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Venable LLP

Maryland Remains the Favored Jurisdiction for REITs

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Amid continuing reports of corporations reincorporating from Delaware, including Simon Property Group reincorporating from Delaware to Indiana, the location of its headquarters, and Texas and Nevada recently amending their...more

Holland & Knight LLP

Florida Passes New Protected Series LLC Legislation

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The Florida Legislature passed CS/SB 316 and CS/HB 403 to add Protected Series LLC provisions to the Florida Revised Limited Liability Company Act, aligning with the Uniform Protected Series Act. This makes Florida one of the...more

Fenwick & West LLP

Nevada Enacts Major Changes to Entice Corporations

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Nevada advanced its quest to challenge Delaware as the go-to state for incorporation on May 30, 2025, when Gov. Joe Lombardo signed significant amendments to the Nevada Revised Statutes that govern corporations there....more

Bracewell LLP

Texas Adopts Significant Pro-Business Corporate Law Reforms

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With a pair of bills signed by Texas Governor Greg Abbott on May 14, 2025, and May 20, 2025, Texas took a major step in positioning itself as the pro-business jurisdiction of choice for public and private companies. The...more

Fenwick & West LLP

Texas Adopts Law Permitting Limits on Shareholder Proposals

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On May 19, 2025, Texas Gov. Greg Abbott signed Senate Bill No. 1057 (SB 1057) into law....more

Allen Matkins

Is A Stake An Unincorporated Association?

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I have devoted several posts over the years to California's Unincorporated Association Law. Although many houses of worship are incorporated, some are not.  Even amongst incorporated religious groups, there can be sub-groups...more

Patton Sullivan Brodehl LLP

LLCs Can Assert Offensive Claims Against Members

In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the...more

Bricker Graydon LLP

“O-H!” “I-N-C!”

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Consider incorporating in the Buckeye State - the home of championship college football teams and sensible, business friendly corporate laws. Recent developments have called into question the prevailing wisdom of choosing...more

Allen Matkins

If A Picture Is Worth A Thousand Words, Should Bylaws Have Pictures?

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Nearly 13 years ago, I ruminated on the question of whether corporations are required to have bylaws.  As far as California is concerned, there is no requirement that a corporation in fact have bylaws, although virtually all...more

Holland & Knight LLP

Developments in the Texas Top Cop Shop Case Impact Corporate Transparency Act

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The U.S. District Court for the Eastern District of Texas on Dec. 3, 2024, issued a nationwide preliminary injunction suspending the government's enforcement of the Corporate Transparency Act (CTA) and its Implementing...more

Benesch

Nationwide Pause of Corporate Transparency Act and BOI Reporting Requirements

Benesch on

Entities subject to CTA coverage should continue to prepare to report BOI to FINCEN. On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the...more

Tucker Arensberg, P.C.

An Eleventh-Hour Pause on the Corporate Transparency Act

Tucker Arensberg, P.C. on

On December 3, 2024, an order of the United States District Court for the Eastern District of Texas granted a nationwide injunction halting enforcement of the Corporate Transparency Act (“CTA”) and regulations enacted under...more

Smith Anderson

Nationwide Injunction Issued Against the Corporate Transparency Act

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On December 3, 2024, in Texas Top Cop Shop, Inc. et al. v. Garland, the United States District Court for the Eastern District of Texas (the “Court”) issued a nationwide preliminary injunction against the government’s...more

Tucker Arensberg, P.C.

Federal and Pennsylvania Corporate Reporting Requirements: Subject to Nationwide Injunction

Tucker Arensberg, P.C. on

This is a last in a series of client alerts and blog posts we’ve issued over the last year designed to inform you of the new Federal and Pennsylvania corporate reporting obligations....more

Allen Matkins

What About Calexit?

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My last several posts have discussed the current debate on the phenomenon referred to as "DExit", which refers to Delaware corporations that choose to reincorporate in other states.  In a recent article, Professor Bainbridge...more

Allen Matkins

California Legislator Proposes To Enhance Criminal Fines For California, But Not Delaware, Business Entities

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In February of this year, California Assembly Member Jesse Gabriel introduced a bill making certain technical, nonsubstantive changes to a provision of the Penal Code concerning the removal of prison inmates for court...more

Allen Matkins

Bill Would Vest Secretary Of State With Broad Powers To Cancel Business Entities

Allen Matkins on

Last month, California State Senator Monique Limón introduced a bill, SB 1168,  that would endow the California Secretary of State with the power to cancel the articles of a domestic corporation or the filing of a statement...more

Allen Matkins

May A Joint Venturer Withdraw From A Joint Venture In Order To Pursue A Joint Venture Opportunity?

Allen Matkins on

California's Uniform Partnership Act of 1994 provides that a partner has a duty to refrain from competing with the partnership in the conduct of the partnership business "before the dissolution of the partnership".  Cal....more

Allen Matkins

Why I Find This Case To Be So Confusing

Allen Matkins on

I recently came across Judge William Alsup's ruling in Carbon Crest, LLC v. Tencue Productions, LLC, 2022 U.S. Dist. LEXIS 66676.  However, the first two sentences of the ruling left me baffled...more

Allen Matkins

Legislature To Consider Easing Corporate Conversions

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Chapter 11.5 of the California General Corporation Law currently authorizes the conversion of a corporation into an "domestic other business entity" (defined in section 167.7) such as a limited liability company or a...more

Dorsey & Whitney LLP

Washington State’s Limited Cooperative Association Statute

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 Washington State recently passed a law setting forth a new business entity type: Limited Cooperative Associations (LCA). This new statute will become effective July 28, 2019....more

Allen Matkins

Whom Do You Serve?

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Suppose you were asked to serve Nation Credit Adjusters, L.L.C. Your first step would likely be to try to identify the LLC's agent for service of process. If you perform a business entity search on the California Secretary...more

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