Setting Up an LLC - The Benefits and Steps of a Limited Liability Company

A limited liability company (which is commonly abbreviated as LLC) offers limited liability to its owners as a legal form of business company in the United States. Many small business owners are drawn to this type of business formation because it offers limited liability for the actions and debts of the company. This type of business formation excludes personal liability from the general debts and other obligations of the company and limits the liability of the owners to the extent of their equity. An LLC has characteristics of both a partnership and corporation; the primary partnership characteristic is the availability of pass-through income taxation while the primary corporate characteristic is limited liability.

Many entrepreneurs choose to setup an LLC for tax reasons. LLCs avoid "double taxation" because the income of the LLC itself is not taxed at the company level. Instead, taxes on profits and deductions of losses are computed at the individual level on the personal tax return of each LLC member (owner). LLC owners can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation. Owners make this election through the IRS after the company forms with the state.

After setting up an LLC, the bottom-line profit of the business is not considered to be earned income to the members, and therefore is not subject to self-employment tax. But it is still important to consider that the managing member's share of the overall profit of the LLC is considered earned income, and is subject to self-employment tax.

Members of an LLC are compensated using either guaranteed payments or distributions of profit. Guaranteed payments represent earned income to the members, which qualifies them to enjoy the benefits of tax-favored fringe benefits. A distribution of profit allows each member to pay themselves by merely writing checks. However, as a member of an LLC, you are not allowed to pay yourself wages.

Another important perk of setting up an LLC is that the managing member of an LLC can deduct 100 percent of the health insurance premiums he pays, up to the extent of their pro-rata share of the LLC's net profit.

The basic steps to setting up an LLC are fairly simple:

Step 1: Find a copy of the LLC Articles of Organization Form for your state. This is usually located at the Secretary of State's office. It is also a good idea to check there are any rules concerning business names in your state.

Step 2: Choose a name for your business. Almost any name will work so long as it is not the same or deceptively similar to a name being used by another entity that is filed with the State Filing Office which is usually the Secretary of State's Office. The name must end with the words Limited Liability Company or an abbreviation such as LLC or L.L.C. The ending such as LLC or Inc is not considered part of the name when searching for availability.

Step 3: Complete and File the Articles of Organization form with the State Filing Office. The State Filing Office where you turn in the form is usually the Secretary of State where you are required to pay a filing fee. The Articles of Organization form is a relatively simple document that includes the name of your business, its purpose, office address, the registered agent who will receive legal documents, and the names of each initial member of your proposed LLC. A registered agent is simply a person or incorporated company who can accept service of legal papers if your company is sued or the person who can receive mail from the State Filing Office. You can act as your own registered agent, however, the address you use must be a street address and not a P.O. Box. The address is important to make sure you receive papers that are served or sent to your company.

Step 4: Submit a notice to your local newspaper for publishing. This step is sometimes required by your state, you may want to check to make sure. Some states even require this step to be done before filing your Articles of Organization form. This notice should detail your intention to setup an LLC.

Step 5: Prepare and Sign an Operating Agreement. This is not required by the state but is a very important step in maintaining your liability protection and preventing disagreements between the members. The Operating Agreement is an essential document which sets forth the rights, duties and obligations of each member of the LLC. It also usually sets the ownership percentages between the members, the division of profits and the distribution of income. This document can also strengthen your liability protection by demonstrating that you have completed the organization of the company and are in compliance with the process.

The State Filing Office usually does not provide Operating Agreements, this will be something that you have to come up with. Many people use online services such as settingupllc.com, and other people go further and hire attorneys which can be much more expensive.

Step 6: Obtain an Employer ID Number (EIN) from the IRS. As a separate legal entity, your LLC requires its own federal tax identification number from the IRS. This can sometimes be avoided if an LLC is owned by only one person, in which case the person has the option of reporting taxes on his own social security number. To get the Employer ID Number you can acquire from SS-4 from most post offices and then file it with the IRS.

Step 7: Setup a Separate Bank Account for the LLC. A separate legal entity requires a separate bank account. It is important that you do not co-mingle your funds between business and personal bank accounts. The courts will look at this if you were to ever get sued.

Step 8: Document Ownership Interest Percentages of the LLC. To avoid disputes and ownership conflicts in the future, it is important to assign ownership percentages when the company is first formed. This step is not necessarily required, but it would be very wise.

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Which Is Best, A Will Or A Living Trust?

