Washington is poised to launch its most direct attempt to revive small business lending since the financial crisis with a plan to invest up to $30 billion of federal money in small banks and give them incentives to re-lend that money to Main Street companies.
The Small Business Lending Fund, outlined by President Obama in his State of the Union speech six months ago, cleared a key Senate vote to end debate July 22 as two Republicans broke with their caucus to support the measure.
READ ENTIRE ARTICLE.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Friday, July 30, 2010
Thursday, July 29, 2010
Nevada - New Tax Benefits Aid Employers
Two new tax benefits are now available to employers hiring workers who were previously unemployed or only working part time. The provisions are part of the Hiring Incentives to Restore Employment Act (HIRE). Employers who hire unemployed workers between Feb. 3 of this year and Jan. 1, 2011 may qualify for a 6.2 percent payroll tax incentive. Additionally, for each worker retained for at least a year, businesses may claim an additional general business tax credit of up to $1,000 per worker when they file their 2011 income tax.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Wednesday, July 28, 2010
Today on Bloomberg Businessweek - Obama Promotes Plan for Small Business, Raises Money
Hello all,
Judge as you will. Here's the link to this article sent just moments ago. We all want a "Plan" for every kind of business whether it's small or huge. It pays to see what is happening in the media when it comes to your business.
Read Article
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Judge as you will. Here's the link to this article sent just moments ago. We all want a "Plan" for every kind of business whether it's small or huge. It pays to see what is happening in the media when it comes to your business.
Read Article
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Tuesday, July 27, 2010
Five Great Questions to Ask Vendors
How easy are you to fool? Most of us tend to consider ourselves savvy professionals. After all, if you own a business, you clearly have some level of aptitude when it comes to the business world around you. Yet there are still situations where we may end up taken in, tricked, misled, or just plain romanced. The problem is, all around in the world there will always be some new technology or feature that could help change your business.
If you are smart, you at least take the time to listen to new ideas... but the downside of that openness is that you might unintentionally open yourself up to being the victim of a scam of some sort. Not every scam stinks the first moment you see it, because not every one is malicious in nature. But your time and money are valuable and you need to be able to protect yourself from those who might waste one, or both — whether they realize they are about to do it or not.
Here are five questions you should ask anyone who might be selling you something to test whether they will be a good partner to work with or if they might just be full of hot air:
1. How will you measure if our partnership is successful? Most people will be ready to answer a question of how to measure success for you and your business — or at least they should. The more challenging question is about what makes entering a relationship with your business successful forthem. The answer they give you will tell you a lot about how they see the relationship they are about to enter with you.
2. What else will I need to budget for next year? Many technology buyers are familiar with a concept commonly abbreviated as TCO — or the Total Cost Of Ownership. This simply refers to your overall cost of buying something over time. Asking the question about budgeting for the next year, though, can get a sales person to open up about ongoing costs in a way that asking about ongoing costs might not, because they can see dollar signs for future money. And the upside is that you will get real info on what your total cost of ownership will be.
3. Who else will I be working with (or what other products will I need to buy)? One of the oldest tricks in selling services professions is bringing the "A-team" to a first meeting with you and getting you to fall in love with the stars on the team (who you may not necessarily work with). To make sure you are not getting romanced by one superstar, insist on meeting more of the team members and individuals who will actually work on your business. If you are buying a product, make sure you see the other products in the range that you may need or want to purchase at some point in the future.
4. Where will I be in your range of customers? It is a fair question to ask to find out how important your business is likely to be to a new company that you will be working with. This does not, however, mean that you always need to find a company as a partner where you will be a big part of their customer list... it will just give you a sense of what you might expect and also help you ensure that you are not paying a premium for service when you know you are just a small part of the overall portfolio of customers for who you decide to purchase from.
5. What do I need to do to get a better deal in the future? Once you understand the costs that are involved in whatever you are purchasing, you should also get an answer for the future on how you might be able to negotiate a better deal. This will be valuable to know because if your business increases and you end up purchasing more, you need to know the thresholds to get more preferential pricing, or how else you can improve your contract moving forwards.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Monday, July 26, 2010
Sam's Club Getting into Small Biz Lending: Good?
