LLC as a Holding Company

The limited liability company (“LLC”) has quickly become the favored business structure for many small businesses. This is due to its ability to combine many of the best features of both partnerships and corporations, such as operational flexibility, limited liability for all of its members, and pass-through taxation.A natural development that comes with this trend is the desire to continue reaping these same benefits and use an LLC as a holding company.

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Have You Met the Requirements to Maintain Your Trademark Registration with the USPTO?

Your trademark has been registered successfully with the United States Patent and Trademark Office (USPTO) – congratulations! Although this journey that has lasted for a few months has ended, there is still “upkeep” work that must be done to maintain the validity of your trademark with the USPTO.  

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Securities-Based Crowdfunding as a Capital-Raising Tool for Small Businesses

The Jumpstart Our Business Startups Act (“JOBS Act”) formed a specific registration exemption for certain securities-based crowdfunding transactions.  Per the JOBS Act, the Securities and Exchange Commission (SEC) was required to adopt rules for Regulation Crowdfunding with guidelines for investor protections.  The final rules were issued by the SEC in October 2015, and went into full effect on May 16, 2016.

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Where to Incorporate: Florida or Delaware?

In working with South Florida clients contemplating where to incorporate, two states come up the most: Florida and Delaware.  There are many instances where the idea of a Delaware incorporation is overly glamorized or preferred simply because many well-known Fortune 500 companies have incorporated in Delaware.  Because of this, many entrepreneurs intend to incorporate in Delaware, without ever doing a true cost/benefit analysis of the legal, cost and tax implications.  

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