Effective on January 1, 2016, California Assembly Bill 139 enacted California Probate Code § 5600, et. seq., which permits an individual to transfer real property upon death using a revocable transfer on death (TOD) deed. Effective on January 1, 2016, California Assembly Bill 139 enacted California Probate Code § 5600, et. seq., which permits an individual to transfer real property upon death using a revocable Read More
Securities Issues For Startups: California Limited Offer Exemption Notice
There are many dangers in forming a company without advising an attorney, such as failing to file a securities registration exemption with the California Department of Business Oversight (DBO) and federal Securities and Exchange Commission (SEC). There are many dangers in forming a company without advising an attorney, such as failing to file a securities registration exemption with the California Department of Read More
Selling Your Business To A Financial Buyer Vs. a Strategic Buyer
Whether you want to sell your business next year or a decade from now, you will have two basic options for an external sale: the financial or the strategic buyer. Whether you want to sell your business next year or a decade from now, you will have two basic options for an external sale: the financial or the strategic buyer. The Financial Buyer The financial buyer is buying the rights to your future profit Read More
Handwritten Amendments To Estate Planning Documents: Last Minute Changes
Many individuals may believe they cannot amend their estate planning documents without involving an attorney. While this is not entirely true, it is extremely discouraged because any such amendments can be very ambiguous and incomplete, and subject your estate to litigation. However, you may not have the opportunity to contact an attorney to amend your documents if your medical condition is grave. Many individuals Read More
Are Unsigned Contracts Enforceable In California?
As an owner or employee of a business, you may frequently negotiate business deals with customers, vendors, and other third parties. After negotiations, parties may fail to actually sign written contracts, relying on each other’s word. As an owner or employee of a business, you may frequently negotiate business deals with customers, vendors, and other third parties. After negotiations, parties may fail to actually Read More
Market Pulse Quarterly Report Shows 2015 Ended With Strong Sales Of Businesses And Optimism Is Growing For 2016
The quarterly Market Pulse Survey published by the International Business Brokers Association (IBBA), M&A Source and the Pepperdine Private Capital Market Project showed that business sales remained strong in 2015 especially in the Main Street market. The quarterly Market Pulse Survey published by the International Business Brokers Association (IBBA), M&A Source and the Pepperdine Private Capital Read More
2016 California Employment Law Updates
This year the California Legislature added numerous new employment laws, most of which become effective on January 1, 2016. Some of these laws impose new regulations on employers, while others provide positive benefits such as safe harbors and incentives to employers who reclassify independent contractors as employees. This newsletter highlights a few of the new provisions taking effect on January 1, 2016, that will Read More
Benefits Of A Comprehensive Durable Power Of Attorney And Advance Health Care Directive
When people think of estate planning, they most often (and mistakenly) think only of trusts/wills and what happens to their assets upon their death. However, a comprehensive Durable Power of Attorney for Property Management (“DPA”) and Advance Health Care Directive (“ACHD”) provide important before-death benefits that are typically overlooked. When people think of estate planning, they most often (and mistakenly) Read More
Piercing The Corporate Veil: When Your Llc Or Corporation Does Not Protect You From Personal Liability
One of the main reasons business owners form corporations and limited liability companies (LLCs) is to avoid personal liability for debts and liabilities of their business. Generally, business owners are protected from the debts and liabilities of their corporation or LLC because these entities are considered separate and distinct from those who own them (owners of an LLC are referred to as members, and owners of a Read More
The American Taxpayer Relief Act Of 2012: Time To Review Your Revocable Living Trust
An estate plan is a fine-tuned machine, requiring maintenance and reviews in order to keep the documents up-to-date with the law and major life events. Especially considering the enactment of the American Taxpayer Relief Act of 2012, it is extremely important that an experienced estate planning attorney review your Revocable Living Trust if it was drafted before 2013. An estate plan is a fine-tuned machine, Read More