Jul 26, 2010 -
Is your business seeking capital? If so, a Sam's Club membership could open up access to it. The warehouse shopping centers, a division of Wal-Mart Stores Inc., recently announced plans to test a small-business loan program in partnership with Superior Financial Group LLC. Sam’s Club members who qualify for loans will be eligible to borrow from $5,000 to $25,000 from Superior Financial.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Friday, July 23, 2010
Entrepreneur.com Daily Dose - Getting The Numbers To Add Up
Here's an interesting article brought to you by Entrepreneur.com.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Thursday, July 22, 2010
Startup Activity at Record Low: Challenger - BusinessWeek
Startup Activity at Record Low: Challenger - BusinessWeek: "The New EntrepreneurStartup Activity at Record Low: Challenger
Posted by: John Tozzi on July 20, 2010
The share of high-level job-seekers exiting an outplacement program who start their own businesses dropped in the first half of 2010 to the lowest two-quarter rate on record, according to data from the outplacement firm Challenger, Gray & Christmas released July 19.
Challenger, which provides training and counseling to job seekers, says just 3.7 percent of job seekers leaving its outplacement program are going into business for themselves in the first half of 2010, compared to an average of 8.6 percent in the full-year 2009. The data is based on a quarterly survey of 3,000 people, including 75 percent to 80 percent former managers or executives, Challenger spokesman James Pedderson says in an email."
READ ENTIRE ARTICLE HERE
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Posted by: John Tozzi on July 20, 2010
The share of high-level job-seekers exiting an outplacement program who start their own businesses dropped in the first half of 2010 to the lowest two-quarter rate on record, according to data from the outplacement firm Challenger, Gray & Christmas released July 19.
Challenger, which provides training and counseling to job seekers, says just 3.7 percent of job seekers leaving its outplacement program are going into business for themselves in the first half of 2010, compared to an average of 8.6 percent in the full-year 2009. The data is based on a quarterly survey of 3,000 people, including 75 percent to 80 percent former managers or executives, Challenger spokesman James Pedderson says in an email."
READ ENTIRE ARTICLE HERE
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Welcome to Innovation & Entrepreneurship
Since the pioneers of 1800s followed the editorial advice, “Go West young man, and grow with the country,” the West has attracted entrepreneurs. Today, Nevada continues to grow in terms of intellectual property, skilled workforce and economic strength. According to the Undersecretary of Commerce for Intellectual Property, patents have more than doubled in the state during the past decade. In short, Nevada is helping America continue to lead the national and world economies.
More than a decade ago, Nevada’s leaders recognized the movement from the old economy to an innovation driven economy. The legislature put together a task force of corporate, economic development and academic communities of the state to foster entrepreneurial enterprise in Nevada. Out of this common vision Nevada’s Center for Entrepreneurship and Technology was born. The Center has become an award-winning public-private venture. Nevada has many organizations supporting innovation, commercialization and entrepreneurship.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
More than a decade ago, Nevada’s leaders recognized the movement from the old economy to an innovation driven economy. The legislature put together a task force of corporate, economic development and academic communities of the state to foster entrepreneurial enterprise in Nevada. Out of this common vision Nevada’s Center for Entrepreneurship and Technology was born. The Center has become an award-winning public-private venture. Nevada has many organizations supporting innovation, commercialization and entrepreneurship.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Wednesday, July 21, 2010
Who Calls Nevada Home?
Source: Nevada Commission on Economic Development
Nevada consistently ranks at the top of business surveys as one of the most business-friendly states in the United States. It is not surprising that entrepreneurs choose to start up in Nevada and CEOs of multi-national companies choose to incorporate or place operations in Nevada.
Who calls Nevada home?
Nevada is home to 2.6 million residents that have chosen to call the Silver State home. The state offers an enviable lifestyle with more than 300 days of sunshine annually. Nevada’s geographic location as a hub to the 11 Western states and a tax structure offers a business climate few states can match are among the reasons these businesses have chosen to call Nevada home.