You don't have to be wealthy to need a will in regards to your personal property. After you're gone, legal wrangling can become time consuming for family members left behind and often creates indecision and fighting amongst potential beneficiaries as your wishes may not be clear. A will is usually straightforward and simply put is a legal document that specifies how your property will be dispersed at the time of your death. It can be revoked or amended at any point in your lifetime, and can be used to appoint a guardian for any children that are not yet of legal age.

Another option to be considered is a living trust. A living trust handles property management of all assets and all of these assets are transferred to the trust. Typically, you will act as your own trustee while specifying who will act as trustee upon your death. A living trust has the added benefit of avoiding probate after you die and preventing public disclosure of all your private financial matters. A living trust does have some drawbacks. It must be maintained and any new property acquired must be transferred to the trust or it will not be under the protection of the trust. A living trust is also more expensive to initiate and must be managed. Generally a living trust is recommended if your estate exceeds a specific dollar amount, you have minor children, you're willing to manage the trust, and if you want control of when your beneficiaries receive any assets.

A simple will might be a better option if there is informal probate available where you live. Informal probate is a greatly expedited form of probate and is generally available to those whose estate is under a certain dollar amount. If you are single without children, and you don't own a business, it probably isn't necessary to set up a living trust and a simple will is sufficient. Upon your death, the executor of your estate will submit your will along with a petition to the probate court. The petition requests that the will be accepted as legal and valid and request that the executor named in the will be legally appointed. Any heirs, beneficiaries, or creditors must be notified of the submission of the will and have a specific amount of time to challenge it or submit claims against the estate.

This process does not apply to living trusts, which is why many people opt for a living trust versus a will. Each person's situation is unique and should be evaluated by an attorney who is familiar with estate law. Talk to your family and determine who will handle your affairs after your death. With everyone understanding who will handle which aspects of the estate and what to expect, the loss of a family member is a less stressful one.

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Power of Attorney = Power in Your Hands

If you manage your property remotely and use a local trusted friend or family member to handle the rental issues for you, you need a contract or a power of attorney. It is a contract involving the details on the work and the compensation in return. It should also define what happens in the case the contract is breached.

With a power of attorney, you grant the person permission and authority to make decisions on behalf of you. Your power of attorney is like a backup and you can revoke it any time you want.

The power of attorney can be very general or specific. To protect yourself, you should always use a limited power of attorney. A good limited power of attorney document for a rental property should specify the expiration date, the property on which it is authorized, and acts permitted. You can customize this according to your needs.

For an ongoing property management purposes, you can specify the expiration date for a year or two. On the other hand, if you are on vacation or just want your power of attorney to sign the lease with the tenant, you can set the dates for a shorter period of time.

You also want to restrict the properties your power of attorney has the authority on by specifying the address of the property. Or if you allow him/her to act on all the rental properties in a city or state, you can put this in the document.

Other important things to spell out in the power of attorney are the kinds of delegations you grant. You might allow your power of attorney to lease the property only, but not collect future rent payments for you. You might give the power to them to furnish the property or adjust the rent or not. It is entirely up to you to decide how much or little power you grant to your power of attorney.

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Deeds - Some Ways To Make Changes - By the People

Rene at By the People talks about Deeds of trust and how they can help people make the necessary changes to their title for a number of different reasons. Call 707-428-9871 with any questions, and visit the website at http://www.bythepeopleca.com

3 Reasons to Incorporate Your Business

Nina Kaufman on when it makes sense to incorporate your startup company.

Living Trust and Wills - By the People

Living Trust or a will? Rene talks about some of the differences and what sets one apart from the other to help you make the best decision for your needs. Call Rene or Tammy at 707-428-9871 with any questions you may have, and see the website at http://www.bythepeopleca.com

Can I Name Alternate Beneficiaries in My Will?

Can I name alternate beneficiaries in my will?

Power of Attorney - What Are the Options?

Business or personal matters often require giving power of attorney (abbreviated as POA) privileges to chosen individuals. POA authorizes the chosen individual to decide matters relating to finance or healthcare for another person who are not capable of deciding anything on his/her own.

Before giving such privileges to any person, you need to know how it works, as well as the rights given to that person. The person nominated for the purpose must be competent in making decisions, some of which may go against the wishes of other members of the family.

Law makes it obligatory to give POA only to persons who are at least eighteen years old. It is extremely important to select a person capable of taking difficult decisions relating to finance and health.

