News & Analysis as of

Limited Liability Company (LLC) Small Business

Davidoff Hutcher & Citron LLP

Enforcing Operating Agreements in Restaurant LLCs: Common Pitfalls and Solutions

A well-drafted Operating Agreement is crucial for restaurant LLCs, setting clear rules for ownership, management, and dispute resolution. However, even the best agreements can become a source of conflict if not properly...more

Davidoff Hutcher & Citron LLP

Why Restaurant Owners Need Asset Protection Strategies

Running a restaurant comes with financial risks, including lawsuits, creditor claims, and unforeseen business downturns. Without proper asset protection strategies, restaurant owners may expose their personal wealth and...more

IR Global

Navigating Business Law in Arizona

IR Global on

From its favorable business climate to its strategic location and growing innovation ecosystem, Arizona is quickly becoming one of the best places in the U.S. to start, expand, or relocate a business....more

Husch Blackwell LLP

Delaware Overhauls DBA Process

Husch Blackwell LLP on

On February 7, 2025, Delaware House Bill 40, which amends portions of the Delaware Code dealing with the registration of trade names (DBAs) in Delaware, was signed into law by Governor Matt Meyer. ...more

Hendershot Cowart P.C.

Texas Senate Bill 29: New Business Liability Protections and Governance Reforms for SMBs

Hendershot Cowart P.C. on

Texas Senate Bill 29 (SB 29), signed into law by Governor Abbott on May 14, 2025, and effective immediately, introduces substantial changes to the Texas Business Organizations Code that affect how businesses operate in the...more

PilieroMazza PLLC

OHA Confirms: SBA Must Consider Operating Agreements in Joint Venture Size Determinations

PilieroMazza PLLC on

A recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in the Size Appeal of DecisionPoint-Agile Defense JV, LLC, SIZ-6336 (Feb. 12, 2025) highlights the critical role of a thorough SBA...more

Tucker Arensberg, P.C.

The Hazards of Forming a Company Using Online Legal Services

Tucker Arensberg, P.C. on

In today’s digital age, entrepreneurs are often tempted to use online legal services such as LegalZoom, Nolo, or similar platforms to form their businesses, or in some instances, even artificial intelligence. ...more

Orrick, Herrington & Sutcliffe LLP

Risk and Reward: How Starting Your Business as an LLC Could Impact QSBS Tax Savings

As a founder, deciding whether to organize your business as a corporation or a limited liability company (LLC) is a crucial first step. Corporations are often favored for their ability to attract venture capital and offer...more

Allen Barron, Inc.

What Companies Should Consider Fractional Executive Services?

Allen Barron, Inc. on

What companies should consider fractional executive services? Can a CEO, CFO, COO, CTO, or other C-level executive be hired part-time to leverage their extensive experience and knowledge?...more

Dinsmore & Shohl LLP

Thinking About Buying a Racehorse? Things to Consider.

Dinsmore & Shohl LLP on

Imagine how exhilarating it would be to watch your horse cross the finish line first (or even second or third) in a Breeders' Cup race. Is that possible? Is world-class racing too lofty of a goal for a pro­spective new owner,...more

Holland & Knight LLP

New Changes to California Commercial Leasing Requirements in 2025

Holland & Knight LLP on

Recent legislative changes impose new requirements for owners of California commercial properties, at least with respect to certain specified types of tenants. Effective Jan. 1, 2025, the Commercial Tenant Protection Act,...more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

Rivkin Radler LLP on

Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

Cole Schotz

Death, Taxes and Shareholder Agreements: Lessons from the Connelly Case

Cole Schotz on

Recently, the U.S. Supreme Court ruled unanimously in Connelly v. United States, that the valuation of a decedent’s shares in a closely held corporation for federal estate tax purposes must include insurance proceeds received...more

Allen Barron, Inc.

Tuning up your business

Allen Barron, Inc. on

It's human nature to take the "if it ain't broke, don't fix it" attitude, which extends to allowing areas of your business to evolve and develop without scrutiny. This is why tuning up your business is an essential part of...more

Foodman CPAs & Advisors

Pass-Through Entities are Under Scrutiny by IRS

Foodman CPAs & Advisors on

On 10/22/24, the IRS announced that is has officially commenced operations of the newly established pass-through field operations unit within its Large Business and International (LB&I) division, which was announced last...more

Holland & Knight LLP

A Look at Search Funds and Section 1202 Qualified Small Business Stock

Holland & Knight LLP on

Search Funds should consider the availability of the tax benefits of Section 1202 in connection with their acquisitions. The upside, if properly structured, can be significant. Section 1202 has gained popularity likely due to...more

Husch Blackwell LLP

Unanimous Supreme Court Determines Company-Owned Life Insurance Increases Fair Market Value

Husch Blackwell LLP on

On June 6, 2024, the Supreme Court held 9-to-0 in Connelly v. United States that company-owned life insurance increases the company’s fair market value for estate tax purposes, and the company’s obligation to redeem a...more

Morgan Lewis

Llcs and Small Business Owners: Be Sure to File Beneficial Ownership Information Report to Comply With CTA

Morgan Lewis on

January 1, 2024 ushered in a new regulatory scheme for small business owners across the United States with the Corporate Transparency Act (CTA). The CTA seeks to combat illicit activity involving tax fraud, money laundering,...more

International Lawyers Network

Establishing a Business Entity in Lithuania (Updated)

1. Types of Business Entities - Investors may choose from the following types of business entities: • Private limited liability company • Public limited liability company • Individual enterprise • Limited...more

Hendershot Cowart P.C.

Small Business Owners: New Federal Reporting Requirements Start January 1

Hendershot Cowart P.C. on

Beginning January 1, 2024, most small businesses in the United States will have to report information about the people who own and control the business to the federal government. This new reporting rule was established by...more

Bradley Arant Boult Cummings LLP

FinCEN Provides Small Entity Compliance Guide for Beneficial Ownership Reporting under the CTA

As the January 1, 2024, start date for private entities to begin reporting beneficial ownership under the Corporate Transparency Act (CTA) rapidly approaches, increasing attention is being given to how these far-reaching...more

Rivkin Radler LLP

ESBTs and the Carryover of S Corporation Losses

Rivkin Radler LLP on

Since 1995 to the present, the LLC has emerged as the entity of choice for the vast majority of entrepreneurs. This form of business entity owes its success to the flexibility and to the tax benefits that it affords its...more

International Lawyers Network

Establishing A Business Entity In Lithuania (Updated)

1. Types of Business Entities - Investors may choose from the following types of business entities: • Private limited liability company • Public limited liability company • Individual enterprise • Limited...more

Poyner Spruill LLP

What’s in a Name? Why Your Business May Need to Update its Assumed Name

Poyner Spruill LLP on

Do you operate your business in North Carolina under an assumed name? If so, it is important to ensure your assumed name is still effective given statutory changes effective December 1, 2022....more

Foley & Lardner LLP

What You Need to Know about the Corporate Transparency Act’s Final Rule

Foley & Lardner LLP on

The Final Rule issued under the Corporate Transparency Act (CTA) is, as forecast, a sweeping and significant update to the U.S. anti-money laundering laws, estimated to affect over 32 million entities by requiring new reports...more

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