- Starbucks Coffee Roasting Company
- General Electric
- Microsoft
- Harley Davidson Motor Credit
- Barnes & Noble.com
- General Motors
- Ford Motor Credit
- Sherwin Williams
- RR Donnelly
- Kmart/Sears
- Trex
- CitiBank
- Amazon
- Walmart
- Intuit
- Newmont Mining
- International Game Technology
- Quebecor
Government by the People—Business People
The independent spirit of Nevada pioneers is reflected in less red tape for today’s businesses. The Nevada Legislature meets only every two years. Unlike many states with professional politicians, most of Nevada’s legislators are small business owners. They understand the bottom line. And, Nevada’s Constitution requires a super-majority to raise taxes or fees.
Nevada is an “at-will” employment state. This means employers—provided there was no contract or collective bargaining agreement—may discharge employees for good, bad or no cause at all. Nevada is also a right-to-work state, and its laws are not pre-empted by federal law. Labor laws are enforced by the Nevada Commissioner of Labor. The minimum wage in Nevada is $6.55 when qualifying health benefits are offered and otherwise $7.55.
Nevada is an “at-will” employment state. This means employers—provided there was no contract or collective bargaining agreement—may discharge employees for good, bad or no cause at all. Nevada is also a right-to-work state, and its laws are not pre-empted by federal law. Labor laws are enforced by the Nevada Commissioner of Labor. The minimum wage in Nevada is $6.55 when qualifying health benefits are offered and otherwise $7.55.
Still not convinced?
Browse through the site to learn more about Nevada’s economic advantages, workforce, infrastructure, transportation, and of course, lifestyle—or contact one of our Business Development professionals, today!
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Tuesday, July 20, 2010
Sam's Club tests small business loans
Sam's Club tests small business loans
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Monday, July 19, 2010
The 1099 - Employees vs. Independent Contractors
Our recommendation is that you form a Corporation when dealing with Independent Contractors.
Generally, an "employee" is a person who is hired by another person or business (an "employer") for a wage or fixed payment in exchange for personal services and who does not provide the services as part of an independent business. This definition can be contrasted with an "independent contractor" who is a person or entity who, as part of an independent business, becomes obligated to provide goods and/or services for a price. For example, an expert in computer systems might provide services to other businesses as a "consultant."
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Generally, an "employee" is a person who is hired by another person or business (an "employer") for a wage or fixed payment in exchange for personal services and who does not provide the services as part of an independent business. This definition can be contrasted with an "independent contractor" who is a person or entity who, as part of an independent business, becomes obligated to provide goods and/or services for a price. For example, an expert in computer systems might provide services to other businesses as a "consultant."
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Friday, July 16, 2010
Nevada GOVERNOR ANNOUNCES “TAX AMNESTY” PROGRAM
Although this was introduced June 30, 2010, this is helpful information from Governor Jim Gibbons about "Tax Amnesty Program". Click here to read
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Thursday, July 15, 2010
Family Limited Liability Companies Info
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Wednesday, July 14, 2010
About Nevada Corporations
A Nevada Corporation is a corporation chartered under the laws of the U.S. state of Nevada.
Nevada is well known as a corporate haven. Many major corporations are chartered in Nevada, particularly corporations whose headquarters are located in California and other Western states.
The reason for this sort of a choice is that, in general, in the United States, a corporation which operates in more than one state (or country) has a particular state where it is incorporated, to which it is a domestic corporation. In all other states where it operates and has filed papers to be allowed to operate, it is a foreign corporation, and the requirements for corporate governance in the case of a lawsuit do not use the law where the corporation is sued, but instead, the law where the corporation is a domestic corporation.
While public companies can benefit from Nevada's flexible statute, Nevada is particularly attractive to privately-held corporations, and its statute's default provisions are particularly favorable to management.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Nevada is well known as a corporate haven. Many major corporations are chartered in Nevada, particularly corporations whose headquarters are located in California and other Western states.
The reason for this sort of a choice is that, in general, in the United States, a corporation which operates in more than one state (or country) has a particular state where it is incorporated, to which it is a domestic corporation. In all other states where it operates and has filed papers to be allowed to operate, it is a foreign corporation, and the requirements for corporate governance in the case of a lawsuit do not use the law where the corporation is sued, but instead, the law where the corporation is a domestic corporation.
