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Questions Answered by Kristina M. Reed
2 Answers | Asked in Mergers & Acquisitions for California on
Q: Should two businesses trying to merge have separate attorneys to most effectively represent both sides?
Kristina M. Reed
Kristina M. Reed answered on Oct 25, 2017

Ideally, yes. The legal needs and goals of each business may well be different and each side should have independent counsel representing it.

In very limited circumstances, an attorney can be retained to draft the transaction documents as instructed by the two businesses. However, in...
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1 Answer | Asked in Business Formation for California on
Q: I want to put a boat to LLC, but do not have one and time line is tight.

Can I file for LLC and buy/place the boat into LLC in the documents without waiting for LLC to be finalized ?

Thanks

Nick, San Diego

Kristina M. Reed
Kristina M. Reed answered on Oct 18, 2017

Until the LLC's Articles of Organization are filed with the California Secretary of State, the LLC does not legally exist and is not legally able to own either real or personal property. Creating a LLC can be a short process. The California Secretary of State's Sacramento Office provides 24 hour... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I am a part owner of a 200 acre rice farm in N Calif. I own 24 % along with my sister each owning 24%.

There are 4 cousins owning the remaining %. Everyone wants to sell (minus partnership discounted 15%) at the FMV to my 1 sister and me, except 1 partner that owns 9%. This has been an ongoing problem for 30+ years. What would a partial sale include?

Kristina M. Reed
Kristina M. Reed answered on Oct 16, 2017

I am unclear about your question. The short answer is Yes, it is possible for all owners, except the 9% owner, to sell their ownership shares to you and your sister. You mention a partnership which may imply that there is a partnership agreement of some sort. You should contact a business and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Serving California 3 Day Notice to Pay or Quit and Notice to Cure or Quit to Tenant.

no question

Kristina M. Reed
Kristina M. Reed answered on Oct 9, 2017

You should always serve both at the same time; otherwise, you will need to wait until the last notice served expires before starting your UD proceedings (unless you want to forgo a judgment for the amount owed on the last notice served then you can start your UD proceedings immediately after the... Read more »

2 Answers | Asked in Mergers & Acquisitions for California on
Q: What's the easiest way to merge my company with another incorporated in Nevada?
Kristina M. Reed
Kristina M. Reed answered on Oct 9, 2017

Attorney Roth gave good examples of the various options. However, without knowing more about the two companies and the goal for the merger, it is difficult to specifically answer your question. Each business transaction is unique and no one way is the best fit for every situation.

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2 Answers | Asked in Real Estate Law for California on
Q: Need help in seller financing paper work of a real estate transaction in Pinole California. Any recommendations?
Kristina M. Reed
Kristina M. Reed answered on Oct 9, 2017

Retain an experienced real estate attorney to work with you to prepare the necessary documents.

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1 Answer | Asked in Real Estate Law for California on
Q: Does Ca real estate law require disclosure of having bre salesperson license now expired in selling home thru agent?
Kristina M. Reed
Kristina M. Reed answered on Oct 4, 2017

There is no law requiring disclosure of an expired real estate license when you are acting as the principle in the transaction. Disclosure is only required when you perform acts which require a real estate salesperson license. However, the REALTOR Code of Ethics may require that you disclose the... Read more »

1 Answer | Asked in Business Formation on
Q: When filing articles of formation , can I list myself as registered agent or leave it blank?
Kristina M. Reed
Kristina M. Reed answered on Oct 4, 2017

You can list yourself as the agent for service of process along with a physical address where you can be served with any legal papers for the business. An agent for service of process is an individual who resides in California, or a corporation, designated to accept service of process (court... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Is it possible to change the name on a commercial sublease? The tenant would still be the same.

What are the steps required?

Kristina M. Reed
Kristina M. Reed answered on Oct 4, 2017

Generally, a Lease Amendment signed by the sublandlord and the subtenant should be used to modify the name of the tenant. However, whether you can change the name on the sublease will depend on the terms of the sublease and, ultimately, the agreement of the parties to do so.

2 Answers | Asked in Business Formation for California on
Q: How soon should I decide whether to make my new business an LLP or not?
Kristina M. Reed
Kristina M. Reed answered on Oct 4, 2017

You should speak with a business attorney to determine your business needs and goals. Generally, a business owner should decide from the outset how it will form and operate. However, changing business structure while in operation can also sometimes be necessary. Also, a LLP (limited liability... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Are there any laws in CA. about a stigmatism of property?
Kristina M. Reed
Kristina M. Reed answered on Oct 4, 2017

I assume you are asking about disclosure of "stigmatisms" during a sale transaction. Generally, a seller has a duty to disclose all facts known to the seller that materially affect the value or desirability of property and that are not readily apparent to the buyer. For instance, a death on the... Read more »

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