Archive for the ‘ 10 Things ’ Category
10 Things About Qualified Domestic Relation Orders (QDROs)
What’s the Big Deal? ERISA. It’s the Federal law that governs most employee benefits plans, including retirement accounts. ERISA prohibits any court order or agreement from dividing employee benefits in connection with divorce, unless the division is according to a qualified domestic relations order (a QDRO). The Must-Haves. Every QDRO must contain: (a) the name [...]
10 Things About Florida Durable Powers of Attorney
What is It? A Durable Power of Attorney (DPOA) is a legal instrument that grants an agent (sometimes called the “attorney-in-fact”) authority to act in the place of the principal. A DPOA is different than other types of powers of attorney because it is effective even if the principal later becomes incompetent. Who can be [...]
10 Things About Personal Guaranties
1. This Time, It’s Personal. A personal guaranty is a promise to be personally responsible for the obligation of another person or company. The person or company to whom the obligation is owed—usually a lender—can enforce the obligation against the guarantor just like the original obligor. 2. Would You Loan Money to a Teenager? No, [...]
10 Things About the 2010 Tax Relief Act
1. Tax Rate Status Quo. The Act holds steady the 2010 income tax rates for 2011 and 2012. Personal income tax rates will continue to range from 10% to 35%, and long-term capital gain tax rates will again be 0% or 15%. Also, qualified dividends will continue to be taxed at long-term capital gain tax [...]
10 Things About Joint Ventures
“Synergy.” “Joint venture” is a generic buzz term referring to any business activity carried on with the active involvement of more than one company or person who share the profits or losses. Importantly, the term “joint venture” means something different to everyone. Proposing a joint venture is the beginning of the negotiation, not the end. [...]
10 Things About Asset Protection Planning in Florida
1. No Lockboxes. Asset protection planning does not depend on sure-fire techniques and strategies that are guaranteed to protect your assets from every creditor in every situation. Instead, asset protection planning requires thoughtful decisions about the manner of owning your assets to cause your most important assets to be least desirable to potential creditors. 2. Act Now! [...]
10 Things About Selling a Business
1. What are You Selling? Early in the negotiations, buyer and seller must agree on what is being bought and sold—company stock (or other equity interests) or business assets. Ordinarily, seller would prefer to sell the company stock, because that will make unknown company liabilities buyer’s problem (subject to seller’s indemnification commitment). However, seller might [...]
10 Things About Buying a Business
1. The Next Right Step. After agreeing in principal to buy the business (through a Letter of Intent, Term Sheet, or handshake), buyer and seller must decide on what comes next. Seller might favor negotiating and signing the purchase agreement, followed by a period of due diligence investigation, followed by closing. Buyer would probably prefer to [...]
10 Things About Estate Planning for Business Owners
1. The Hardest Decisions. For business owners, the business is often the largest (or only) valuable asset of the estate. Who should inherit the business? How much direct control should they have over the business? What if they are bad business men or women? What if they don’t want to continue the business? How important is [...]
10 Things About Creditors’ Claims in Florida Probate
1. Put It in Writing. The creditor of a deceased debtor must file a Statement of Claim with the probate court in which the debtor’s estate is being probated. The Statement of Claim must include a brief statement of the basis of the claim, including whether or not the claim has matured. 2. Racing the [...]