Blog Archives

Common Mistakes Made by Small Business Owners – Part 1 – Not Incorporating

One of the most common mistakes made by small business owners is not forming a separate legal entity at all, and operating as a sole proprietor. A sole proprietor  is a person who is running a business under their own name or a fictitious name, but without incorporating or forming a separate legal entity to operate the business.

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Posted in Business Law
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Alert Regarding Florida and Federal Labor Law Notices

SCAM ALERT: If you own a business in Florida, you may have received or will receive shortly a deceptively misleading but official looking letter in the mail asking you to fill out and return in the enclosed postage pre-paid envelope an official looking form along with payment in order to obtain your revised Florida and Federal Labor Law Notice posters.

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Posted in Business Law
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The Truth about Notices Received by Florida Business Owners

SCAM ALERT:  If you own a business thru a corporation or LLC you may have received or will receive shortly a deceptively misleading form in the mail asking you to fill out and return to the address listed therein an official looking form along with a fee of $125.00.  The form is intended to trick you into believing it is from the Florida Department of State. 

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Posted in Business Law
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Minimum Wage Changes for 2013

Several states have implemented minimum wage changes that were announced late in November, 2012, and will take effect on January 1, 2013. As employers prepare to complete their first payroll in 2013, it is important that they understand these changes. Florida has announced an hourly minimum wage increase. Effective January 1,

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Posted in Business Law
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Signing Contracts on behalf of Your Company

One important pointer for new small business owners that is never stressed enough is the importance of clearly identifying your company as the party to all your company’s contracts.  This is relevant at the opening and the end of each contract.

First, the contract should clearly identify the company as the contracting party. 

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Posted in Business Law


Governor signs Olmstead "patch bill"

I previously wrote about the Florida Supreme Court’s decision in Olmstead v. Federal Trade Commission, in which the Court set forth detailed reasoning as to why a judgment debtor’s interest in a single-member LLC should be subject to levy in addition to the imposition of a charging order.  

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Posted in Business Law
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2011 Annual Reports Reminder

All Florida business entities must file an annual report with the Division of Corporations by May 1st of each year.  Late filings are subject to a late fee of $400.00 in addition to the regular filing fee, which is currently $150.00 for corporations and $138.75 for limited liability companies. 

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Posted in Business Law
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Single Member LLCs and Olmstead

A recent Florida Supreme Court ruling in the case Olmstead v. Federal Trade Commission, SC08-1009 (Fla. June 24, 2010), has significantly changed the asset protection afforded to single member limited liability companies under Florida law.  Previously, a judgment creditor was limited by Fla. Stat. 608.433(4), which provided that a judgment creditor may charge the LLC membership interest of the debtor,

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Posted in Business Law
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Interim assessments per Executive Order 10-169

On about July 21, 2010, Governor Crist issued Executive Order 10-169, which authorizes the Property Appraiser’s offices in counties affected by the Deepwater Horizon spill, which includes the coastal counties  of the Tampa Bay area, to provide taxpayers with an interim assessment for claims purposes only.

  • You may use the interim assessment to substantiate a claim to BP or any of the parties responsible.

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Posted in Business Law, Real Estate Law
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Corporate Dissolution

Often when a corporation ends business its principals simply stop filing annual reports with the Division of Corporations and allow the corporation to be administratively dissolved.  One important consideration often overlooked is the continuing liability under an administratively dissolved corporation.  While administratively dissolved, shareholders, officers, and directors may bear personal liability for acts they take on behalf of the corporation while they know the corporation to be administratively dissolved (F.S.

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Posted in Business Law
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