answered on Apr 12, 2023
If you have stock certificates, you can do it by signing an Assignment Separate From Certificate, attached it to your stock certificate, mark cancelled on the stock certificate and issue a new certificate in the new owner's name.
607.0626 Shares without certificates.—... Read more »
We share a business currently 20-80 cut. 20% me, and I’d like to sell them my home for a 65% cut of the business to make it 65%/35% new terms
answered on Mar 13, 2023
Yes provided the mortgagee agrees to the assumption of the mortgage. Try to get a release from the Mortgagee for future obligations under the mortgage. You will have to transfer the home by a deed recorded with the County Clerk and pay documentary stamp taxes on the balance of the mortgage... Read more »
answered on Jan 5, 2023
My experience with filing Articles of Organization via e-fax is it becoming effective the next business day. I have never had to wait 8 weeks. When you file the Articles of Organization specify an effective date 5 business days before the filing date. See Section 605.0702 of the Florida Statutes.
I need a owner financing document that protects me from buyers that will take the vehicle, never make a payment under contract, or total the vehicle and never make a payment again
answered on Oct 20, 2022
You need a Note and Security Agreement. The Security Agreement grants you a security interest in the motor vehicle so you can take it back for non-payment. You will need to record the Certificate of Title showing you as first lienholder and hold onto the title until full payment of the Note.... Read more »
What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you
answered on Aug 9, 2022
I have a client that has done this as a franchisee. You have to find a location and negotiate a master lease with the landlord with the landlord understanding that you will be subdividing and subleasing the premises to various subtenants. You need to check that the zoning will allow the intended... Read more »
I'm dissolving a Florida LLC and on the form it asks for "A description of occurrence that resulted in the limited liability company's dissolution" and I'm not sure of how to answer.
My operating agreement states:
The Company will operate until terminated... Read more »
answered on Jun 23, 2022
If the members have decided to dissolve the LLC, you should have a resolution contained in a Consent of Members in Luie of a Special Meeting signed by all members. You can then check the appropriate box.
It is important to know what Treaty Florida uses to sell land.
answered on Feb 7, 2023
It starts with Adams-Onís Treaty or the Transcontinental Treaty between the United States and Spain in which Spain ceded Florida to the United States in 1819.
The paper restricts all HVAC jobs, both as an owner and employee for a 50-mile radius of a territory where he makes the most money. Im scared to sign it. It's an entire year id be unable to work in the industry if I left for any reason.
answered on Jul 21, 2022
The covenant not to compete will probably be enforceable as it appears reasonable in time, scope, duration and protects the legitimate interest of the owner.
answered on May 10, 2022
You must amend your Operating Agreement to show the new percentages and have all the members sign it.
answered on Apr 21, 2022
You do not have to register as a member. Your ownership should be reflected in the Operating Agreement.
My current LLC sell female fashion apparel, shoes, intimates, & accessories. But there is some businesses that are very similar to mine that I have the right connections to start a new business per that product category or service. Can I run a new similar business under my LLC? Or better yet,... Read more »
answered on Mar 13, 2022
All income from a LLC is subject to employment taxes. Discuss with your accountant on making a special election for your LLC to be treated like an S corp. This will give you the ability to have a reasonable salary to subject to employment taxes and any excess income treated as a distribution not... Read more »
answered on Mar 10, 2022
It depends on what the Articles of Incorporation or Bylaws provide. Absent a specific provision in these documents Florida law provides:
607.0809 Vacancy on board.—
(1) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors,... Read more »
I'm starting a business in Florida and planning out my business name. I'd like the business to be known by an anacronym and by its full name. Do I need to register two DBAs?
Specifically, it's a ceramics business that I want to call "St. Lucie Inlet Pottery" or... Read more »
answered on Feb 11, 2022
I think you need to register both names as fictitious names. See Section 865.09 of the Florida Statutes. I would also consider operating the business as an S corp or LLC.
I would like to become a day trader of stocks and cryptocurrencies and saw S Corps may provide many tax benefits. I live in Florida. Would an S Corp allow me to pay less taxes / should I incorporate overseas in a tax haven such as the Cayman Islands?
answered on Feb 8, 2022
An S corp is superior to a regular or C corporation or a limited liability company. You would form a Florida corporation and within 75 days complete and file IRS Form 2553 with the IRS. Assuming your venture is profitable, you may be able to pay yourself a "reasonable" salary (subject... Read more »
answered on Feb 1, 2022
If you are a Florida corporation or LLC and you move your office to another state, you will have to qualify to do business as a foreign entity in that state as well as change your information when you file your Florida Annual Report.
answered on Jan 19, 2022
This is a good question as an unlimited personal guarantee puts your assets at risk. In my opinion, the Franchise Business should stand alone and generate enough income from which to pay the monetary obligations to the Franchisor. I have no problem with you signing a separate confidentiality and... Read more »
I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... Read more »
I have been working full time on this business.
answered on Sep 6, 2021
Do you have a written agreement with your partner such as a Shareholders' Agreement, Operating Agreement or Employment Agreement? If not, you need to reach some understanding with your partner that you can't work for nothing?
I will be starting a online business and decided to go with sole proprietor. And i have doing some research and i want to get a Dba and i know im supposed to publish it in a news paper but not really sure how and i know im supposed to put an address also for the newspaper but my business will be on... Read more »
answered on Aug 12, 2021
In Florida, Section 865.09 of the Florida Statutes requires the one-time publication of a legal notice of the fictitious name in a newspaper in the county where the principal place of the business will be located. I believe your residence address would be the location of your business.. After... Read more »
I have a perpetual license for an industry specific design software. We've always been forced to pay a yearly maintenance/support fee. Even if we missed a year becasue we didn't need it, they'd back charge us when we wanted to re-institute the support. Now the company has moved to a... Read more »
answered on Jul 30, 2021
This article should give you more information as to whether the software company can terminate the contract.
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