People can choose between different kinds of rights and responsibilities that they can transfer through a Power of Attorney form, depending on their needs. Every POA involves two persons, the 'Principal' and the 'Attorney-in-Fact.' The former is the individual who defines the contract, and the latter is an individual who executes the duties specified therein.

The most usual kind of contract is the Durable Power of Attorney. It's a legal document, authorizing the attorney-in-fact to take decisions concerning the finances and health, as stipulated by the Principal. This kind of POA remains in force till the Principal dies or revokes this act.

The other frequently made document is called the Non-Durable Power of Attorney. The attorney-in-fact to is authorized to take decisions for certain transactions, which are specified in the act. This kind of POA is usually made when the Principal needs to undergo surgery or another medical treatment that could make them unable for taking decisions. This POA is valid for a particular transaction, and automatically expires after the operation took place.

A Healthcare Power of Attorney is required while authorizing an individual for taking medical decisions for the Principal. It essentially involves discussing the types of treatments to which the principal may be subjected to.

The Limited Power of Attorney is generally given to another person for selling or transferring some Real Estate or property in the possession of the Principal. The privilege expires after the completion of the transaction.

Most do not feel comfortable discussing such topics. However, the kind of treatment to be followed should be discussed in advance, in case anything unexpected happens. For instance, if someone doesn't want to be kept on a life support system, when the brain is declared dead, he/she should specifically mention it in his/her healthcare POA. Else, the medical personnel is obliged to obey the state laws and continue with the regular medical treatment.

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Living Wills Review: Five Reasons Why You Must Have A Living Will

Living wills and advance directives have lately become the hot topic of discussion with the case of the brain-dead pregnant women in Texas going to the courts to decide. While her individual rights versus Texas state law makes for a heated debate, the real question for most Americans and Canadians should be 'What happens if you don't have a living will and the unthinkable happens?'

Every year, thousands of people have an unfortunate accident that leaves them in an incapacitated state. This is where a living will comes into play. A living will, which can also be known as an advance health care directive or advance directive, is a set of instructions given by you, allowing for what types of medical intervention and treatment you would like to receive, if you are in a state of mind where you cannot make decisions for yourself. If you don't have a living will, you leave these decisions to someone else. So, there by itself, is the number one reason for having a living will. Now let's break down the other 4 major reasons why you should have a living will:

2. Avoid Family Fighting. Imagine what not having a living will could do to your family. If you haven't made the medical decisions that are usually addressed in a living will, depending on your state or province, often times it is left up to your family to make these pain staking decisions for you. Imagine your spouse having to decide whether or not to keep you on life support. Now imagine your mother, or brother, disagreeing with their decision. The emotional toll this can take on a family could be devastating. The case of Terri Schvaio often comes to mind. Back in 1990 she collapsed and fell into a coma for more than two months, and then was declared to be in a vegetative state. Years later, her husband made the decision, against her parents' wishes, to have her removed from a feeding tube. The argument went on for seven years. You can imagine the emotional toll your family would suffer in a similar situation.

3. The Medical Costs. In some cases when a person is incapacitated, the prolonged period of keeping a patient alive can outlast the medical insurance, leaving the extra costs to be paid by the patient's estate. Many times, when the decision is made by the spouse, or other family member, to artificially extend one's life, the medical costs involved can cause an extreme financial burden. It is not unheard of for families to end up losing everything because of this. If you were incapacitated, could you imagine your family losing their home, or possibly facing medical bankruptcy?

4. The Legal Costs. All it takes is for two family members to disagree and here comes the lawyers. This happens in many cases, like Terri Schvaio's, where lawyers for the disagreeing parties spend weeks, months, and even years, arguing for their side, all the while the costs are adding up. And eventually someone will have to pay those bills. Imagine the life insurance you left to protect your family, ending up in the hands of attorneys, all because no one knew what your wishes were. These situations happen all too often. You having a living will can avoid a catastrophe like this.

5. Peace of Mind. Simply put, when you have a living will, you are more likely to have the peace of mind of knowing that your wishes will be known, and that family members won't have to fret over whether or not they made the right decision. It is perhaps one of the most responsible, unselfish acts you can take by keeping the heart wrenching decisions out of the hands of your loved ones. If the unthinkable were to happen to you, there would be no reason to compound your family's suffering.

