We Speak: Spanish, Portuguese, German, Hebrew, Italian, Russian, French

EPGD Law Blog

Category: Business Law
EPGD PPP Loan
Business Law
Eric Gros-Dubois

Your Questions About PPP Loan Forgiveness Answered

With the SBA’s release of the simplified PPP Loan Forgiveness Application, business owners are trying to navigate all the available options for PPP loan forgiveness. Here are some common questions with answers according the SBA’s regulations as of October 13, 2020. Please note that the SBA’s requirements and application process for PPP Loan Forgiveness are constantly evolving, thus you should always double check that this information is consistent with the current guidelines provided by the SBA.

Read More »
EPGD PPP Loan
Business Law
Eric Gros-Dubois

The SBA Announces New, Simplified Loan Forgiveness Application

As of October 13, 2020, The Small Business Administration (SBA) recently announced a one-page loan forgiveness application for Paycheck Protection Program (PPP) loans under $50,000. This new application streamlines documentation requirements and does not require any complicated calculations as were required on prior versions of the form.

Read More »
EPGD Law Business Law
Business Law
Silvino Diaz

How Does Florida Regulate Payday Loans?

In Florida, there are various laws which prescribe limitations on payday loans. First and foremost, any company wishing to issue payday loans must be licensed. Notably, the additional restrictions under Florida law include limitations on the number of loans you can have outstanding per customer, the amount of the loan, the fees and costs that can be charged, and the collections process if a customer does not pay their loan back.

Read More »
EPGD Law LLC
Business Law
Oscar Gomez

How Do I Relocate My LLC to Another State?

The formal transfer of an LLC from one state to another is known as domestication. However, domestication is permitted only if both states allow for it. Domestication would be appropriate if you do no longer wish to conduct business in the original state of formation and would like to avoid dissolution and new company formation in the other jurisdiction. Many business owners choose to domesticate when they completely relocate to another state and wish to move their company with them.

Read More »
EPGD Business Law
Business Law
Eric Gros-Dubois

What are issues that might arise for a Florida Entrepreneur?

After a long thought process and extensive research, you have finally decided to put on your entrepreneurial hat and create your own side business. But in the scheme of all this excitement, you forgot to inquire about all the legal implications involved in creating a side business. In Florida, employees must often abide by several federal and state laws and regulations that can include restrictions about conflict of interests such as creating your own side business.

Read More »
EPGD Law Special Purpose Acquisition Company
Business Law
Oscar Gomez

What is a Special Purpose Acquisition Company?

A special purpose acquisition company “SPAC” is a publicly traded shell company that has been formed strictly for purposes of raising enough capital to purchase an existing company. Also referred to as a “blank-check company,” these development stage companies have no operations and purely rely on funding through an initial public offering “IPO”.

Read More »
EPGD Usury Laws
Business Law
Eric Gros-Dubois

Usury Laws: Maryland vs. Florida

Creditors often times procure loan agreements with outrageous amounts of interest so that they can ultimately take advantage of those individuals who are in need of funds. More often than not, the individual becomes indebted to the creditor for far more than the amount they agreed upon initially. These high interest rates are known as usury and are both a civil and criminal offense.

Read More »
EPGD Law LLC
Business Law
Eric Gros-Dubois

How Does Asset Protection Work in an LLC?

A limited liability company offers limited liability asset protection. This type of asset protection means that the liability is limited to whatever assets the owner has invested in the LLC, essentially, only all business assets. These business assets can include, but are not limited to, initial, investment, or retained earnings.

Read More »
EPGD Law Business Law
Business Law
Oscar Gomez

Can a Foreigner Own an S-Corporation?

A non-resident alien cannot own a S-corporation. Only U.S. citizens and permanent residents can. If a foreigner becomes a shareholder in an S-Corporation, it will lose its S-corporation status.

Read More »
EPGD Law Entertainment Law
Business Law
Silvino Diaz

8 Consejos para Proteger tu Invento (Pt. 1)

La protección de los derechos sobre inventos, procesos, fórmulas y diseños le corresponde principalmente al régimen de Patentes. Las patentes forman parte del régimen de Propiedad Intelectual, donde se encuentran además: los derechos de autor; las marcas; y los secretos comerciales. Estos 4 campos están relacionados, pero no son lo mismo. Cada uno protege distintos aspectos de las creaciones humanas.

Read More »
EPGD Law Business Law
Business Law
Oscar Gomez

Las Pequeñas Empresas Comerciales y de las Minorías en el Condado de Miami Dade (Parte 2)

No mucha gente lo sabe, pero es importante saber que una vez que un negocio o persona desfavoreada haya participado en el programa, ni el negocio ni esa persona volverán a ser elegibles.  El SBA rechazará automáticamente esas aplicaciones. Por lo tanto, una empresa puede participar sólo una vez.  No importa si la propiedad y el control han cambiado por completo; la empresa será rechazada si se aplica de nuevo.

Read More »
EPGD Law COVID
Business Law
Eric Gros-Dubois

Substantial Presence Test During COVID-19

During the coronavirus pandemic, many foreign nationals have been left unable to leave the United States and have, therefore, been involuntarily stranded in the country for longer than they anticipated. Does this extended presence in the United States carry with it any tax implications for these foreign nationals? 

Read More »
EPGD Law Accredited Investors
Business Law
Eric Gros-Dubois

What are Accredited Investors and what is a Private Placement Memorandum?

The reason for such disclosures is to protect the company in the event things fall apart and the investors try to sue the company for securities fraud for example. Such disclosures will be used as the company’s defense. One of the best ways to provide such disclosures is through a document called a Private Placement Memorandum (aka PPM).

Read More »
EPGD Law Class Action
Business Law
Eric Gros-Dubois

Consumer Class Action Lawsuits

In a class action lawsuit, only one lawsuit is filed on behalf of an entire group of injured parties. Very often, for example, such lawsuits unite many individuals and go after a large company that has produced defective products that have causes injury or loss to every individual member of the class action lawsuit. The settlement that such a lawsuit results in is typically divided between all of the individual plaintiffs.

Read More »
EPGD Law Business Dispute
Business Law
Eric Gros-Dubois

Enforcement Against a Personal Guarantor (Part 1)

A personal guarantee is an individual or business entity that guarantees responsibility for another’s financial obligation, should they ever fail to repay their lender. Personal guarantee’s usually come in when securing a debt for a loan such as a car finance or mortgage, but the guarantor is not contractually liable for any part of the loan unless the debtor fails to make a payment.

Read More »
EPGD Law Business Dispute
Business Law
Eric Gros-Dubois

Enforcement Against a Personal Guarantor (Part 2)

If a personal guarantor does not respond to the lender’s demand, the lender has two options to choose from in order to collect the debt. First, the lender can file suit against the personal guarantor and second – he can petition a court for the personal guarantor’s bankruptcy. 

Read More »
EPGD Law Bankruptcy
Bankruptcy
Eric Gros-Dubois

Are Credit Card Surcharges Legal in Florida?

Florida law currently prohibits a seller from imposing a surcharge on any buyer who elects to use a credit card. However, a federal Eleventh Circuit Court of Appeals case in 2015, decided on the merits that Florida law prohibiting a merchant from imposing surcharge fees was unconstitutional because it regulated commercial free-speech rights. Similarly, in a U.S Supreme Court case in 2017, the court struck down a New York law that did the same. As our state law continues to stand, federal case law has since overruled the prohibition of seller surcharges.

Read More »