Gifting LLC Interests; A New Hidden Trap

Gifting LLC Interests; A New Hidden Trap By Douglas C. Alexander SAALFELD GRIGGS PC Many people have organized limited liability companies as entities through which to conduct their businesses. One reason for choosing an LLC is the ease with which the membership interests can be transferred, thus facilitating gifts, including gifts that qualify for the

From LLC to S Corporation: What to Do When a Start-up Takes Off

From LLC to S Corporation: What to Do When a Start-up Takes Off When a business adopts a formal entity structure, it often elects either a limited liability company taxed as a partnership (an “LLC”) or an S corporation, as each entity provides certain benefits to the owners depending upon the particular facts and circumstances.

Divorce – Can the Business Remain Intact?

Divorce – Can the Business Remain Intact? By Douglas C. Alexander SAALFELD GRIGGS PC When a new business is formed, all eyes look ahead. Although business owners usually carefully evaluate the risks and challenges that the new business might face, they often assume that they will continue to get along and that internal dissension among

Corporate Maintenance – The Ounce of Prevention

Corporate Maintenance – The Ounce of Prevention As the economy slows, we have seen an increase in the number of claims made against our business and commercial clients. One of the major concerns of the client is whether the business entity formed to provide liability protection will shield the owners’ personal assets from such claims

Copyright Ownership of Your Business Documents

Copyright Ownership of Your Business Documents By Caleb A. Williams SAALFELD GRIGGS PC At some point in the life cycle of your business, you have or will request that an employee or third party create something for use by your business, such as a brochure, a logo, artwork, a policy manual, or even a website.

Stark II, Phase III – CMS Issues New Stark Regulations

Stark II, Phase III – CMS Issues New Stark Regulations By Wayne A. Kinkade SAALFELD GRIGGS PC On September 5, 2007, the Centers for Medicare and Medicaid Services (“CMS”) completed Phase III of the rulemaking process under the federal physician self-referral prohibition commonly known as the “Stark law.” The new regulations are effective on December

Choice of Entity: S Corporation or LLC?

Choice of Entity: S Corporation or LLC? When the time comes for a business to adopt a formal entity structure, several important issues must be considered. It is difficult to determine which entity is the better choice without understanding the overall objectives of the business and its owners or investors. Historically, the entity of choice

Buy Sell Agreements: The Basic Elements

Business Sale 101 – The Letter of Intent By Wayne A. Kinkade SAALFELD GRIGGS PC Owners of closely held corporations with two or more shareholders should plan in advance for the retirement, death or other departures among the shareholder group. Imagine learning that a deceased shareholder has passed along his or her interest to a

Business Sale 101 – The Letter of Intent

Business Sale 101 – The Letter of Intent By Douglas C. Alexander SAALFELD GRIGGS PC For many business owners, the culmination of a lifetime of building a successful business is its sale. Just as strategic planning is an important element in the successful operation of a business, advance planning is also critical to the success

Business Sale 101: Structuring the Sale

Business Sale 101: Structuring the Sale By Douglas C. Alexander and Caleb A. Williams SAALFELD GRIGGS PC Previous articles in Business Briefs have discussed two initial steps in a typical business sale: drafting the letter of intent and conducting the due diligence process. This article will discuss another key consideration, the structure of the transaction.