News & Analysis as of September 20, 2024

Business Formation › Small Business Formation

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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 -

This Amendment To An LLC's Articles Of Organization Is Strictly Verboten!

Allen Matkins on 5/25/2023

The California Revised Uniform Limited Liability Company Act requires that the articles of organization include several prescribed statements, including the street address of the limited liability company's initial principal...more

Did The Ninth Circuit Find That Intent Matters In Determining Whether A Partnership Had Been Formed?

Allen Matkins on 10/14/2022

Earlier this week, I wrote about a recent article by Professor Douglas K. Moll that argues that treating contractual disclaimers of partnership as dispositive is inconsistent with modern statutes, including the Revised...more

The Entrepreneurs Report - Q1 2021

Wilson Sonsini Goodrich & Rosati on 5/21/2021

In this latest issue of The Entrepreneurs Report, we’ve compiled a range of data on venture financing transactions in which the firm was involved during the first quarter of 2021, with the objective of identifying relevant...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

Sheppard Mullin Richter & Hampton LLP on 9/13/2016

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

U.S. Immigration Proposes Solution for International Entrepreneurs

Carlton Fields on 9/1/2016

Current visa options limit the ability of foreign national entrepreneurs to start and grow companies in the United States. As a result, the United States is less able to attract the world’s very best and most innovative...more

The “Shark Tank Visa”: Proposed Rule Opens Door for Foreign Entrepreneurs

Burr & Forman on 8/31/2016

Last Wednesday, the Department of Homeland Security (“DHS”) announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other...more

Nevada Set To Boost Business Fees For Domestic And Foreign Corporations By 150%

Allen Matkins on 6/8/2015

Last week, the Nevada legislature passed what the Reno Gazette-Journal has branded as the state’s “largest-ever tax increase”. Although the state’s legislative website does not yet list the bill as having been approved by...more

Business Court (In Judge McGuire's First Opinion) Outlines The "Indispensable Requirements" For The Formation Of A Partnership

Brooks Pierce on 10/24/2014

Well, newest Business Court Judge Gregory McGuire has gotten off to a running start with his first opinion, issued only about a week after his appointment to the Business Court by Governor McCrory. The case is La Familia...more

Choosing the Correct Business Entity: The Basics

Cooley LLP on 7/21/2014

By carefully considering the forms of business entity that are available and then intelligently choosing an appropriate one, you can reduce exposure to liabilities, save taxes and launch the business in a form capable of...more

Nevada’s New Business Portal Collects $100 Million In State Revenue

Allen Matkins on 1/28/2014

A little over a year ago, I wrote about the Nevada Secretary of State’s launch of Silverflume. This innovative internet website aims to be a “one stop” portal that consolidates and coordinates the information needed to start...more

Starting a Craft Brewery: Business Tips for the New Entrepreneur

McNees Wallace & Nurick LLC on 10/30/2013

The Craft Brewing Industry is booming in America. According to the Brewers Association, since 2000, the number of craft breweries operating in the U.S. has increased by more than two-thirds. Over 2,500 craft breweries...more

New Law Will Change the Way Limited Liability Companies Form and Operate

Best Best & Krieger LLP on 10/9/2013

The rules that govern businesses formed as limited liability companies, or LLCs, in California are about to get their first major overhaul in 20 years with a new law that takes effect on Jan. 1. Known as the California...more

The Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma

Foley & Lardner LLP on 9/24/2013

In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll...more

Should I incorporate in Nevada, Wyoming or Delaware?

Sands Anderson PC on 9/18/2013

I often speak to potential clients who have heard they should incorporate or from an LLC in Nevada because there are “no taxes” or in Delaware “because it’s the best place.” They want to know what I think....more

Do I Need An Entity for My Business? Cont…

Chambliss, Bahner & Stophel, P.C. on 9/17/2013

As we discussed before, most people end up operating their business through an entity of some sort. However, there are some individuals who do not necessarily need an entity and can operate their business as a sole...more

It's Your Business News -- August 2013

McNees Wallace & Nurick LLC on 8/6/2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you...more

Making the ‘Right’ Choice

McNees Wallace & Nurick LLC on 8/2/2013

You have the idea, you have the funds, and you are ready to start your very own business! Now what?! Whether this is the first and only time you will do this or whether you are an established entrepreneur, one of the...more

EB-5 Funding: A Possible Financing Option for Commercial Ventures Undertaken by Colleges and Universities

Mintz - Immigration Viewpoints on 7/25/2013

Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more

Venture Perspectives: New England Edition - First Quarter 2013

Foley Hoag LLP on 7/8/2013

In This Issue: - Activity Level of New England Transactions: All Rounds - Activity Level of New England Seed Transactions - Activity Level of New England Series A Transactions - Activity Level of New...more

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Business Formation › Small Business Formation

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