Now that you have the five major reasons to get your living will, you have to decide what to include in it. There are many points to consider, like if you should appoint a medical power of attorney (POA), where you would designate someone you trust to make decisions that may not have been covered in your living will, or adding a 'do not resuscitate' directive. These are some of the many items you will want to discuss with your family. Also consult your attorney for advice on your state's laws when drafting a living will.

I heard it said that having a will is like writing a final love letter to your loved ones to assure they get everything you want them to have. When you think of it in these terms, a living will would be an extension of that love letter, preventing unnecessary pain and hardships for your family, just in case you were to experience an incapacitated state for any length of time.

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Estate Planning : What Is a Durable Power of Attorney?

Durable power of attorney allows the power of attorney to manage funds even in the event of incapacitation. Find out what durable power of attorney is from an estate planning and probate lawyer in this free video on estate law.

Suspension, Termination and Conflicts Relating to Advance Directives and Powers of Attorney

Powers of attorney are commonly used instruments, but few people spend the time to really understand how they actually operate. This includes attorneys and lay persons. Depending on whether a power of attorney is considered durable, there are certain events, such as a principal's subsequent incapacity, which may limit, or restrain an agent from exercising his or her enumerated powers pursuant to the power of attorney instrument.

Let's take a look at just some of the events which can result in a suspension or termination of a power of attorney. Firstly, if a power of attorney is not durable, meaning it does not contain certain language referenced by law, the following events will terminate a power of attorney. 1) principal dies, 2) becomes incapacitated. Of course a subsequently executed "poa" that explicitly revokes all previous ones, will also result in its termination.

If a poa is durable, the scenario mentioned above is a little different. While the death of the principal still results in termination, subsequent incapacity of the principal could lead to a multitude of scenarios. If a petition to determine the incapacity of the principle is filed, the authorities granted in the power of attorney are suspended until the petition is dismissed or the court enters an order authorizing the agent to carry out powers granted to him. Certain powers, like the authority to make health care decisions for the principal, remain effective until the Court orders otherwise.

In emergency situations, if the agent feels he needs to act on the principal's behalf the agent may ask or "petition" the court to allow him to use powers which are otherwise suspended, after a petition to determine incapacity has been filed.

Other issues arise when powers of attorney conflict with advance directives which the principal may have executed and which may have given different individuals authority to act on his or her behalf. These disputes sometimes involve family members, who have different opinions on what is best for the principal. The law provides that if an advance directive and a poa conflict, the advance directive controls, unless a poa is later executed, and expressly states otherwise.

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Conservatorship Information

A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.

A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee.

Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Which Is Best, A Will Or A Living Trust?

You don't have to be wealthy to need a will in regards to your personal property. After you're gone, legal wrangling can become time consuming for family members left behind and often creates indecision and fighting amongst potential beneficiaries as your wishes may not be clear. A will is usually straightforward and simply put is a legal document that specifies how your property will be dispersed at the time of your death. It can be revoked or amended at any point in your lifetime, and can be used to appoint a guardian for any children that are not yet of legal age.

Another option to be considered is a living trust. A living trust handles property management of all assets and all of these assets are transferred to the trust. Typically, you will act as your own trustee while specifying who will act as trustee upon your death. A living trust has the added benefit of avoiding probate after you die and preventing public disclosure of all your private financial matters. A living trust does have some drawbacks. It must be maintained and any new property acquired must be transferred to the trust or it will not be under the protection of the trust. A living trust is also more expensive to initiate and must be managed. Generally a living trust is recommended if your estate exceeds a specific dollar amount, you have minor children, you're willing to manage the trust, and if you want control of when your beneficiaries receive any assets.

A simple will might be a better option if there is informal probate available where you live. Informal probate is a greatly expedited form of probate and is generally available to those whose estate is under a certain dollar amount. If you are single without children, and you don't own a business, it probably isn't necessary to set up a living trust and a simple will is sufficient. Upon your death, the executor of your estate will submit your will along with a petition to the probate court. The petition requests that the will be accepted as legal and valid and request that the executor named in the will be legally appointed. Any heirs, beneficiaries, or creditors must be notified of the submission of the will and have a specific amount of time to challenge it or submit claims against the estate.

This process does not apply to living trusts, which is why many people opt for a living trust versus a will. Each person's situation is unique and should be evaluated by an attorney who is familiar with estate law. Talk to your family and determine who will handle your affairs after your death. With everyone understanding who will handle which aspects of the estate and what to expect, the loss of a family member is a less stressful one.

