I recommend that you have an attorney review the lease for an opinion on any waiver of rights. Generally, when a lease or guaranty includes this language, the language is intended to waive all rights a tenant may claim under any statutes. This exact language would not waive any common law rights...View More
I established a single-member LLC in California in 2018. Now, I would like to add another member to this LLC by giving him 50% of the ownership. I already received a new EIN from IRS for this two-member LLC. Now the question is what form do I need to file on California State's website? Do... View More
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...View More
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?
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...View More
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...View More
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.
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...View More
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...View More
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.
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...View More
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...View More
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