Archive for July, 2010

Types of Business Formations

There are primarily two types of business formations in the United States. These include a limited liability company or LLC and a corporation. Corporations are further classified as “S” Corporation and a “C” corporation. Both these corporations are on different tax levels as per the norms of the US Internal Revenue Service or the IRS and on the fact that they fulfill certain criteria that are specified in the tax code.

The basic attributes of both the “C” and “S” corporations are almost similar. Both of these offer limited liability. The owners of both these types of corporations are also referred to as shareholders and are held financially accountable for the liabilities of the company for the respective amounts that they have invested in the corporation as capital.

“S” Corporations: These are small companies that are privately owned. The profits generated by the company are liable to be taxed once. As per the existing tax codes, the shareholders of such a corporation should not exceed 75. All the shareholders should have their respective SSN or Social Security Number which in fact can only be obtained if the shareholder is a US citizen, a temporary resident or a permanent resident. If a corporation fails to satisfy the requirements that are specified for an “S” Corporation, it would be eventually be declared as a “C” corporation by the IRS.

“C” Corporation: These are large companies with several shareholders. The profits generated by this corporation are taxed twice and the corporation needs to pay income tax twice.

Then there are a number of limited liability companies which also share their core attributes with that of the corporations especially when it comes to the owner’s liability for their share of investment in the capital and prove to be advantageous especially for the foreign investors.

These are the basic guidelines that are followed for business formations in the country and are therefore applicable for each of the states. Arizona business formation is also governed by the above mentioned factors. You can browse a legal directory to check the legalities involved with the process.

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Nancy on July 26th 2010 in Business law

Dealing with the Legalities of Business

Setting up a new business in New Jersey? Then you need to be aware of the corporate laws in the state so that your business complies with the laws. In order to solve your business issues, you need to hire the services of a NJ corporate lawyer who is well aware of the state statutes. Experienced lawyers can provide you with the right kind of assistance and counseling as per the state laws, be it in the field of commercial or corporate transactions.

Corporate lawyers in the state offer advice and guidance on a variety of issues:

  • Operational agreements and shareholder agreements.
  • Representation of companies in dealings that include acquisitions, employment agreements, commercial transactions and sales.
  • The creation, organization, ownership rights, formal control and dissolution of corporations based in New Jersey, along with joint ventures, limited liability companies and partnerships.
  • Management, control, corporate governance and crisis management within the organization and these also include close-corporations and businesses run by families.
  • The proper representation of borrowers and lenders in the event of commercial lending transactions.
  • Offering legal advice to large and small stakeholders, members, business participants, partners and employees and the settlement of disputes amongst business owners.
  • Providing legal representation for creditors in bankruptcy cases and other cases.
  • Negotiating restrictive covenant agreements, employment agreements and joint venture agreements.
  • Negotiating agreements and business contracts with distributors, vendors, licensees and suppliers.

If you are looking for a corporate lawyer to assist you in the legal matters of your company, then it is best to search for someone who has substantial experience in the field. You can seek referrals from your acquaintances in this regard. Corporate law is a complicated branch of law and it is difficult to tide over matters without expert help. You can read through a legal directory to learn more about corporate law terms.

Are you looking for a corporate lawyer in your state?

There is a good chance you will either encounter a few business owners, who have an attorney, or you might in fact meet few attorneys with experience in corporate law. The US Chamber of Commerce is just for an example. Or you can contact with Hinkle, Hensley, Shanor & Martin, L.L.P. to hire a New Mexico Corporate Attorney.

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Nancy on July 26th 2010 in Business law

Corporate Legal Assistants Supporting Law Firms in the US

Corporate law sector is wide in operation and exhibits vast field of complicacies. For a corporate law firm it is not always viable for an attorney to handle the case of his/her own. In most of the cases a corporate legal assistant providing support to the attorneys working for a given corporation is required.

What makes a corporate law firm opt for legal assistant?

For a large firm handling corporate law of a private company (in-house department), the tasks need real vigor. A corporate legal assistant depending upon the business and type of responsibilities serve a number of functionalities within the corporation or law firm. The prime function is to offer help to the attorneys dealing with a particular corporation.

What the corporate legal assistant does?

It starts with writing contracts, tackling insurance disputes, dealing with employment discrimination cases, planning a business structure, assisting a business incorporate etc. To responsibly draw the major framework of legal intervention, they also get involved in disputes between two businesses or a business and customer and handle the litigation. Chiefly these are the specific works corporate lawyers do, but with the considerable support from a corporate legal assistant.

In some firms or companies the role is much similar to paralegal counsel. They conduct legal research to help an attorney solve legal questions his client is interfacing. For instance the legal assistant may use law books, online law resources, handbooks to find out the similar cases and their treatment procedures. This could be the clue finding tool acting on behalf of the client. The legal search would include creating keywords/key phrases to find cases, codes, statutes and other sources of law to answer the current question.

There are some additional activities like typing case briefs, motions, pleadings or other court documents and memorandums to be prepared and writing letters to clients informing the status of the case. Anything that needs to be relayed between client and attorney can be performed by such assistant.

Taking in account good law firms providing such corporate legal assistant, Portsmouth, US has been offering quality commercial litigation attorneys and associates. One can get in touch with Portsmouth Corporate Law Firm to know the reputation of their corporate lawyers and legal assistants.

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Nancy on July 26th 2010 in Business law

What an International Trade Attorney is worth of

An international lawyer generally works on a wide range of issues pertaining to global aspects. They are specialized in one specific area of law. For instance, an international lawyer would tackle corporate issues, like negotiating a foreign business deal for companies located abroad. On the other hand, an international lawyer can also focus on litigation cases that involve citizens or businesses with multi location existence. International trade lawyers do specialize in functioning on inter-nation agreements or treaties.

International trade, international business, international tax, and international law are some of the common practice areas of an international lawyer. Usually, an International trade lawyer advises clients on the rules related to trades between countries. These lawyers can suggest customs requirements for countries that deal across borders.

Moreover, international trade lawyers can help clients during foreign investments by arranging and negotiating documentary letters of credit or other legal trade documents. International trade lawyers would also interact with the World Trade Organization, an organization that regulates international trade.

These lawyers are often seen negotiating contracts that include more than one country. It can be the contract involving the merger of companies located in other countries. In addition, international business lawyers can suggest on establishing and dissolving foreign companies as well as international rules and regulations applicable to global businesses.

Tax lawyers specialized in International trade typically advice individuals or business entities with sources of revenue outside their native countries. Generally, they have a well-nourished understanding on how the tax laws in multiple countries work, what is the tax effects associated with overseas transactions etc.

In addition, their objective is to reduce their worldwide effective tax rates. Other major functions for an international tax lawyer are to maximize foreign tax credits. Among other vital assistances, advices on issues related to human rights and war crime cases are also noteworthy.

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Nancy on July 23rd 2010 in International Trade