Spiegel & Utrera, P.A. – Page 12 – AmeriLawyer – Incorporate, Trademark & Asset Protection

Georgia Annual Registration

March 4, 2015 Spiegel & Utrera, P.A.

We would like to bring to your attention that Corporations and LLC’s registered or filed with the State of Georgia is required to file an annual registration. Annual registrations are due by April 1st of each year and may be filed as early as January 1st. Entities that do not timely file annual registrations, together with all required fees, may be subject to administrative dissolution or revocation of their authorization to transact business in the state of Georgia.

An entity that is administratively dissolved may reinstate by filing an application for reinstatement along with a $100 filing fee and any unpaid annual registration fees. However, if another entity has filed under that corporation’s name during the period of administrative dissolution, a new name must be selected.

Avoid reinstatement fees and possibly losing your company name. Submit your Corporation or LLC HERE so that we can assist you with the required Georgia Annual Registration. Spiegel & Utrera, P.A. normally will contact you within 4 business hours to assist you with your annual registration.

The maintenance of your Corporation or LLC records are important and required by law. Filing your annual registration, preparing the notice and minutes of your annual meeting and maintaining your registered agent status is an easy way to maintain your corporate records, your corporate veil and to protect yourself from personal liability.

If your corporation is no longer doing business, please take the necessary steps to dissolve your Corporation, LLC or Partnership. By dissolving your entity properly, your entity will not be subject to identity theft or some one high jacking the entity, you will also no longer be responsible for state annual fees and state and federal taxes for your entity.

Visit our website for more information and to make sure your interests are protected!

Email: info@Amerilawyer.com

Types of Power of Attorney

February 25, 2015 Spiegel & Utrera, P.A.

Power of Attorney is a written document in which one person, the principal, appoints another person or people, the agent or attorney-in-fact, to legally act on his or her behalf. Most POA’s are “durable”, which means they remain active after you become incapacitated. All POA’s are revocable at any time, unless stated otherwise. All expire upon your death. Power of Attorney requirements vary by state.

Limited Power of Attorney. Someone acts for you in specific situations. You can limit the time frame or scope of that responsibility, say, signing documents while you are out of the country or only trading stocks. This type of POA expires when the stated event occurs, you revoke it, or when you die. You can’t grant power of attorney for certain matters, including to create or make a will, to serve jail time or to vote.
General Power of Attorney. This grants broad authority to your agent. If you draft it to be durable, or if your state presumes it to be durable, it continues even after doctors deem you to be mentally incapacitated. It usually relates to financial matters. Your agent can sign transactions for you and make decisions about your affairs, including those related to banking and investing; managing, buying and selling property; filing income taxes; giving monetary gifts; changing your living situation; and hiring people to care for you.

That POA is intended to be used only if you no longer want to manage your affairs or can no longer do so. You might feel safer drafting your POA to trigger, or spring, your incapacity, but your agent is more likely to get cooperation from banks and brokerages if it’s drafted to be made effective immediately.

Health Care Power of Attorney. Some states permit you to grant a power of attorney for medical decisions on your behalf. Others instead allow you to designate an agent or “health care proxy” for that purpose.

Our goal is to provide each of our clients with as much information as possible about types of Power of Attorney. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you. If your affairs are complicated or if you are unsure, a consultation with Spiegel & Utrera, P.A. is recommended. We have taken the time to develop easy to understand kits which enable you to obtain these important legal documents for a fraction of what a visit to a lawyer’s office would cost for the same services.

Click HERE for more information and to make sure your interests are protected.

7 Tips On How To Fund Your Business

February 24, 2015 Spiegel & Utrera, P.A.

Whether you are a new business seeking initial capital or already up and running and looking for money to grow your business, remember to stay flexible and remain vigilant.

A majority of businesses receive their funding from many different sources phased out overtime. There is no such thing as funding that is easier to come by than another. Here are several options to fund your business:

Friends and Family. Obtaining funding from friends and family is the most popular way to get seed money for your business. This type of funding is structured best as a one-year loan with high, low, or no interest. Remember that all parties are encouraged to get legal advice with regard to the lenders documents.
Product Presales. Selling your products can be a highly effective way to raise money for your business. Keep in mind foreseeable issues such as coordinating inventory delivery, having enough products for pre-sale and anticipating back orders.
Small Business Administration Loan. The Small Business Administration (“SBA”) offers two types of loans to entrepreneurs who need capital for their business: the 7(a) guarantee small business loan and the 504 fixed-asset small business finance program. Prospective borrowers can inquire about these loans at banks affiliated with the SBA.
Angel Investors. Angel investors have helped with several big companies including Google and Costco. This form of investment typically occurs in a business’s early stages where investors expect a 20 to 25%return on their investment.
Selling Assets. Many entrepreneurs are in possession of items such as cars, jewelry, antiques, etc. that can bring in a large amount of money if sold. Consider selling your possessions as an alternative financing method for your business.
Renting your Residence – There are many websites that allow you to rent your home or apartment for days at a time or months. Potential issues that can arise would be making sure you have a place to stay during the rental time and a place to work if you usually use a home office.
Lending from high-net-worth individuals. Lending from these individuals can be done through convertible debt or terms of credit. Convertible debts is a blend between debt and equity. It is secured through a convertible note and carries a per annum interest rate until some point in the future when it converts into equity. The conversion usually occurs during the next round of financing and is given warranty coverage or discounted based on the company’s valuation. Terms of credit are only usually given to companies with a solid track record. They come in the form of a senior secured loan with a high liquidation preference, meaning they must be repaid before all other debt or equity holders.

