California businesses are required to register with the Secretary of State to legally conduct business in the state. The specific requirements a business must meet when registering with the Secretary of State vary depending on the type of business, but all businesses, regardless of type are required to file a…
In today’s world, where authenticity and legality are very important, notarizing documents is a crucial step in many legal transactions. Whether you’re finalizing a real estate deal, creating a will, or signing a power of attorney, having your documents notarized adds an extra layer of assurance that they are legitimate…
The purpose of this article is to explain what Partnership Dissolutions and Partnership Buyout Agreements are. Understanding the purpose of these contracts is important to business partners attempting to navigate the dissolution or end of their partnership and the loss of a partner. Knowing the differences between a Partnership Dissolution…
The Corporate Transparency Act of 2020 (the “CTA”) is a Federal law set to go into effect on January 1, 2024. It forces certain members of businesses (those who formed them and those who own large portions of the entity) to report sensitive information to the Federal Government. Congress’ justification…
The statutory LLC buyout is a special remedy designed for lawsuits seeking to dissolve LLCs. After members of the entity sue to dissolve the business, the other members (all of them or some of them) have the statutory ability to avoid dissolution by buying out the membership interests of these…
When business entities become subject to internal dissension, it’s not uncommon for several members to approach the court system and seek to dissolve the entity. Often, this is in the best interest of all involved. Sometimes, however, the other members, shareholders, or partners, do not want to let the business…
LLC’s are perhaps the most common form of business entity in the country on account of their approachability. But their large number means that plenty will and do fail. When this occurs, members of the LLC can file a lawsuit for “involuntary dissolution.” That said, the non-dissolving members have a…
Recently, the California Supreme Court clarified that California Penal Code section 496 applies to business disputes. This is significant as Section 496 outlines penalties for someone who buys or receives stolen property, or property obtained through theft or extortion. (Penal Code § 496.) Of particular concern is 496, subdivision (c),…
Anytime a litigant wants to file a lawsuit, a threshold question is where the lawsuit should be filed. Specifically, the question is what county should get to hear the action. This process is called determining “venue,” and it can become quite a complicated endeavor. This is because the “correct” county…
A Civil Harassment Restraining Order is a type of restraining order used in California to stop a person from harassing or threatening another. However, the requirements for a civil harassment restraining order are slightly different than a typical restraining order. Essentially, a civil harassment restraining order is for the purpose…