KalishLawTexas' legal blog The Woodlands

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      19 Sep 2011

      Help for Small Businesses Struggling to Keep up with Compliance Issues

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      In 2004, a Foxnews.com carried a story titled “America Mired in Morass of Laws and Regulations”.  (March 11, 2004) 

      The article stated: “The Federal Registry, which records all of the regulations the federal government imposes on businesses (all of which carry the force of law), now exceeds 75,000 pages. The Office of Management and Budget estimates that merely complying with these regulations — that is, paying lawyers to keep educated on them, interpret them and implement them — costs U.S. business another $500 to $600 billion per year.”

       

      And that was in 2004. 

      Anyone who runs a business knows that there are more and more “compliance issues” every year.  Filing for permits, completing online certifications, posting requirements, confidentiality regulations, and so on.    It is easy to get mired in the onslaught of paperwork. Unfortunately, non-compliance (even when due to ignorance of the law) can be very expensive.


      It is important for businesses today to keep up with laws and requirements.    It is especially difficult for small businesses that lack a department or office manager.

       

      Keeping a calendar and organized files can greatly assist in this sometimes monumental task.  Many tasks must be repeated on a yearly basis, so by keeping “last year’s” file handy, you will be able to use it as a guide to filling out the current forms.  Calendaring the tasks and deadlines with a reminder a week or two in advance will keep you from having to frantically root through boxes of old documents at the last minute.   Make sure that a backup person knows where the compliance calendar and files are located, even though there should be one person who is ultimately responsible for carrying out the tasks.

      Kalish Law Office has been providing legal services to businesses since 1984. We provide practical advice and on-site visits when requested.

      “Passionate, Professional and Personal.  We Make the Difference.” www.kalishlawtexas.com    Spring, Texas

       

      tenemos una abogada que habla español

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      27 Jun 2011

      How to do a Little Legal Research Online.....

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      My posts about how to find legal information on the web have been wildly popular in the past, so here is another gem of wisdom on how to catch that elusive thing called legal knowledge.

       

      You can always google, bing, yahoo or ask your way to an answer, but you may have to search through a lot of information that doesn’t cut to the chase. 

       

      So, here are a few tips for doing legal research (and a few cautions, too!)

       

      TIPS (The best places to find good information):

       

      1. State Bar websites: Many state bar associations have specific pages for non-lawyers.  For instance the Texas State Bar has a page “for the public” 

      Non-lawyers can download pamphlets and also information that previously appeared in the Texas Bar Journal client pages.

      2.  www.lawyers.com   This site has legal forums and blogs and is searchable.

      3.   www.avvo.com  legal forums and legal guides

      4.   www.findlaw.com  Here you can “Learn about the law” and “Browse legal wiki”

      5.   www.nolo.com  Lots of information on various legal topics

      6.   Groups or sites that are specific to your problem or area of law, for instance:

      For immigration: USCIS: www.uscis.gov

      US Patents and Trademarks For copyrights and trademarks

       Texas Workforce Commission

      Many professional groups also have a helpful links page.

       

      CAUTIONS:

       

      1. Don’t base an opinion on the wrong law.  Make sure you know whether you are looking at the right law (State or federal?  Current or old law?  Does it apply?)
      2. Don’t believe everything you read, especially on message boards and chat, and don’t assume that it applies to your situation.
      3. Don’t share personal information in a public forum. (not only is it dangerous in general, but if you are involved in a legal action later your posts may work against you)
      4. Beware of scams and of people who are “practicing law without a license.”  

       

      Now you are ready to get some background information for your specific legal question, or just because you want to learn something new!

      Be sure to contact a lawyer when the situation calls for it.  Just as you would consult a professional to deal with a medical problem or a problem with your car engine, you should consult a legal professional in certain situations.

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      6 Apr 2011

      Update for our clients; How a Federal Governmental Shutdown Might Affect You and Your Case

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      If the U.S. government does shutdown temporarily the effects will be felt in various ways.   This is a basic list of general effects that we can expect for the types of cases we handle at this firm.

      In general: all "nonessential" governmental functions will be shut down. This could affect your ability to obtain information from some of the informational "800" numbers operated by the federal government.  

      If you have filed for a passport renewal, or a visa you will most likely be affected.

      If you are seeking information from a federal agency (such as social security adminstration) or need information or documentation regarding a federal pension, you may face longer than usual wait times.   This could indirectly affect your ability to complete an inventory and appraisal in a divorce or probate case. FOIA (Freedom of Information Act Requests) could have additional time added on to their already slow process times.  

      Social security benefits, applications and investigations would be delayed.  