While public companies can benefit from Nevada's flexible statute, Nevada is particularly attractive to privately-held corporations, and its statute's default provisions are particularly favorable to management.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Tuesday, July 13, 2010
How to Remain Hopeful During Economic Crisis | eHow.com
How to Remain Hopeful During Economic Crisis | eHow.com
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Monday, July 12, 2010
How a Corporation is Like a Person
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Friday, July 9, 2010
Is Your Business Killing You? - workaholic - Entrepreneur.com
Is Your Business Killing You? - workaholic - Entrepreneur.com
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Thursday, July 8, 2010
Is LLC the best choice for your Business?
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Wednesday, July 7, 2010
Business in the International Arena - Registration of Limited Liability Companies in the United States of America
The following is a brief look at American LLCs and the possible benefits of such entities if used as a business vehicle by foreign nationals.
Limited Liability Companies (also referred to by the acronym LLC) are a relatively new legal creation. In the past, those wishing to enjoy limited liability in most American jurisdictions were required to either incorporate or form some sort of limited partnership. The relatively recent legislative creation of the "Limited Liability Company" heralded the beginning of more widely available legal protections for those wishing to conduct business in the United States as well as the global community. However, limited liability is not the only benefit for owners of American LLCs.
For a foreign national, one of the major benefits of an American LLC is the usage of American banking institutions. US banks are regarded as some of the most reliable institutions in the world and those doing their banking in the United States of America are able to enjoy the many amenities that US banking institutions have to offer; such as: online banking, merchant account services, and corporate credit as well as debit cards. That said, those wishing to enjoy these benefits should explore all options prior to making irrevocable decisions. Consultation with an American attorney may be advisable as many foreign nationals make assumptions about the American legal system that could turn out to be costly as financial penalties for violations of American corporate law can be detrimental if all proper legal formalities are not adhered to during the incorporation and perpetuation of an American LLC.
American Immigration is another facet of US jurisprudence that could prove interesting to those foreign nationals with an eye toward establishing an LLC in the United States. In certain cases, those conducting business in the USA can base a visa application upon business activity occurring in the United States. An illustration of this possibility is the American B-1 visa. The B1 visa is an American non-immigrant visa that is often utilized by those wishing to travel to the United States for business purposes (ex: specialized corporate training, international staff meetings, team building meetings, etc). American Immigration law is a very complex area of US jurisprudence. Therefore, those wishing to apply for a US visa based upon activities associated with an American company would be prudent to speak with an American Immigration attorney prior to incorporation in the USA as legal counsel may be necessary to better ensure that a legal entity's proposed activities comport with American Immigration regulations as well as substantive law.
As the planet becomes "smaller," in an economic sense, incorporating a company in the United States, with or without limited liability; although limited liability is generally advisable, could prove rewarding for those individuals who wish to conduct business in the international arena.
Benjamin Hart is an American attorney resident in Bangkok, Thailand. He currently acts as the International Director of White & Hart Ltd. and Managing Director of Integrity Legal (Thailand) Co. Ltd.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Limited Liability Companies (also referred to by the acronym LLC) are a relatively new legal creation. In the past, those wishing to enjoy limited liability in most American jurisdictions were required to either incorporate or form some sort of limited partnership. The relatively recent legislative creation of the "Limited Liability Company" heralded the beginning of more widely available legal protections for those wishing to conduct business in the United States as well as the global community. However, limited liability is not the only benefit for owners of American LLCs.
For a foreign national, one of the major benefits of an American LLC is the usage of American banking institutions. US banks are regarded as some of the most reliable institutions in the world and those doing their banking in the United States of America are able to enjoy the many amenities that US banking institutions have to offer; such as: online banking, merchant account services, and corporate credit as well as debit cards. That said, those wishing to enjoy these benefits should explore all options prior to making irrevocable decisions. Consultation with an American attorney may be advisable as many foreign nationals make assumptions about the American legal system that could turn out to be costly as financial penalties for violations of American corporate law can be detrimental if all proper legal formalities are not adhered to during the incorporation and perpetuation of an American LLC.
American Immigration is another facet of US jurisprudence that could prove interesting to those foreign nationals with an eye toward establishing an LLC in the United States. In certain cases, those conducting business in the USA can base a visa application upon business activity occurring in the United States. An illustration of this possibility is the American B-1 visa. The B1 visa is an American non-immigrant visa that is often utilized by those wishing to travel to the United States for business purposes (ex: specialized corporate training, international staff meetings, team building meetings, etc). American Immigration law is a very complex area of US jurisprudence. Therefore, those wishing to apply for a US visa based upon activities associated with an American company would be prudent to speak with an American Immigration attorney prior to incorporation in the USA as legal counsel may be necessary to better ensure that a legal entity's proposed activities comport with American Immigration regulations as well as substantive law.