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Understanding Probate in California

Probate is the legal process that settles the property of the deceased person and tells how it should be equally distributed among the heirs and beneficiaries in case there is no will. The rules and regulations of probate vary form state to state and each state can have a different procedure and hearing process for probate. Some general guidance might be similar in most states but it is always advised to take help of a legal advisor in case you need to understand the probate process in your locality. Moreover you should understand that every probate case is different depending on the amount of money involved in it. The different property, debts and people involved in it make the whole case different from one other. There is no way that the rules and results of one probate case can apply to other case. Normally people have a view point that probate can be an ugly scene but the fact is that it can be easy if all parties involved in it work together for a positive outcome and preserve the memory of the deceased person.

In most cases, the property of the deceased person is transferred to his spouse if the person has not made any will before his expiry but in some conditions due to the parties' involved the property cannot be transferred to the spouse directly. The probate court which hears the matter of probate cases will get involved if there any issues relating to the property of the deceased person. The case has to go through a legal framework and the final order of the court has to be addressed by each person involved in the case. Now, since every state has different law regarding the probate so the hearings of the case in the court can be different in each state.

If the deceased person has a will and has named a representative,all the assets will be handled by this person unless the judge deems this person unfit, etc.If there is no representative named in the will then the court appoints a representative who handles the property unless the decision is made. The appointed representative is called the administrator and has sole responsibility of handling the property.

The Probate Process

In the initial phase the administrator opens the case in the court. During this period he evaluates the property and collects all the property of the deceased person. Few items which come under contract of the deceased person are not held in probate and they pass automatically to the beneficiary. Any bank accounts or other things which has the clause of "payable on death" are transferred to the person named in the contract. Only those limited property that have no clear beneficiaries are accountable for probate process. After accumulating all the property, the administrator sends a legal notice to all parties involved in the case and pays all the debts and claims which remain outstanding on the deceased name. Then the administrator distributes the remaining property to the beneficiaries of the decedent as instructed in the court's verdict.

If there are any disputes during the process then the court hearing decided upon the matter and the final verdict has to be agreed upon by every parties involved in the probate process. Anyone can file the claim on the property and if the court declines the claim then the opponent can file lawsuit to claim the property. If the lawsuit is made then court has to take the case more formally and this is when major problems occur during the probate process.

Normally, probate process take a longer time and if the amount involved is huge then the process can be more problematic. But if all the parties involved work together to make a positive solution then probate process can be competed easily and the property is distributed equally among the heirs or beneficiaries.

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Roadblocks to Surpass When Starting an LLC Business

Some folks have a lot more excuses than reasons to start an LLC business. Some optimists would prefer to label them as roadblocks that serve well as challenges. Taking this perspective will help business owners persevere despite the challenges that come their way. Here are some of the roadblocks that anyone starting an LLC business in are likely to face:

- Bad economy

Even when the economy is good, you might still have reasons not to take the entrepreneurial jump. It is a fact, however, that opportunities abound even on a bad economy. The challenge is how to spot these opportunities so that your LLC business can flourish.

- Financing

Money is not always enough to start an LLC business, or elsewhere for that matter. Fortunately for those who wish to put up their own LLC, there are banks that offer financing instruments that could provide the necessary operating capital.

- Location

There will be no shortage of business-worthy locations as long as you are offering the right products and services in the right place where your customers are likely to be at. School fairs and carnivals would be ideal for a food kiosk or a novelty shop. Just be where your potential customers could possibly hanging out.

- Marketing plan

Of course, a big factor to consider in setting up your LLC business is your marketing plan. How are you going to promote your products and services to your customers? What messages would be compelling enough for them to buy your products or avail of your services? These are just a couple of questions you should ask yourself. The answers to these questions should be factored in when you draft your marketing plan.

- Suppliers

Most small businesses do not exist on their own. In most cases, you will have to rely on suppliers whether for your raw materials or for the products that you are going to distribute. Your partners in your LLC business are your suppliers. Make sure that you find those that can match your customer demand. If necessary, you should be able to find several suppliers to ensure that you will not run out of the products and services that you intend to sell to your customers.

- Number of employees to hire

Hire only based on what you can afford. Some new start ups would hire more employees than what they could afford on their budget. They hire people so they don't have to do all of the work themselves. If there are some tasks that you can do yourself, do it yourself for the meantime and keep whatever money you could instead of paying an additional employee who might not exactly be critical for the operations of your LLC business.