Visit our website for more information and to make sure your interests are protected.

Protect Your Business With An Employment Agreement

February 19, 2015 Spiegel & Utrera, P.A.

A recent state court decision continues to allow employers to include a waiver of class action lawsuits by employees within the employment arbitration agreement. The court reaffirmed the idea that class action lawsuits are procedural, the purpose being to ease the burden on the court when a large groups seeks to sue another party, and not a substantive right, such as life and liberty as protected by the Constitution.

The court also rejected the idea that this waiver violates employee rights to engage in collective bargaining. In whole, the court’s decision makes for greater enforceability of arbitration clauses within employment agreement between your business and your employees and greater protection for the investment you have made into your business through the protection of an employment agreement.

Allow Spiegel & Utrera, P.A. to prepare an Employment Agreement that will help you protect your business. Visit our website today for more information and to make sure your interests are protected.

Make Sure Online Customers Are Safe

February 17, 2015 Spiegel & Utrera, P.A.

Small businesses are more vulnerable to attack; sell your customers on the idea that your site is safe.

Getting a secure badge is one way to reassure newcomers that your website is “trusted.” For example, a seal from McAfee Secure or Google Trusted Store will show that your site meets certain safety criteria. Also, let your clients know about ongoing measures you are taking to improve security such as training staff to guard against vulnerabilities.

Looking polished will give your customers a broader sense of security. The key to having a professional website is a proper privacy in place. The goal of a privacy policy is to disclose all the ways your website will respect the dignity of the user’s privacy. It will also maintain a high level of community trust.

To better understand how your website will benefit from a privacy policy visit Amerilawyer.com for more information and to make sure your interests are protected.

“Understanding Your Business Is Our Business”

The Home Office Deduction

February 13, 2015 Spiegel & Utrera, P.A.

Avoiding unnecessary tax liability involves understanding many of the business-related deductions the IRS offers entrepreneurs. If you run your business from your home, you may be entitled to a home office deduction on the square footage of your home being used exclusively for your business. The

“exclusivity” test is taken very seriously by IRS auditors. The section of your home that you claim is used for business must be partitioned in some way and personal-use either by you or other members of your family must be nominal (according to IRS, allowing your son to do his homework in your home office is enough to disqualify the deduction).

The second requirement is that the home office must be used as a principal place of business. The office must be used regularly (and exclusively for business) or it must be an area that is used primarily for meeting with clients. This does not mean, however that if you use an outside office from time-to-time you are disqualified from the home office deduction. So long as the office is used to complete substantial administrative or managerial tasks for the business, the second requirement will be met.

The ultimate payoff is that a number of direct and indirect expenses that would otherwise be personal, nondeductible expenses can be converted to business write-offs and consequently lower your overall tax bill (this includes the cost of phones or internet service, the cost of repairing the office, a certain percentage of utilities, insurance, taxes and much more). A well-drafted Home Office Lease between your corporation or LLC and yourself would be a great place to start.

Visit our website for more information and to make sure your interests are protected.

Legally Get Out Of A Commercial Lease

February 5, 2015 Spiegel & Utrera, P.A.

You are tied up in a commercial lease. For some reason (good or bad) you need to terminate the lease. You may be growing so fast that you have outgrown the current facility or you may unfortunately not be as profitable as you planned. How can you legally get out of your lease?

Make sure you know what you are signing up for BEFORE you sign on the dotted line. Read the lease agreement and be sure you understand what all the provisions mean. Try to think about all possible scenarios that may happen during the tenure of your lease; address any concerns you have with the landlord at this time.

There are provisions that can be written into the agreement that will allow you to cancel the lease, i.e.

Break Clause – A break clause gives you or the landlord an option to terminate a lease when the condition of the break clause is met. For example, it may be included in the lease hat the tenant or landlord can break the least at a specific date.

Assignment – Writing in a provision that allows for assignment, meaning you have the right to sell your lease right to a new tenant.

