Business Law
Can a Shareholder or Member Transfer Shares?
One of the biggest strengths of the corporate form is its provision of limited personal liability to owners.
Eric Gros-Dubois
June 10, 2019
Estate Planning
What Happens to a Car When the Owner Dies?
There are two ways that the ownership can be transferred, and the court can ultimately determine the legal owner of the vehicle.
Eric Gros-Dubois
June 3, 2019
Notarization
Is Remote Electronic Notarization Legal in Florida?
Florida is one step closer to making online notarization legal in the state thanks to the recent approval of House Bill 409 by the Florida House of Representatives and Florida Senate.
Eric Gros-Dubois
May 28, 2019
Estate Planning
Do you have a pet that you consider as a family member?
Providing for all members of your family is of the utmost importance– including your furry, four-legged friends.
Eric Gros-Dubois
May 20, 2019
Business Law
Perfecting the Security Interest
A secured party should perfect their security interest, after attachment, in order to fully ensure its legal rights against a third party claiming that they have an interest in the same collateral. By perfecting a security interest, a secured party gains priority over subsequent creditors claiming the same collateral.
Eric Gros-Dubois
May 13, 2019
Business Law
What is a Security Interest?
A security interest occurs when a debtor, which can be a person or business, borrows money from a creditor or more specifically a secured party and they agree to execute a security agreement. In the event the debtor defaults by not paying back the loan or by violating a provision in the agreement, the secured party can seize the collateral and may sell it to satisfy the debt.
Eric Gros-Dubois
May 6, 2019
Business Law
Why is an LLC Important?
Today, many businesses are forming as a Limited Liability Company (LLC) and are finding that an LLC offers the “best of both worlds” of corporate forms.
Eric Gros-Dubois
April 29, 2019
Employment Law
What is an Independent Contractor?
Businesses can choose to hire a person as an independent contractor or as an employee. Some employers rather hire independent contractors because of the reduced costs in payroll and taxes. However, an employer must be certain that the worker that is classifying as an independent contractor is truly an independent contractor.
Eric Gros-Dubois
April 22, 2019
Trusts & Estates
Are You Ready to Retire?
Are you on the right path to retirement? A retirement plan is not something to take lightly or put off to a later date.
Eric Gros-Dubois
April 15, 2019
Tax Law
Foreign Reporting for US Taxpayers 101
While it is not illegal to earn income abroad or to hold an offshore account, failure to disclose income to the Internal Revenue Service is illegal.
Eric Gros-Dubois
April 8, 2019
Estate Planning
What is “The Uniform Transfer on Death Security Registration Act”?
Beneficiary designations on your financial accounts can provide a quick alternative to traditional estate planning strategies by making sure your accounts are not subject to probate, thus preserving your wealth and preventing unnecessary court expenses and proceedings.
Eric Gros-Dubois
April 2, 2019
Tax Law
Eric Gros-Dubois
March 20, 2019
Employment Law
Are Employees Legally Obligated to Take a Lunch Break?
Lunch Breaks: Are you in Compliance with Federal and State Law?
Eric Gros-Dubois
March 6, 2019
Documentary Stamp Tax
Are you Liable for the Documentary Stamp Tax?
Who Pays the Documentary Stamp Tax? In Florida, people who transfer real estate in exchange
Eric Gros-Dubois
February 27, 2019
Business Law
What is an Accidental Franchise?
Failure to follow the formalities required under state law and by the FTC might unintentionally create a franchise agreement.
Eric Gros-Dubois
February 14, 2019
Franchise Law
So You Want to SELL a Franchise?
While the sales process time consuming and varies significantly from franchise to franchise, you should generally consider the following steps when selling your franchise.
Eric Gros-Dubois
February 11, 2019
Franchise Law
So You Want to BUY a Franchise?
Buying a franchise offers are variety of benefits, such as instant name recognition and a customer pool that is already familiar with and attracted to your products or services.
Eric Gros-Dubois
February 11, 2019
Homestead Exemption
Will you lose your Homestead if you go to Jail?
Florida provides homeowners who make their Florida home their principal place of residence with a tax exemption. This exemption is called the Homestead Exemption and has different benefits. The exemption allows homeowners to exempt $25,000 (or $50,000 for married couples) from the taxable value of their home.
Eric Gros-Dubois
February 4, 2019
Business Law
What is a Promissory note?
We’ve all heard the old story of two friends sitting at a bar and one agrees to loan the other money. They write out an agreement on a napkin for the loan and believe it or not, if the writing on the napkin includes the required terms, it can be a binding promissory note and enforceable in court.
Eric Gros-Dubois
January 18, 2019
Franchise Law
So You Want to START a Franchise?
If you own a successful business that is unique to you and are interested in expanding, franchising could be a great way to do just that.
Eric Gros-Dubois
January 17, 2019
Business Law
What are some of the Benefits of Having a Shell Company?
A shell company can be created when shareholders of a private company purchase control of the public shell company and then merge it with the private company. The publicly traded corporation is called a “shell” since all that exists of the original company is its organizational structure. The private company shareholders receive a substantial majority of the shares of the public company and control of its board of directors.
Oscar Gomez
January 16, 2019
What are the new procedures after the “OVDP” was terminated?
On September 28, 2018, the IRS officially terminated the Offshore Voluntary Disclosure Program (“OVDP”). The
Eric Gros-Dubois
January 8, 2019
Estate Planning
Do I Need a Trust Amendment or a Trust Restatement?
Generally, it is recommended that your estate planning documents, including your revocable trust, are reviewed at least once a year. This is especially important if you have experienced any significant life changes.
Elizabeth Fernandez
January 7, 2019
Business Law
What is the Florida Construction Industry Recovery Fund?
Where has all my money gone? If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund. However, there are a few qualifications you must meet before recovering.
Eric Gros-Dubois
January 5, 2019
¿Cuáles son los riesgos de responsabilidad civil para los funcionarios corporativos al disolver una Corporación FL?
Si usted es un director o funcionario de una corporación que se encuentra en proceso
Eric Gros-Dubois
January 5, 2019
Business Law
What are the Liability Risks for Corporate Officers when Dissolving a FL Corporation?
If you are the director or a corporate officer of a corporation in the process of dissolution you might want to evaluate whether you will be personally held liable. If corporate formalities are not followed and the corporation proceeds with distributions to the shareholders before satisfying outstanding corporate debts, the directors might be held personally liable.
Eric Gros-Dubois
December 23, 2018
Business Law
Should an Independent Contractor Incorporate as an LLC or S-Corporation?
Generally, independent contractors, also known as 1099 workers, are considered self-employed and a sole-proprietorship. As such you will be required to pay self-employment taxes. As an independent contractor, you can be sued for your actions or inactions in performing your work.
Eric Gros-Dubois
December 14, 2018
Employment Law
What are Restrictive Covenants in Employment?
Restrictive covenants (RC), generally, are clauses in a contract that restrict a person’s actions. They can apply to property, in which case the clause could restrict the use of land. However, for the purposes of this blog, we will discuss RCs in employment.
Eric Gros-Dubois
December 10, 2018