this...more

How to Assemble a Board of Directors for a Startup

by JD Supra Perspectives on

A successful startup will likely see the structure and composition of its board of directors change significantly over time....more

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

by Genova Burns LLC on

Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but...more

What Startup Founders Should Consider When Choosing a Board of Directors

by JD Supra Perspectives on

The board of directors has tremendous significance to a startup company....more

Entity Selection Series | Part Two: The Benefits of a Corporation

In Part One of the entity selection series we discussed the benefits of a Limited Liability Company for organizing your business venture. In this edition, we will discuss the benefits of a standard corporation (a “Subchapter...more

The ReSET – Why Few Nail their Sthick

Our last ReSET focused on the clarity and chaos of pitching to a panel of judges you’ve never met, all while facing a room of entrepreneurs who weren’t as lucky as you to get into the light… This all happened at TEDCO’s...more

The ReSET – The Curse of the Elevator Speech

TEDCO celebrates Maryland’s innovation economy with its Entrepreneurs’ Expo, a day-long series of keynotes, breakout sessions, networking and deal making among 700 of Maryland’s entrepreneurs. Originally published on...more

Be Sure to Observe Formalities to Protect Business Assets

by Burns & Levinson LLP on

When entering into a new venture, it is not uncommon for a new legal entity to be formed in order to insulate an existing company from the liabilities associated with the new business. While the law absolutely permits this, a...more

Business Litigation Alert: "Starting a New Business? Include These Five Provisions in Every Formation Agreement"

by Porter Hedges LLP on

The ultimate success of a business often rests on the ability of its owners to make sound decisions up front - an ounce of prevention, if you will - and avoid bigger problems that might arise later. This principle...more

Doing Business in the UAE

by Latham & Watkins LLP on

Country Background - Formed on 2 December 1971, the UAE is a federal state of seven emirates comprising Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. The UAE federal constitution...more

For Chinese companies contemplating expansion to the US: FAQs – Part 1 – corporate, tax and personal considerations

by DLA Piper on

There has been an influx lately of Chinese companies expanding to the US. Outbound foreign direct investment (FDI) from privately owned enterprises into the US now exceeds US$2 billion annually and is growing. This growth...more

Choice of Entity and Key Contents of Organization Documents

by Jackson Walker on

Five Business Entity Forms: • Corporation • General Partnership • Limited Partnership • Limited Liability Partnership (“LLP”) • Limited Liability Company (“LLC”) Please see full presentation publication...more

Applying the Look-Through Rules in Determining 'Investment Partnership' Status Under Section 721(b) - Tax Update Volume 2017,...

by Pepper Hamilton LLP on

Careful Evaluation and Planning Should Be Undertaken When the Partnership Is Formed and When Assets Are Contributed to Evaluate the Potential Impact of Section 721(b). Many taxpayers choose partnership structures...more

Legislation Creating Small Business Advocacy within the SEC Heading to the President’s Desk

On December 10, the SEC Small Business Advocate Act was approved by the Senate, clearing the way for signature by the President. The measure, which creates an advocacy office for the interests of small businesses within the...more

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