Breach of lease agreement – A lease may be terminated by you or the landlord when the other party significantly breaks the terms of the lease agreement.

In addition there are many other provisions that you want to think about before you sign a lease. What about if the lease calls for a personal guarantee? How about cost for leasehold improvements?

A lease is a complex and important obligation for any new business owner. If you enter into a lease agreement blindly, you are taking a big risk.

Visit our website for more information and to make sure your interests are protected before signing any commercial lease.

Email: info@Amerilawyer.com

Things You Need To Know When Preparing A Will

February 4, 2015 Spiegel & Utrera, P.A.

Do-It-Yourself (“DIY”) Estate Planning seems great, because why pay a professional for a job you could do yourself? Open the computer and a few clicks later you have a Will for what seems like a deal. However, when it comes to your Estate Planning do you really want to risk it to save a few dollars only to leave your family entangled with court costs and litigation? Creating a Will online creates risks in an area that will have lasting consequences. Mistakes in a Will can alter family relationships, leave family confused, disappointment, embittered, or locked in hostile litigation.

Things to consider before delving into the DIY project: who will be the guardian of your child and is that person capable; will you provide for a special needs child, what about divorce, marriage or death, or incapacity of a beneficiary or yourself; are property and accounts held separately, jointly, or in different states; who will be in charge of your estate; and what about tax-savings strategies.

Say you made your own Will, was it properly executed? Did you use dispositive (“I convey”) or precatory (“I would like”) language? Is your intent clear? The answers matter because if the answer is no, then the Will is void, and now your family is left without a Will.

There are many things to evaluate before drafting your own Estate Planning documents that perhaps may be best left to the professionals. Different States have different rules for all of the above-mentioned issues and the person drafting the documents should know those rules.

Who will be in charge of your Estate? Was your Will properly executed? Call AmeriLawyer today at (800) 603-3900 for answers to your Estate Planning questions.

Here at AmeriLawyer, our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.

AmeriLawyer.com

Phone: (800) 603-3900

Email: info@Amerilawyer.com

Trademark Your Company’s Name or Loose it

January 27, 2015 Spiegel & Utrera, P.A.

Careless licensing of your trademark could lead to the loss of your trademark protection. Trademarks prevent others from using your brand name, thereby allowing you to protect the quality of the brand’s goods or services in the marketplace. Additional value of your trademark may be realized through licensing the use of your brand by others. Within the licensing agreement, the licensee must agree to quality control provisions for the benefit of the trademark holder, and the trademark holder must exercise those provisions to actively ensure the licensee is keeping up the quality of the brand. An agreement missing these terms is referred to as “naked licensing.” In one recent state court case, the court found the trademark holder had failed to include the terms in the licensing of the brand, and as a result, the trademark holder had effectively abandoned the trademark.

The law firm of Spiegel & Utrera, P.A. will provide you with professional and quality service toward the processing of your Trademark, Copyright or Trade Dress order. Below we’ve provided links for Trademark, Trade Dress, and Copyright information. We hope to answer all your questions. It is possible that there might be some unanswered questions even after you look through our material. Never hesitate to give us a call. Of course if you know all that there is to know about Trademark registrations, Trademark searches, Common Law searches, Trade Dress, Copyright, et cetera then you may proceed to the online secure order forms. Spiegel & Utrera, P.A. will deliver the professional service and affordable prices that all our clients have come to expect from us!

http://www.amerilawyer.com/trademark/

Phone: (800) 603-3900
Email: info@Amerilawyer.com

Is Your Website Legal?

January 22, 2015 Spiegel & Utrera, P.A.

Building and launching a website can be very useful and efficient tool for small business owners. However, there are some considerations all business owners should keep in mind when launching their websites to prevent penalties from regulatory agencies.

You Need a Privacy Policy. If you collect even one iota of information from those who visit your website, you need a privacy policy. For example, if you have a blog that gives visitors the option of signing up for your newsletter or RSS feed by entering their name and/or email address, you need a privacy policy. A privacy policy is designed to let visitors know what information you are collecting when they visit your site, what you use this information for, and whether you share this information with third parties. If you collect payment through your website, you will need a policy in place. Website owners also need to include a statement about how you’ll notify visitors if and when your privacy policy changes. This is usually done by an update to the privacy policy page on your website.

You Need Terms of Use. Terms of use, also known as terms and conditions, serve as the contract between your business and website visitors who make purchases from your website. Your terms will be useless unless they are tailored to the way you do business and interact with folks via your website. Terms of use can cover a wide variety of topics; some examples include your right to use information posted by users on your site, whether and how your intellectual property posted on the site may be used by users, and payment terms, warranties and liabilities waived, account management, site security, jurisdiction for any lawsuits arising from their use of your site.

Phone: (800) 603-3900

Email: info@Amerilawyer.com

http://www.amerilawyer.com/

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