Legal Services – Page 2 – 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.

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.

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

Why Should You Form A Corporation

January 2, 2015 Spiegel & Utrera, P.A.

The formation of a corporation as a business entity can help reduce your taxes and also provide peace of mind by protecting your personal assets. Here at Spiegel & Utrera, P.A. we want to help you Incorporate a Business and we have put together three advantages on how you can enjoy its benefits.

The most important reason to incorporate is to protect yourself from personal liability. When you incorporate, you are forming a legal entity that is separate from yourself as an individual. The Corporation has powers vested upon it that allows it to make all the decisions that an individual may make. For example, the Corporation may enter into leases, the Corporation may borrow money, it may buy goods and services on credit, and in all cases you are not personally liable for the transaction. If a problem arises, the only recourse would be against the Corporation, similarly, if anyone were to ever file a lawsuit for an action arising out of the business of the Corporation, that party would not be able to go after your personal assets such as your home, or car or boat etc., as long as you comply with the formalities of a Corporation. Therefore you have the peace of mind knowing that your personal assets are safe.

Tax Flexibility

One of the greatest advantages of forming a corporation is that you can elect to be taxed as a corporation. You could avoid double taxation of corporate dividends and profits by choosing Sub Chapter S tax status.

When you incorporate, you are forming a legal entity that is separate from yourself as an individual. The Corporation has powers vested upon it that allows it to make all the decisions that an individual may make. For example, the Corporation may enter into leases, the Corporation may borrow money, it may buy goods and services on credit, and in all cases you are not personally liable for the transaction. If a problem arises, the only recourse would be against the Corporation, similarly, if anyone were to ever file a lawsuit for an action arising out of the business of the Corporation, that party would not be able to go after your personal assets such as your home, or car or boat etc., as long as you comply with the formalities of a Corporation. Therefore you have the peace of mind knowing that your personal assets are safe.

Spiegel & Utrera, P.A. lawyers are qualified and highly experienced in Forming Corporations, Limited Liability Company and Sub Chapter S Corporations. For over 20 years Spiegel & Utrera, P.A. has been serving its 260 000 clients with the utmost respect and quality services. Our prices are the lowest in the industry and we guarantee a top rated service. Make sure to visit our website today for more details!

www.AmeriLawyer.com

To find more information about Incorporating a Business click here:

http://www.amerilawyer.com/form_a_corporation/corporation.htm

Phone: (800) 603-3900

Email: info@Amerilawyer.com

“Understanding your business is our business”

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