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California DUI Expungement - Expunge Your Record and Move on With Your Life

Having a DUI arrest or conviction record can tarnish your reputation and make it difficult for you to get a job, loan, college, military etc. Fortunately, California State allows you to expunge your DUI record thereby, helping you to leave behind your past crimes and move on with your life. However to obtain DUI expungement in California you must meet certain requirements. Also, your expungement is not guaranteed even after it's ordered.

Can your case be expunged?

Under California law, your case can be expunged if you meet the following requirements:

1. if you fulfilled the conditions of probation.

2. if you are not presently serving a sentence or on probation for any other crime.

3. if you are not presently charged for any other crime.

Also other factors are considered before granting an expungement such as whether you are a minor or an adult at the time of your conviction, whether you are charged for misdemeanor or felony, and whether or not you were sentenced to a state prison. If you meet such requirements your case will be expunged.

What happens when the expungement is granted?

Under California law, expunging means withdrawal of plea of guilty or no contest and entering a plea of not guilty or setting aside the judgment if you are found guilty in the trial. Once granted, you are thereafter, relieved from all the consequences resulting from a DUI violation, though with some exceptions.

Your life after expunging DUI record:

Job Applications:

As per the California law, when applying for a private job you can firmly answer "no" to the question "have you ever been convicted of a crime?" in the application form. Also, your DUI record will not show up when conducting a background check.

But expungement does not serve its purpose when you apply for a government job. Your DUI convictions will be revealed as expunged. It's not very helpful though. Also, your expunged records are seen as a prior conviction, meaning, it can be used for enhancing the penalties of your future DUI conviction in case you commit any.

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What is Probate? Should Probate be Avoided?

- What is Probate?

- Should I try to avoid Probate with my Estate Plan?

- How can i avoid Probate?

Don't Put Off Getting a Power of Attorney

Do you think you need a Power of Attorney? If you think so then don't put it off and take any chances in the future. You need the time now to think about whom you can truly trust and at this point in your life you may find it hard to eliminate some of your closest family members or dearest friends. Just consider this, you are now mentally stable and it should be more simple to make those decisions now, than it would be in the future when maybe you don't have all of your mental powers with you. Now is the time to safeguard your future financial affairs and secure your assets.

Most of us have the wrong impression of Power of Attorney, we think that only the elderly need one or people with large massive fortunes. Please don't be mislead, we all should consider a Power of Attorney. You will have a form of peace of mind knowing should something happen to you; you will be taken care of legally. You want someone you can trust to look out for your matters.

The vital importance of a Power of Attorney could best be demonstrated by the fact if you should happen to contact a disabling disease which could render you incapable of making your own decisions. Should you have to be hospitalized, you want someone to pay your mortgage and take care of your banking needs; you don't want to loose all that you have worked hard for. A Power of Attorney can protect you legally with the local laws.

The laws are very much in your favor should you ever become incapable of taking care of your affairs. With a Power of Attorney in force, the courts will then step in and use their discretion on who will be in charge of all your affairs. The judge may appoint someone you do not fully trust, so you want to have full control and that is why it is so important to have a Power of Attorney.

So as a good suggestion, the best time for a Power of Attorney is NOW! You want to be protected now, you don't want to wait until it is to late and you don't have the power to help yourself.
So having said that, for your sake, please consider looking into the Power of Attorney aspect for your life.

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Selecting a Legal Structure for Your Business

Starting a business requires prospective entrepreneurs to make hundreds of different decisions before opening their doors to customers. One of the most important decisions is selecting the right legal structure for your enterprise. The manner in which you choose to organize will impact your taxes, personal liability exposure, and fundraising options.

Sole proprietorships are the most common arrangement for people who work alone. This structure is a popular choice because it is the easiest to arrange and does not require any filings with the state. One of the biggest disadvantages of the sole proprietorship, however, is that entity does not exist apart from the owner. Consequently, the owner is personally liable for all financial obligations and damages resulting from lawsuits filed against the company. Another disadvantage is that it can be difficult to raise capital. Banks are reluctant to make loans to sole proprietorships, leaving the owners to rely on home equity loans or borrowing from family.

For enterprises with more than one owner, a partnership might be a good arrangement. Each partner contributes capital, labor, or expertise in order to turn a profit. The partners share in the profits, but like a sole proprietorship, they are also personally liable for debts and damages. One way in which partners can reduce personal exposure is by forming a limited partnership. This form consists of general partners who make decisions and assume the risks and limited partners with no control in the operations in exchange for reduced liability. Tax treatment is one of the main reasons this arrangement is selected. Profits and losses are passed through to the individual partners.