As the planet becomes "smaller," in an economic sense, incorporating a company in the United States, with or without limited liability; although limited liability is generally advisable, could prove rewarding for those individuals who wish to conduct business in the international arena.
Benjamin Hart is an American attorney resident in Bangkok, Thailand. He currently acts as the International Director of White & Hart Ltd. and Managing Director of Integrity Legal (Thailand) Co. Ltd.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Tuesday, July 6, 2010
Nevada Registered Agent
Nevada law (statute 78.105) requires a Nevada Corporation to retain a Registered Agent. The agent is responsible for accepting service of process and then shall notify the appropriate parties of such service. This is one of the minimum requirements, but it does not give your corporation a viable presence (see Executive Office Services below). With this service we will hand deliver your articles to the state; send filed articles and charter along with forms and information you will need. We also forward any official mail from the IRS and state of Nevada as part of this service. Registered Agent fee billed annually and is required prior to renewing with the Secretary of State.
This service is included with Basic Incorporation Service and New Nevada Corporate/or LLC Shell for the first year.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Monday, July 5, 2010
Charging Order Protection and Nevada
Hello. Hope everyone had a wonderful 4th of July! I came across this article about charging order protection by the Nevada Small Business Development Center (NSBDC) and thought I'd share it with you. Here's the link:http://blog.nsbdc.org/2010/02/27/charging_orderprotection/
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Find out more about American Corporate Enterprises by visiting our website at http://www.americancorpenterprises.com. At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.
Friday, July 2, 2010
More on the Supreme Court of Florida Asset Protection Ruling
Here is the actual ruling by the Supreme Court of Florida on Asset Protection. The link opens a PDF document. Click here.
Thursday, July 1, 2010
Florida Surpreme Court Eliminates Asset Protection Benefit Of Single-Member Florida LLC (And Maybe All LLCs)
Here is some interesting information - The Florida Supreme Court’s holding in the Olmstead v. Federal Trade Commission case, issued June 24, 2010, wherein the Court held that judgment creditors are not limited to the charging lien as their only tool to attack a debtor’s interest in a single member LLC. Creditors have other remedies available to them including, without limitation, levy and sale proceedings under Florida Statute 56.061. The ruling, at a minimum, denies single member LLCs the same asset protection benefits as multi member LLCs.
The court’s ruling is based on two features of Florida’s LLC statutes. First, cites Section 608.433(1) to show why a charging lien is the appropriate collection tool against a debtor who owns a membership interest in a multi-member LLC. That statute states the basic rule absent contrary provisions in the LLC operating agreement that an assignee (creditors are assignees) of a membership interest may become a member only if all other members so consent. If a judgment creditor were to levy on a multimember interest the creditor could not take over the debtor’s interest and could exercise no management powers without the consent of the non-debtor members. This provision, the court said, is irrelevant in a single-member LLC because that member’s creditor takes the full title and powers of the debtor member upon levy without the consent of anyone other than the debtor.
Second, the court said that although the LLC statute states that a creditor may apply for a charging lien against a debtor member the statute does not state that the charging lien is an exclusive remedy. Other creditor remedies, such as levy and sale under Section 56.061 or the appointment of a receiver, are not excluded by Florida’s LLC statute. The court contrast Florida’s partnership acts which expressly provide that a charging lien is the creditor’s exclusive remedy against a debtor’s partnership interest. (Of course, there is no such thing as a single-member partnership).
The Olmstead LLC case was decided 3-2. The majority opinion was about 14 pages long. Justice Lewis wrote a strong dissenting opinion which was almost 30 pages long. Justice Lewis argued that the court’s ruling that the charging lien is a non-exclusive remedy affect not just single-member LLCs but all LLCs organized in Florida regardless of the number of members. He said that, "The majority opinion now eliminates the charging order remedy for multimember LLCs under its theory of "nonexclusivity" which is a disaster for those entities."
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