      Many governmental employees will be affected. In the past, some have received pay later, while some people who work under federal contract have had pay suspended.

      At this time it is uncertain whether a shutdown will occur, or how long one would last if it did.  

      For more information and background on what to expect, see this article at About.com  http://bit.ly/gD9bJz and this one at MRP News http://bit.ly/dTAaUK

       

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      14 Feb 2011

      Prepare in Advance for The Sale of Your Business

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      If you are considering selling your business, there are things that you can do to prepare in advance and make the process easier.

      It is often very helpful to have a legal consultation early in the process, to guide you in organizing your thoughts and your documents.


      If you have a business organization set up already (corporation, partnership, LLP or LLC), you should make sure that the documents that you have filed with the state and the IRS are available and up-to-date. 


      You should also consider whether you will need to get the business evaluated, and also be sure that your bookkeeping and taxes are in order. 

      Decide what you are willing to sell.  Different aspects of the business may be “split” off from the sale. For instance, if you own the property that the business operates from, you may decide to sell the business itself, but keep the physical location in your name and act as the landlord to the new owner.  You may decide to sell client lists and the system you have developed for making it a success, but you may not want to sell the name or transfer the corporation to the new owner.

       

      If you are in a business or profession that has licensure or regulation, you should be sure that you are aware of any limitations and regulations that must be followed to allow a sale and transfer to a new owner.

       

      A realistic evaluation of assets, liabilities and future potential of the business will help you to determine a fair price to ask.

       

      Once you have things in order, you can begin to advertise or network to gain a potential buyer.  

       

      By organizing yourself early, you have a better chance of being ready to move right away if an opportunity should present itself. A business lawyer can help you by guiding you through the process, as well as telling you the documentation that will be needed to take the transaction through sale, to closing and transfer.

       

      Kalish Law Office has been representing business owners in buy-sell transactions since 1984.  “Passionate, Professional and Personal. We Make the Difference.”  www.kalishlawtexas.com The Woodlands, Texas


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      10 Feb 2011

      Three Things to Consider When Deciding Whether to Incorporate

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      There are three main considerations when deciding whether or not to change the form of your business.  1) Tax benefit; 2) liability protection; and 3) the time-cost analysis of changing your company’s legal status

       

      Tax Benefit:

       

      Oftentimes the tax benefit analysis is not a “legal question”, but rather an “accounting question”.  If you are unsure of whether you might benefit from a change in your business structure, ask your CPA for more specific information about the different options (incorporation, partnership, LLP or LLC) and what they would mean to you in dollars and cents.

       

      Protection:

       

      As far as asset protection, the first rule is to always have the appropriate insurance policies!    But even the most careful business owner can find him/herself involved in a lawsuit.   You may not have significant assets right now but be aware if that a judgment is rendered against you it may be collectable several years from now.  So you should not ever take asset protection lightly.

       

      If you already have significant assets and your business is doing well it is time to consider taking asset protection to a level beyond the mere purchase of insurance policies. Structuring your business properly will make it a separate legal entity from you.  However, whether or not a business structure protects you and your personal assets depends on the situation, the type of business you are in, and other laws and regulations which apply. You can’t assume that just because you have a corporation or an LLP that you and your assets will be protected in all instances.

       

      Time-Cost Analysis:

       

      If you are a sole practitioner, you are your business and your business is you. If you form a business corporation, your business will be a separate legal “person.”  You will have additional paperwork to do.  In addition to meeting federal tax requirements, you will have to be sure that your information on file with the state is current, your “entity books” are updated regularly, any required annual statements are filed, and your franchise taxes are paid in a timely manner.   Failure to do these things can result in forfeiture of your status.   We have our clients docket the important dates on their business calendars and return to us yearly for a review and update, usually between Jan and April.

       

      Any business entity that is formed must comply with all laws, If you are in a profession which requires a license you will need to be aware of restrictions on what a business may be named, what form of organization may be used, what types of licensed professionals are allowed to practice together, and whether or not an entity may include non-licensed individuals as principals.   

       

      If these additional requirements help you save money, protect your assets, grow your business, and stay out of legal trouble, the time that you spend will be well worth it.   

       

      Plan Ahead

       

      Talk to a business attorney about the types of options available to you.  Explain your current status, your short-term and long-term business and financial goals.  Adequate planning and preparation is the key to success.

       

      To get the most out of your consultation, make a list of your goals and a list of your questions. A summary sheet which describes your business (length of operation, industry, owner/partner information, financial status) will also help the attorney in analyzing the situation.  

       

      Kalish Law Office has been serving business clients in The Woodlands, Texas and surrounding areas since 1984.  www.kalishlawtexas.com  

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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