Limited Liability Companies, or LLCs, are a type of structure that is becoming very popular. This structure creates an entity separate from the owners. As a result, the owners are not liable for debts or judgments against the venture. Unlike a limited partnership, all members are free to participate in the management and enjoy protection from personal liability. LLCs also enjoy pass through taxation. However, the tax rules for these structures are complicated. The amount of paperwork is a huge hurdle, and members must file articles of organization with the Secretary of State or sign an operating agreement.

The right structure for your business depends on a number of different factors unique to your enterprise. For example, a small boutique selling handmade cat collars will obviously have less risk and perhaps less revenue than a company that provides window washing services to high-rise office buildings. Prospective entrepreneurs are advised to contact their attorney or accountant in order to discuss the taxation and liability consequences of the different entities. A number of free or low-cost resources to help you make your decision are available from your local chamber of commerce, Small Business Administration, or volunteers with the Service Corps of Retired Executives.

Selecting the organization for your business is one of the most important decisions you and your partners will make. Research all of the available options and seek advice from experienced professionals before making your selection.

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Living Trust and Wills - By the People

Living Trust or a will? Rene talks about some of the differences and what sets one apart from the other to help you make the best decision for your needs. Call Rene or Tammy at 707-428-9871 with any questions you may have, and see their website at http://www.bythepeopleca.com

Ever Considered an LLC?

There are no hard and fast rules as to what is the best way to structure a business, and naturally, the decision will be based on your own individual circumstances. But there are certain pros and cons to each business structure that you should be aware of, as there are certain rules that regulate the way business may be conducted in the U. S.

Strategy - Consider converting your business to a Limited Liability Company to avoid personal exposure to business liability.

Sole Proprietorship and Partnerships do not offer owner(s) protection from business debts, whereas Corporations do.

For this reason alone, you should consider forming your business entity as a Corporation - to provide the owner(s) "1st Level" protection from business creditors. Of course, this only applies to debt that has not been "personally guaranteed" by any business owners.

This same level of protection can also be accomplished, without incorporation, using a "Limited Liability Company" (LLC). A "Limited Liability Company" is taxed as a partnership form of organization-using a Form 1065, (or as a corporation, using a Corporate Tax form) and issuing K-l (Form 1065) Schedules to each owner.

This is the newest method of structuring a business and is a fairly recent innovation. An LLC is like a Sole Proprietorship; however it provides the same protection from liabilities as that of a "C" or "S" corporation. In fact, this structure allows you to elect to be treated as a corporation without having to deal with the formalities of a corporation.

If there is only one owner, you can file and be taxed as a Sole Proprietorship. If there are two or more owners, you will be taxed as a partnership.

Here's why you may want to consider using the LLC form of business organization.

Advantages

· Limits liability just like a regular corporation.

· One person can own the LLC, which eliminates the need to file a separate tax return.

· Other entities such as a C Corp, trust, or partnership can own an LLC.

· Does not require the formal meetings and documentation of a "C" or "S" corporation.

· Tax filing and other paper work is simple and inexpensive.

· You can claim all the same tax advantages of Sole Proprietorship and partnerships.You don't have to hold shareholder meetings or keep meeting notes.

· Management control need not be proportional to ownership.

The advantages of a "Limited Liability Company" over an "S" Corporation form of business organization are as follows:

· An "LLC" is not limited to 100 owners;

· An "LLC" allows foreign individuals to be owners, and

· An "LLC" cannot have its status revoked if it engages in real estate activities.

Disadvantages

· The major disadvantage of an LLC is that it does not provide a FICA tax break like an "S Corporation" does (except in the case of hiring a spouse or children... their salary is not subject to FICA taxes if they are under the age 18).

· The laws which govern an LLC are not uniformly written among the states. Because there is no uniformity between states with regard to the tax treatment of an "LLC", there may exist some potential for exposure to additional liability at your local and/or state level.

Under a "Limited Liability Company" its owners are not called owners or partners, but rather are referred to as "members." Each member enjoys an upper limit on their own personal liability potential in an amount equal to the dollars they personally invested in the "LLC"-just like the liability protection afforded "S" Corporation shareholders.

