Common Mistakes New Corporations and LLCs Make Without Legal Counsel

Creating a new corporation or LLC (Limited Liability Company) can be an exciting venture for entrepreneurs and business owners. However, it's crucial to follow the correct procedures and comply with legal requirements to avoid potential pitfalls. Here are some statistics and interesting data on common mistakes made by new corporations or LLCs when they do not seek legal counsel: Failure to File Properly: According to the U.S. Small Business Administration (SBA), improper filing is a common issue. Around 20% of small…

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Guarding Your Business: The Critical Importance of Data Security

Business owners need to be extremely careful with their information and data for several critical reasons: Protecting Sensitive Information: Businesses often handle sensitive information, such as customer data, financial records, trade secrets, and proprietary processes. Failing to safeguard this information can lead to data breaches, which can be costly and damaging to the business's reputation. Legal Compliance: Many industries are subject to strict data protection and privacy regulations, such as the General Data Protection Regulation (GDPR) and the Health Insurance…

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Why do you need a registered agent for your business? 

A registered agent is a person or company designated by a business entity to receive important legal and tax documents on its behalf. Here are a few reasons why you might need a registered agent for your business: Legal compliance: Many states require businesses to have a registered agent in order to legally operate. The registered agent must be a resident of the state in which the business is incorporated or authorized to do business, and they must have a…

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Is an NDA enforceable in Florida? 

Yes, non-disclosure agreements (NDAs) are generally enforceable in Florida. Florida has laws that recognize the validity of contracts and provides a legal framework for enforcing them. An NDA is essentially a contract between two or more parties, where one or more parties agree not to disclose confidential information to third parties. As long as the NDA meets the requirements for a valid contract under Florida law, it is generally enforceable. It's important to note that Florida law also places limits…

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So, Which One Is Better?  The LLC Or The Corporation? 

Florida is awash in limited liability companies and corporations.  Businesses are smart to form them because both create a shield between the owners and operators, on the one hand, and the outside world, on the other. But which one is better for you? Here comes the unfortunate answer you dreaded: it depends.  It depends on a number of things, some of which are personal to the people who first create the entity, but a lot really has to do with…

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How an LLC is Treated in a Divorce

If you own a Limited Liability Company (LLC) and are in the process of splitting from your spouse, you may be worried about what happens to your LLC in a divorce. In Florida, an LLC is most often considered marital property if it was created during the marriage, which means each spouse carries an ownership interest in the company, regardless of who started the business or whose name is on the company letterhead. This can make it more difficult to…

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