One final thought on multiple ownerships within partnerships, LLC's or corporations. What happens if you and one other owner in your business do not get along? Bad relationships have resulted in some of the most expensive and protracted legal battles around. This kind of business contention is as bad as a divorce.

Thus, take the following advice:

If you incorporate or structure your business as an LLC and have multiple owners, always set up a "buy-sell" agreement at the launch of your business. This will eliminate a lot of problems you could encounter later. Think of "buy-sell" arrangements as some sort of business prenuptial agreement.

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Uncontested Divorce Made Affordable - By the People

Divorce is probably never easy, but it doesn't have to be expensive. Rene of By the People in Fairfield CA talks briefly about help with uncontested divorces with our without children. Rene or Tammy will be happy to answer all your questions. Call them at 707-428-9871 and you can visit the website at http://bythepeopleca.com

Estate Planning Eases Confusion, Financial Worries

What you need to know about estate planning, including why having a will and assigning a power of attorney is crucial.

Incorporation and LLC's - By the People

Rene of By the People Document Preparation Service in Fairfield CA talks briefly about the basic differences between Inc. and LLC, and the benefits and features of each. Give Rene or Tammy a call at 707-428-9871 with any questions you may have so they can help you get the right product for your business. See more at http://www.bythepeopleca.com

The Importance of a Healthcare Proxy and Living Will

A living will is a legal document that describes your end of life wishes. You create it when you are alive, but it does not become valid until you are in an end of life situation. With a living will your agent(s) have final decision, but it should be made with medical doctors and other healthcare officials to be sure you are given the correct prognosis and so that your agents can make the right decision. You should give a copy of your living will and healthcare proxy to your local hospital, doctor, nursing facility or hospice care agency.

Function

The living will covers common decisions your loved ones can make when you are near to dying. You have the choice to fill out the form in whatever fashion you like. Choices can be made regarding keeping you alive by machines, being kept on a feeding tube with no hope of recovery, being in a persistent vegetative state and more.

Features

Living wills are available online and can be obtained for free. You need not pay for a living will to be drafted. Each state has its own differences so be sure you use the one for your state.

Once completed, the form should be signed in the presence of two witnesses. The witnesses sign the document and attest that you signed of your own free will and that they are not your appointed health care agents or proxies. Some states do not allow relatives or people responsible for make medical decisions to be witnesses.

In your living will, you will designate someone who will be your proxy or agent. This person will be the one you choose to carry out the details of the document. Choose a family member who understands your wishes and has agreed to see that they are carried out. Do not choose a doctor or any employee of a hospital or institution that is treating you at the time it is executed. You can change your agent or proxy, but be sure that whoever got the original one has the new one replaced. The same applies to other changes to the document.

Most people don't like thinking about these things, however they are extremely important. You don't know when you will be in a situation in which this document will be needed. Be sure to complete it now before you can't. Consider all of the possibilities there are regarding your last wishes medically. There are certain powers given to your agent(s). Here are some general rules:

• "Full power to consent, refuse consent, or withdraw consent to all medical, surgical, hospital and related health care treatments and procedures on my behalf, according to my wishes as stated in this document, or as stated in a separate Living Will, Health Care Directive, or other similar type document, or as expressed to my agent by me;"
• "Full power to make decisions on whether to provide, withhold, or withdraw artificial nutrition and hydration on my behalf, according to my wishes as stated in this document, or as stated in a separate Living Will, Health Care Directive, or other similar type document, or as expressed to my agent by me;"
• "Full power to review and receive any information regarding my physical or mental health, including medical and hospital records, in accordance with the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d ("HIPAA");"

• "Full power to sign any releases in order to obtain this information;"
• "Full power to sign any documents required to request, withdraw, or refuse treatment or to be released or transferred to another medical facility."

Your document should contain sections covering the following situations:

1. "If I have an incurable and irreversible (terminal) condition that will result in my death within a relatively short time, I direct that... "

2. "If I am diagnosed as being in an irreversible coma and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that... "

3. "If I am diagnosed as being in a persistent vegetative state and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that... "

You are able to decide which choices can be made.

Other areas to be covered include:

• Intravenous and Tube Feeding
• Life Sustaining Surgery
• New Medical Developments
• Other Non-Conventional Treatments
• Home or Hospital

Benefits

A living will gives you the power to choose how you would like to be cared for in the days leading to your death. It also removes some of the burden from your family when they know that they are following your wishes.

Don't fail to prepare this document. As has been stated herein already, you don't know when you will be in a situation in which this document will be needed.

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